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HomeMy WebLinkAbout972155DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS GREYS RIVER COVE ADDITION, 2 FILING 0241 TO THE TOWN OF ALPINE. LINCOLN COUNTY, WYOMING THIS DECLARATION, made on the day hereinafter set forth by S.A.L.L Enterprises, LLC, hereinafter referred to, as "Declarant the owner of lots 3, 4, 5, 6 and 7 of, Greys River Cove Addition, 2 Filing to the Town of Alpine, County of Lincoln, State of Wyoming, in accordance with the plat filed for record on Sa Li 2.2 i 7 N in Lincoln County, Wyoming as plat No. Ol"12, 4 which shall hereinafter be referred to as the "properties NOW, THEREFORE, Declarant hereby declares that all of the properties described shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the property, and which shall run with the real property and be binding on all parties having any right, title and 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 1: DEFINITIONS 1. "Declarant" shall mean and refer to S.A.L.L. Enterprises, LLC, A Wyoming Limited Liability Company, its heirs, successors and assigns. 2. "Lot" shall mean and refer to any of the plots of land described above and shown upon any recorded subdivision plat of the properties. 3. "Common Services" shall be defined as services for the maintenance and operation of shared Lot 7 including but not limited to parking lot maintenance, snow removal services for access to individual lots, snow storage, installation and maintenance of stormwater control facilities, installation and maintenance of landscaping and installation and maintenance of a common shared marquee multi business sign. 4. "Development" shall be defined as any alteration of the natural land surface and all buildings, structures or other site improvements placed on the land or alterations made to accommodate the use of the lot. 5. "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of a fee simple title to any lot, including contract buyers and owners of a beneficial interest, but excluding those having such interest merely as security for the performance of an obligation. 6. "Association" shall mean GREYS RIVER COVE OWNERS 2nd FILING ASSOCIATION and its successors and assigns, made up of the owners of the cr.Pcific lots listed above. RECEIVED 7/22/2013 at 4:56 PM RECEIVING 972155 BOOK: 815 PAGE: 241 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ARTICLE II: THE ASSOCIATION 1. Association Membership. Every Owner of a lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. 2. Voting Rights. The association shall have one class of voting membership. The members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot. 3. Notice and quorum for any action authorized by the Association. Written notice of any meeting called for the purpose of taking any action authorized shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. Seventy -five per cent of the membership shall constitute a quorum consisting of the presence of the members or of proxies. ARTICLE III: COVENANT FOR MAINTENANCE ASSESSMENTS 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and to pay: (a) Directly to the provider of service or designate who paid the service within 30 days of receipt of said bill. The assessments together with interest up to 1 8% and reasonable attorney fees shall be charged to the land and shall be a continuing lien on the property against which each assessment is made. Each assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the owner of such property at the time the assessment was made. 2. Each owner of lots 3, 4, 5 and 6 shall pay one quarter share of costs associated with Common Services Section 3 as defined in Article I and in accordance with Article III, Section 1, minus any shared cost paid by the owner of Lot 1 of Greys River Cove Addition. ARTICLE IV: DESIGN STANDARDS REQUIREMENTS 1. Lighting. All exterior lighting shall be downcast and comply with Town of Alpine Municipal Code requirements. 2. Stormwater. Each lot owner shall be responsible for accommodating stormwater and snow melt onsite in accordance with standards and requirements established by the Town of Alpine. Stormwater facilities shall be sized to accommodate runoff from the shared parking area on Lot 7. Each owner shall be responsible the construction and maintenance of stormwater facilities on their individual lot. 3. Common Marquee Multi- Business Sign. A single common marquee multi business sign shall be allowed on shared lot 7 within an existing landscape area. The specific size and location of the sign shall be in accordance with Town of Alpine planning regulations. All owners shall share in the use, operation and maintenance of the shared sign. 4. Shared Parking Lot. The shared parking lot located on Lot 7 shall be constructed in accordance with Town of Alpine Standards including a minimum two inch asphalt surface, four inch crushed gravel base and appropriate sub -base material suitable for the site. The Declarant shall be responsible for insuring the completion of the shared parking lot immediately following the sale and development of a third lot (which includes the sale of Lot 1 of the first filing), or sooner, with reasonable allowance for weather conditions and contractor and material availability. The shared parking area shall be designed with appropriate handicap spaces as required by local codes. All owners shall share in the use, operation and maintenance of the shared parking lot. 5. Wheel Stops. The shared parking area shall be designed with appropriate concrete curb and gutter or wheel stops to contain parked vehicle within the pavement area. 6. Fire Hydrants. The Declarant shall be responsible for the installation of an additional fire hydrant (or hydrants) as required by the local fire authority for the Town of Alpine. The Declarant shall insure that the additional hydrant (or hydrants) shall be installed immediately following the sale and development of a third lot (which includes the sale of Lot 1 of the first filing), or sooner, with reasonable allowance for weather conditions and contractor and material availability. 7. Landscaping. Each lot owner shall be responsible for complying with Town of Alpine landscaping requirements and shall share as described in Article III in the installation and maintenance of landscaping on shared Lot 7. ARTICLE V: USES; RESTRICTIONS 1. Each lot is zoned commercial and may be used for purposes and uses as identified in the Alpine Municipal Code. 2. Each lot shall have a designated loading area on the rear side of the lot which shall be shown on the development plan for the property. Delivery access shall not be allowed from Greys River Road. Each lot owner shall be responsible for insuring that delivery trucks do not at any time block access along public rights of way. 0243 ARTICLE VI: GENERAL PROVISIONS 1. Amendment and Variance. Covenants may be amended by written consent of 75% of lot owners of the properties in accordance with voting rights provisions of Article II, Section 2. Such amendments shall be duly executed and placed on record in the Office of the County Clerk, Lincoln County, WY. Any regulations regarding exterior lighting, stormwater management, common marquee sign or shared parking CANNOT BE CHANGED WITHOUT APPROVAL of the Town and cannot expire. 2. Duration of Covenants. All of the covenants, conditions, and restrictions set forth herein shall continue and remain in full force and effect at all times against the properties and the owners and purchasers of any portion thereof, subject to the right of amendment. Said Covenants and Conditions and Restrictions to remain in full force and effect for twenty (20) years and shall automatically be renewed for an additional twenty (20) year period unless a majority of the lot owners of the properties object to these covenants in writing. Any regulations regarding exterior lighting, stormwater management, common marquee sign or shared parking CANNOT BE CHANGED WITHOUT APPROVAL of the County and cannot expire. 3. Acceptance of Covenants. Every owner or purchaser of a lot within the properties shall be bound by and subject to all of the provisions of this Declaration, and every lot owner or purchaser through his or her purchase or ownership expressly accepts and consents to the operation and enforcement of all of the provisions of the Declaration. 4. Assignment of Powers. Any and all of the rights and powers vested in the Declarant pursuant to the Greys River Cove Addition 2 Filing Covenants may be delegated, transferred, assigned, conveyed or released by the Declarant to the Association, and the Association shall accept the same, effective upon the recording by the Declarant of a notice of such delegation, transfer, assignment, conveyance or release. 0244 0245 IN WITNESS WHEREOF, Declarant has executed the Declaration effective the day of July, 2013. SA.LL. Enterprises, LLC A Wyoming Limited Liability Company STATE OF WYOMING SS. COUNTY OF LINCOLN Witness my hand and official seal. PAMELA r POSTO NOTARY PUBLIC County of Lincoln State of Wyoming My Commle4ion Expires February 3, 2015 i a Stone, anaging Mem er of S.A.L.L. Enterprises, LLC My commission expires: 6. e6./Atex 3 dcY,r The foregoing instrument was acknowledged before me by yo i O as ,/L- �71of S.A.L.L. Enterprises, LLC this J day of July, 2013. Notary Public