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HomeMy WebLinkAbout965972STAR VALLEY MEDICAL CENTER THIRD ADDITION LOTS 14 AND 15 PROPERTY OWNERS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS Th' declaration of Conditions, Covenants and Restrictions is made this 3' day of Pu us+ a0 j a by the undersigned, STAR VALLEY MEDICAL ENTERPRISES, LLC, hereafter called the Declarant, states: KNOW ALL MEN BY THESE PRESENTS; the Declarant of the County of Lincoln, State of Wyoming, are the owners of certain real property being described herein. In order to protect their interest and that of subsequent owners in a subdivision described hereafter, and in order to ensure the uniform and desirable use, occupancy and improvements on said real property, hereby vacate and terminate all previous conditions, covenants and restrictions on the herein described real property and hereby declares and imposes the following limitations, covenants and restrictions upon the herein described real property as restrictive and protective covenants, running with the land and binding upon all present and future owners of any part of such real property, and further declaring that each lot within the tract is and shall be held, transferred, conveyed and occupied subject to the restrictive and protective covenants hereinafter set forth. WITNESSETH: WHEREAS Declarant is the owner of real property located in Lincoln County, State of Wyoming, being described as follows: Lots 14 and 15 of the Star Valley Medical Center Third Addition to the Town of Afton in the NW 1/4 Section 31 T32N Rii8W, Lincoln County, Wyoming, recorded concurrently in the office of the Lincoln County Clerk in the State of Wyoming. WHEREAS Declarant has constructed an office building with two commercial suites on one lot and desires to split the lot on a zero lot line sharing a common wall within the suites; WHEREAS Declarant wishes to transfer ownership of the commercial suites and will share common utilities, mechanical rooms, and parking areas along with other building maintenance and expenses; WHEREAS Declarant has constructed a first class commercial building with two commercial suites, and has used first class type building materials and landscaping and is desirous of maintaining the first class nature of the buildings and surrounding parking areas and landscaped portions of the property; RECEIVED 8/7/2012 at 2:20 PM RECEIVING 965972 BOOK: 790 PAGE: 845 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00845 WHEREAS the Declarant is desirous to subject this property to the conditions, covenants and restrictions set forth herein, all of which are intended for the benefit of the property for each owner thereof. These conditions, covenants and restrictions shall run with the land and each parcel or lot contained therein, and shall apply to and shall bind all successive owners of every parcel or lot, together with all improvements to be constructed or placed on said property; and WHEREAS, it is the further desire of the Declarant, as part of the general development plan for the benefit and protection of the owners of the respective lots within said subdivision, to provide for certain use restrictions, which shall govern and control the use and enjoyment of said lots within the above described real property. NOW THEREFORE, Declarant and consenting owners, do hereby publish and declare that all of the real property described herein is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and approved subject to the following conditions, covenants and restrictions, uses, limitations and obligations, all of which are declared and agreed to be a mutual benefit for the improvement of said property and for the division thereof into lots and shall be deemed to run with the land and shall be a burden and benefit to the Declarant, owners, their successors and assigns, and any person acquiring or owning any interest in the real property and improvements thereon, their grantees, successors, heirs, executors, administers, devisees and assigns. Declarant and owners make and declares and imposes the following limitations, Covenants and Restrictions upon such real property described herein, as restrictive and protective covenants, running with the land and binding upon all present and future owners of any part of such real property, further declaring that each lot within the herein described property is and shall be held, transferred, conveyed and occupied subject to the restricted and protective covenants hereafter set forth. ARTICLE I MUTUAL EASEMENTS Declarant hereby grants a mutual easement for access to all utilities and mechanical operations within the commercial building and the surrounding lots including the stairs, mechanical room, and crawlspace within the commercial building. Both owners shall have the right of ingress, egress, and utilities over, under and across the commercial building and shared parking area for the purpose of installation, maintenance, and repair of all existing or future onsite private utilities, including but not limited to, water, sewer, telephone, cable television, natural gas, irrigation or drainage facilities, parking, etc. Declarant hereby grants a mutual easement for the use of the shared parking area for each owners use and for the use of patrons to each owner's respective businesses to travel across and park within the shared parking area. Declarant hereby grants to the owner of Lot 14 a twenty (2o) foot water line easement over, under, and across Lot 15 as depicted on the Plat filed in the office of the Clerk of Lincoln County, Wyoming, for the installation, maintenance, and repair of an 0084S underground culinary water line. Lot owners shall be responsible for maintenance of the water line from the location of the original water meter within the town road easement and to the meters located near the building. Declarant hereby grants to the owner of lot 15 a twenty (20) foot sewer line easement over, under, and across Lot 14 as depicted on the Plat filed in the office of the Clerk of Lincoln County, Wyoming, for the installation, maintenance, and repair of an underground sanitary sewer line. Declarant hereby grants to the Town of Afton an emergency vehicle access easement over and across lots 14 and 15 as depicted on the Plat filed in the office of the Clerk of Lincoln County, Wyoming Declarant hereby grants to the Town of Afton an easement to town personnel for the purposes of reading and maintaining water meters providing water to the buildings from the Town of Afton. Declarant hereby affirms the ten (1o) foot utility and drainage easement and any other easements of record. ARTICLE II DEFINITIONS Definitions of the terms that are used within these covenants, conditions and restrictions shall be defined as follows and in accordance with Wyoming Law: A. DECLARANT shall mean Star Valley Medical Enterprises, LLC. D. BOARD shall refer to the business owner board as established by these conditions, covenants and restrictions. 4)08 B. CONSENTING OWNERS AND /OR OWNERS shall mean those individuals or entities who currently own real property in whole or in part, within the herein described real property. C. DECLARATION shall mean this instrument by which the covenants, conditions and restrictions have been imposed upon the herein described real property. E. THE INITIAL BUSINESS OWNER BOARD (Board) shall be composed of Jim Wheeler and Andrew Orton. A majority of these Board members may designate any representative to act for them. In the event of death or resignation of any member of this Board, the remaining members shall have full authority to designate a successor member. These members of the Board shall serve on the Business Owners Board until their resignation, death, incapacity or they no longer own any real property, whether individually or through any entity, within the herein described real property. At the resignation, death, incapacity or when a Board member no longer owns any real property individually or through an entity within the herein described real property, the majority of the Lot owners, pursuant to their voting rights as described herein, shall have the power to replace the Board member with any person that they deem is appropriate and at that time is a business owner within the Commercial Building. Provided however, that the number of the Board members shall not be decreased or increased until all of the Board members no longer own any interests, whether individually or through an entity within the herein described real property. If the Board members cannot unanimously agree on a specific item, an outside party may be appointed by the board to cast a tiebreaking vote. It is not a requirement that the outside party own any interest within the commercial building. F. COMMERCIAL BUILDING shall refer to the existing structure built on lot 14 and 15 of the plat recorded in the Lincoln County, Wyoming Clerks office. This building consists of two commercial suites currently used for physical therapy and a dental office. G. REAL PROPERTY AND PROPERTY shall refer to the real property described herein. ARTICLE III PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS Section i. General Purposes: Section 2. Land Use and Building Type: 00848 The foregoing described real property is subject to the following set of restrictions, covenants and conditions to Ensure the best use, appropriate development, and Declarations, Conditions, Covenants and Restrictions for improvements of each lot and building site; and, further, to protect the owners of building sites against improper use of the commercial building as will depreciate, or otherwise adversely affect the value of their property; to preserve the quality of improvements within the described property, to share access to the building for maintenance and repair of utilities or other mechanical systems within the commercial building, and to share the common expenses as they may arise within the use of the commercial building and shared parking area. A. The building on the herein described real property shall only be used for commercial purposes unless otherwise allowed by the Board. B. Any and all construction and /or other activities shall at all times, comply with all existing covenants, restrictions, reservations, applicable building codes and County zoning ordinances, use regulations and restrictions, existing fire codes, and any other Federal, State County or local law and /or regulation. Provided however, the Board may allow non conforming use of any Lot or any building or improvement under these covenants, conditions and restrictions. Section 3. Architectural Control: A. Prior to any construction on the exterior of the Commercial Building on any real property described herein, the person or owner desiring to improve, construct or build, must first receive written approval from the Board. In the event any person or entity begins improvements, construction or building, without first receiving approval from the Board, they shall be responsible for all costs and reasonable attorney fees of notifying them to cease the work and /or for any action including injunctions and civil suits in law and equity resulting from the improvements, construction or building, which was not approved prior. B. Any and all planting or placing of any major landscaping or modification of current landscaping, must first be approved by the Board. C. In the event any proposed improvement, construction or building is not approved by the Board, the improvement, structure or building, may not be started or constructed. D. The decision of the Board shall be final and binding upon the parties concerned. E. The Board has sole authority concerning architectural guidelines and all buildings, fences and structures must be approved in writing or they may be removed as a violation of these covenants with all costs, including reasonable attorney fees to be paid by the person doing the construction. F. All structures and improvements must have architectural appeal and appearance conforming with and /or matching the existing and original structure. Section 4. Shared Expenses: A. Owners of each of their respective suites within the Commercial Building shall split equally all costs associated with the shared parking area. The parking area shall be maintained in a manner to avoid potholes or any other defect that may detract from the aesthetic nature of the building or that would otherwise present a dangerous situation for patrons that would visit either business maintained within the Commercial Building. B. Owners of each of their respective suites within the Commercial Building shall split equally the costs of snow removal within the shared parking area. Snow removal shall be completed on a regular basis so that the parking area may be free of accumulations of snow and ice. 00849 00850 C. Owners of each of their respective suites within the Commercial Building shall split equally the costs of garbage collection to the Commercial Building. D. Owners of each of their respective suites within the Commercial Building shall split equally the cost of construction and upkeep of any shared sign that is used for the display of business names or other identifying information. E. Owners of each of their respective suites within the Commercial Building shall split equally the cost of landscaping including the planting and upkeep, around the outside of the Commercial Building. F. Owners of each of their respective suites within the Commercial Building shall split equally the cost of maintaining and upkeep of the Commercial Building such as the exterior or roof that comes in disrepair due to normal wear and tear. If damage occurs to the building due to the negligence of one of the owners of the Commercial Building, then the cost of repair shall be borne by the responsible party. G. Owners of each of their respective suites within the Commercial Building shall split equally the cost of repairs, maintenance or upkeep of all shared mechanical systems, if any, within the building due to normal wear and tear. If the repair, maintenance or upkeep is the result of one owner's negligence, that owner shall bear the cost of the repair solely. H. Owners of each of their respective suites within the Commercial Building shall split equally the cost of maintaining the water line from the original location (within the Town of Afton road easement) Section 5. Expenses Separate: Costs of maintenance and upkeep of the inside of each respective suite shall be borne by the respective owner of that suite unless the costs of the upkeep are the result of a shared system or piece of equipment used by both owners of the Commercial Building. Owners currently have their own telephone, television, and electrical systems. Monthly costs and any other maintenance of these systems shall be each owner's responsibility. Section 6. Signs: All signs of any kind displayed to public view, shall be approved to the Board prior to construction, erection, or installation. All signs shall be consistent with the predominant architectural design within the development and shall meet all requirements and regulations of the Town of Afton and County of Lincoln if any shall apply. Section 7. Garbage and Refuge Disposal: Section 8. Insurance: Section 9. Procedure: Section 10. Enforcement of Conditions, Covenants and Restrictions: Section 11. Modification: Subject to the provisions contained herein, these conditions, covenants and restrictions may only be amended as follows: A. With the approval of the Board of Business Owners No portion of the real property described herein shall be used or maintained as a dumping ground for rubbish, trash, garbage; and other waste shall be kept only in sanitary containers as approved by the Board. All equipment for disposal of said waste material, shall be maintained in a sanitary and orderly condition and at all times, shall be in compliance with any and all health regulations. The location of any equipment for disposal of waste materials shall be approved of by the Board and shall not be in any other location. Each owner of their respective suites within the Commercial Building shall be required to carry casualty insurance to protect against loss due to fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods. Insurance shall be maintained in the amount of a minimum of five hundred thousand dollars ($500,000.00). Any question or dispute as to whether a particular Lot is being used outside the restrictions or if it is a restricted use, shall be submitted to the Board. The Board shall make its determination upon the question within thirty (30) days from the date written notice is received. The Board's determination shall be final and binding upon the owners of the said Lots, their heirs and assigns. The Board's decision shall be in writing, a copy of which shall be kept with the official records of the Board. The Board and /or any property owner within the herein described real property, shall have the power and right to force any and all of the conditions, covenants and restrictions set forth herein. Additionally, the Board shall have the right to seek recovery of all costs, expenses and reasonable attorney fees from anyone who breaches or violates any of the conditions, covenants and restrictions contained herein. However, a property owner seeking to enforce any and all of the conditions, covenants and restrictions set forth herein, shall not have the right to recover costs, expenses and reasonable attorney fees in an action that they file. B. The amendment as completed by an instrument in writing and signed by those approving the amendment set forth in this paragraph; and C. The modification and /or amendment as recorded in the records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming. Section 12. Purpose: The provisions of these conditions, covenants and restrictions shall be liberally construed to effectuate its purpose of creating a mutually beneficial plan for the operation and development of the real property described herein. Failure to enforce any provision hereof, shall not constitute a waiver of the right to enforce the provision or any other provision hereof. Section 13. Severability: The provisions herein shall be deemed independent and severable and invalidity or partial invalidity or unenforcability of any one provision or portion thereof, shall not affect the validity or enforcability of any other provision contained herein. ARTICLE IV COVENANT PERIOD This declaration, conditions, covenants and restrictions shall take effect upon the recording of this document in the official records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming, and shall be binding on all parties and all persons claiming under them including heirs, successors and assigns in interest, for a period of twenty (2o) years from the date these conditions, covenants and restrictions are recorded. After which time they shall be automatically extended for successive periods of ten (io) years unless a written instrument conforming to Section 18 herein, is filed in the official records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming. IN WITNESS WHEREOF, the undersigned have executed this instrument this 3 I'd day of P 2012. STAR VALLEY MEDICAL ENTERPRISES, LLC Jim Wheeler, Managing Me giber Star Valley Medical Enterprises, LLC dre Orton, Managing Member Star Valley Medical Enterprises, LLC 00852 STATE OF WYOMING )ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Jim Wheeler who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that he /she was a managing member of STAR VALLEY MEDICAL ENTERPRISES, LLC, that the instrument was signed on behalf of STAR VALLEY MEDICAL ENTERPRISES, LLC, by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act a d deed of STAR VALLEY MEDICAL ENTERPRISES, LLC, this 3 rd day of ks 2012. WITNESS my hand and official seal. NO My Commission Expires: ZDI c/ STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: )s County of Lincoln The foregoing instrument was acknowledged before me by Andrew Orton who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that he /she was a managing member of STAR VALLEY MEDICAL ENTERPRISES, LLC, that the instrument was signed on behalf of STAR VALLEY MEDICAL ENTERPRISES, LLC, by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act a d deed of STAR VALLEY MEDICAL ENTERPRISES, LLC, this 3 rct day of Atus 2012. WITNESS my hand and official seal. JAMIE DECORA NOTARY PUBLIC State of County f W Lincoln My Commission Expires June 27, 2014 r..'^y�r^'cJ�Frialr''h JAMIE DECORA NOTARY PUBLIC My Commission Expires June 27, 201j State of Wyoming v LA 00853