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HomeMy WebLinkAbout973180DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION applies to Rainbow Meadows Phase Two and future developed phases and lots. THIS DECLARATION made on the date hereinafter set forth by Rainbow Meadows Phase Two and future phases, Owner, herein after referred to as "Declarant WITNESSETH: WHEREAS, Declarant is the owner of certain property in the area of Lincoln County, State of Wyoming, described as Rainbow Meadows Phase Two and future phases, hereinafter referred to as "the property." WHEREAS, it is the desire and intention of the Declarant to sell the property described above and impose upon it mutual beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said lands and the present and future owner of those lands; and WHEREAS, Declarant will convey the said property, subject to certain protective covenants, conditions, restrictions, reservations, easements, liens and charges as hereinafter set forth. WHEREAS, this Declaration of Covenants, Conditions and Restrictions shall replace any previous Declarations of Covenants, Conditions and Restrictions placed on Rainbow Meadows Phase Two and future phases and lots of the Rainbow Meadows Master plan. NOW, THEREFORE, Declarant hereby declares that all the property shall be held, sold, conveyed, encumbered, leased, used, occupied, and improved subject to the following easements, restrictions, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability, or attractiveness of the real property and every part thereof. These easements, covenants, restrictions, and conditions, shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of all the lands in said tract and the future owners of RECEIVED 9/10/2013 at 11:30 AM RECEIVING 973180 BOOK: 820 PAGE: 61 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Page 1 of 19 0061 those lands. Together with and subject to Plat, all easements, restrictions, right of way and improvements of sight and or record. ARTICLE-DEFINITIONS 1. "Association" shall mean and refer to the Rainbow Meadows Phase Two and future phase Property Owners Association and its successors and assigns. 2. "Board" shall mean the board of Directors of the Association established to administer and enforce the terms and conditions of this Declaration asset forth herein. 3. "Common Areas" shall mean the roadways within the Property which provide access to the individual Lot Lines as designated on the Plat. 4. "Common Services" shall mean the maintenance and any snow removal services for the Common Areas, and the utility line maintenance and repair services, if any, for utility lines located in the rights-of-way of such roads. 5. "Declarant" shall mean and refer to Alan L. Motzkus and Sharan Motzkus 6. "Lot" shall mean and refer to any of the single family residential plots of land described above and shown upon that certain recorded subdivision plat of the Property filed by the Declarant in the Office of Lincoln County Clerk. 7. "Owner" shall mean and refer to the record 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. 8. "Principal Residence" shall mean the single family residential Structure, constructed on any Lot of the property, which is the principal use of such Lot, and to which the other authorized Structures on such Lot are accessory. 9. "Property" shall mean and refer to that certain real property known as the subdivision Rainbow Meadow Phase Two and future developed phases and Lots, in accordance with that plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 10. "Structure" shall mean anything built or placed on the ground, excluding fences. ARTICLE II— PROPERTY RIGHTS Page 2 of 19 0062 1. Owner's Easements of Enjoyment Every owner shall have the right and easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to charge reasonable assessments for the use and maintenance of the Common Areas as hereinafter set forth. b. The right of Association to establish rules and regulations, including speed limits, for the use of the Common Roads and to impose reasonable sanctions for the violations of the published rules and regulations. c. The right of Declarant and their heirs, successors, assigns and invitees to use of Common Areas in perpetuity. 2. Delegation of the Association of Use. Any Owner may delegate his right of enjoyment to Common Areas only to the members of his family, his tenants, or contract purchasers who reside on the Property. ARTICLE III--ASSOCIATION MEMBERSHIP AND VOTING RIGHTS 1. Association Membership. Declarant shall have all of the rights, powers and authority of the Association until the Lot Owners have formally established the Association, either as a corporation, unincorporated association or other legal entity of their choosing. The Lot Owners shall establish the Association when 11 of the Lots have been sold by Declarant or when Declarant requires, whichever occurs first. Every Lot Owner shall be a member of the Association. For purposes of voting and meetings of the members, there shall be one vote for each Lot. Membership shall be appurtenant to and may not be separated from ownership of any lot that is subject to assessment. 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 Board of Directors as provided in this Declaration, its organizational documents and bylaws "governing documents All Agreements and determinations with respect to the Property lawfully made or entered into by the Board of Directors shall be binding upon all of the Owners and their successors and assigns. 3. Board of Directors of the Association. The Board of Directors (the "Board of the Association shall consist of three (3) members, or such additional number as may be approved by the members in accordance with its governing documents. The term of a member shall be three (3) years, except that the terms of the members of the initial Board shall be one, two, and three years. Page 3 of 19 0063 Thereafter, all members shall serve for a term of three (3) years. The Board shall be elected by a majority vote of the members of the Association. All Board members shall be an owner or an officer, partner, shareholder or member of an owner. Until 11 of the Lots have been sold and title transferred to new Owners, the Declarant reserves the right to appoint and remove all members of the Board and /or to exercise the powers and responsibilities otherwise assigned by this Declaration to the Association. By express written declaration, Declarant shall have the option, at any time, to turn over to the Association the total responsibility for electing and removing members of the Board. 4. Authority and Duties. The duties and obligations of the Board and rules governing the conduct of the Association shall be set forth in the governing documents as they may be amended from time to time. 5. Limited Liability of Board Director, etc., Including Declarant. Members of the Board, including Declarant, and their officers, assistant officers, agents and employees acting in good faith on behalf of the Association: a. Shall not be liable to the Owners as a result of their activities as such for any mistakes of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; b. 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; c. Shall have no personal liability in tort to any Owner or any person or entity, except for their own willful misconduct or bad faith; d. 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. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot (with the exception of unsold Lots owned by Declarant but including any Lot owned by Declarant on which Declarant has constructed their own residence) by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to have consented to be subject to these covenants and agrees to pay the Association: a. Annual assessment or charges; and Page 4 of 19 0 064 b. Special assessments for capital improvements, such as assessments to be established and collected as hereinafter provided; c. Snow removal; d. Any other fees or charges authorized herein. A general, continuing lien is hereby imposed on each Lot in the Subdivision for the payment of annual and special assessments imposed on Lots according to this Declaration. In connection with that general lien, all of the annual and special assessments, together with interest, costs and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon all those lots on which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees shall also be the personal obligation of the entity or person who was the Owner of such Property at the time when the assessment fell due. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Property and for the improvement and maintenance of the Common Areas, to include road maintenance, Association employees' wages, mailing costs, and other related expenses incurred on behalf of the Association. 3. Annual Budget. The Board shall prepare an annual budget estimate for Common Services and administration of the Association and fix the amount of the annual assessment based on its estimate. Such annual budget shall be prepared and approved by the Board at least thirty (30) days in advance of each annual assessment period. 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement or a capital improvement including the Common Areas and shared access road, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of at least seventy-five percent (75 of the members who are voting in person or by proxy at a meeting duly called for this purpose. 5. Notice and Quorum for Any Action Authorized under Sections 3 and 4. Written notices of any meetings called for the purpose of taking any action authorized under Sections 3 or 4 of this article shall be sent to all members not less than thirty (30) days in advance of the meeting, at the first such meeting called, the Page 5 of 19 0065 Page 6 of 19 presence of members or of proxies entitles to cast sixty percent (60 of all the votes of the membership shall constitute a quorum. If the required quorum is not present another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 6. Uniform Rate of Assessment. Both the annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other periodic basis as determined by the Board. Lots owned by the Declarant shall not be assessed or required to pay assessments of any kind However, any lot owned by Declarant on which Declarant has constructed their own residence shall be included in such assessments. 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots subject to assessment on the first day of the month following the conveyance of the first Lot. The first annual assessment for lots purchased thereafter shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. 8. Effect of Non-Pavment of Assessments: Remedies of the Association. Any assessment not paid within (30) days after the due date shall bear interest at the rate of fifteen percent (15 per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Property in the same manner as real estate mortgages with power of sale are foreclosed in Wyoming. No owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Areas or abandonment of his Lot. 9. Priority of the Assessment Lien. Sale or transfer or any Lot or the recording of any mortgage or other lien against any Lot shall not affect the priority of the assessment lien. 0666 ARTICLE V- ARCHITECTURAL STANDARDS 1. Architecturallsite Committee; Organization. There shall be a Architectural/site Committee consisting of the Board as soon as the Board has been organized and is operating. 2. Initial Architectural/site Committee. The initial Architectural /site Committee shall be Alan L. Motzkus and Sharan Motzkus. They shall have all powers and duties of the Architectural Committee as set forth herein. 3. Architectural/site Committee Duties. No Lot owner shall construct any Structure on a Lot without the prior approval of all plans for such construction by the Architecturallsite Committee. It shall be the duty of the Architecturallsite Committee to consider and act upon such proposals for the plans submitted to it from time to time, to adopt Architectural/site Committee rules pursuant to Section 5 of this Article, and to perform such other duties from time to time delegated to it by the Association. 4. Architecturallsite Committee: Meetings: Action: Expenses. The Architecturallsite Committee shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written consent of a majority of its members shall constitute an act by the Architecturallsite Committee unless the unanimous decision of its members is otherwise required by this Declaration. The Architecturallsite Committee shall keep and maintain a record of all action from time to time taken by the Architectural/site Committee at such meetings or otherwise. Unless authorized by the Association, the members of the Architectural/site Committee shall not receive any compensation for services rendered. All members shall be entitled to reimbursement for reasonable expenses incurred by them in connection with the performance of any Architecturallsite Committee function. 5. Architectural/site Committee Rules. The Architectural /site Committee may, from time to time, and in its sole discretion, adopt, amend, and repeal by unanimous vote, rules and regulations, to be known as "Architectural /site Committee Rules A copy of the Architectural /site Committee rules, as they may from time to time be adopted amended or repealed, and certified by any member of the Architectural /site Committee, shall have the same force and effect as if they were part of the Declaration. The Architectural /site Committee may record the same if deemed necessary. Page 7of19 O(67 6. Non-Waiver. The approval by the Architectural/site Committee of any plans, drawings or specifications for any work done or proposed or in connection with any other matter requiring the approval of the Architectural/site Committee under the Covenants, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar plan, drawing, specification or matter whenever subsequently or additionally submitted for approval. 7. Liability. Neither the Initial Architectural Committee, Architectural/site Committee nor any member thereof shall be liable to the Association or to any Owner or project committee for any damage, loss or prejudice suffered or claimed on account of (a) the approval of any plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development, or manner of development, of any property within the Property, or (d) the execution and filing of a certificate pursuant to Section 7 above, of this Article, whether or not the facts therein are correct; provided, however, that such member has, with the actual knowledge possessed by him, acted in good faith. ARTICLE VI-DESIGN STANDARDS 1. General Standards. The following standards and restrictions are applicable to the construction, remodeling, alteration and exterior refinishing of any and all Structures and improvements and site preparation upon each Lot. 2. Uniform Codes. All structures or improvements shall be erected in accordance with the current edition of the following uniform codes: a. Uniform Building Code; b. International Conference of Building Officials; c. National Plumbing Code; d. National Electrical Code; and e. National Fire Protective Association International. 3. Design Character. All Buildings shall be constructed in character with each other specifically by using complementary exterior roofing, building material and coloring on each building on the properties. All buildings will be painted or faced in colors that blend into the natural environment and landscape of the area. Page 8 of 19 0168 a. Exterior Materials will be of rough sawed natural wood, peeled log, stone, brick, or similar rough textured natural material. No aluminum siding, metal siding, vinyl siding, or cinder blocks shall be used as exterior material without written approval. Roof materials shall be cedar shake or shingle, slate, or ribbed metal or metal single roofing with a non-reflective flat color finish. b. All Buildings must comply with either the current editions of the Uniform Building code, the National Plumbing Code, and the National Electrical Code, or, if applicable, state of Wyoming, and/or Lincoln County Building and Safety Codes. c. Exterior Colors shall be earth tones or such other colors as are approved by the Architectural/site Committee. 4. Building Design. The design of all buildings is subject to the following: a. No structures or improvements shall be constructed on the properties other than one (1) single family dwelling to be occupied by the owner, his lessee, guests and servants, garage(s), a guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment or supplies, and barn(s) to be used to house animals. All improvements shall be of new, permanent construction using good quality workmanship and materials. b. The minimum floor area of any single family residence shall not be less than 1,200 square feet as measured by the exterior building dimensions on the ground floor, exclusive of the garage, carport, or unenclosed porches or decks. All residences must also include an attached garage large enough for at least two automobiles. c. The minimum floor area of any single family residence in a one level or two level modular house shall not be less than twelve hundred (1,200) square feet as measured by the exterior building dimensions on the ground floor, exclusive of the garage, carport, or unenclosed porches or decks. All residences shall be. placed upon a permanent foundation and shall be new or no more than five (5) years old. d. No structure shall be erected, altered, placed, or permitted to remain on the property which shall exceed two (2) stories in height. This shall not include a walkout basement or underground garage. Roofs shall have a minimum pitch of four feet in twelve feet. All primary roofs shall have a minimum overhang of two feet. Solar collectors shall not be considered roofs. No unpainted metal roofs shall be allowed. e. Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a Page 9 of 19 0069 matter which causes objectionable glare to any neighboring resident. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. f. Setbacks shall not be less than twenty (20) feet from any side, front or rear boundary line without prior Architectural /site Committee approval. g. The structure of a barn shall be no taller than 30 feet, must have 24 inch wide footing and stem concrete wall of at least 3 feet including footer depth. No silver tin roofs shall be allowed. Pole type structure is acceptable if support poles are of good chemical treat and bedded with gravel at least 3 feet below land grade. Closing doors are required on the barn. All pole structure will be covered with siding approved by the Architectural Committee. All other sheds or loafing structures shall be approved prior to construction, with two sets of plans. All such buildings shall be completed within one year of approval. 5. Site Design. Site Design shall comply with the following requirements: a. Fencing shall comply with the following requirements: no barb wire or chain link fence to be constructed between Subdivision lots. Fences must be of wood, steel panel, vinyl, or log construction. Other fence designs must be approved in writing by the Architectural Committee b. All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a Structure, or shall be installed or constructed underground. c. Sanitary Facilities. Each sewage system is the responsibility of the individual property owner and shall be installed at the expense of the individual property owner and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no privy, outside latrine, or other like facility shall be permitted except during construction of a principal residence in which case it is required by this Declaration to have such a facility. Every Owner shall refrain from causing any water pollution emanating from his Lot. d. Domestic Water Supply is the responsibility of each owner and shall be installed at his expense. All arrangements and facilities providing domestic water shall conform to all laws and standards set by the State of Wyoming, its departments and political subdivisions. Page 10 of 19 0070 6. Construction. The exterior of any structure must be completed within two (2) years after the commencement of any construction. 7. Landscaping. All lot owners shall cause their Lot to be seeded or suitably planted with grass /lawn and decorative shrubbery within two (2) years of commencement of any construction of any structure or improvement on said lot thereon. Lot owners are required to control noxious weeds on Lot, pasture areas, and any land within the easments. If any Lot Owner refuses to maintain his /her Lot in accordance with the terms herein, the Association may have Lots maintained at the Lot Owners expense. Any fees incurred by the Association shall be the responsibility of the Lot Owner and shall constitute a lien on the Lot. ARTICLE VII-LAND CLASSIFICATIONS, USES, AND RESTRICTIVE COVENANTS 1. Land Classifications. All land within the Property has been classified into the following areas: a. Residential; and b. Common Roads 2. General Restrictions. The following general restriction shall apply to all land regardless of classification: a. No building, Structure, sign, fence refinishing or improvement of any kind shall be erected, placed or permitted to remain on any Structure, Lot or tract, and no excavation or other work which in any way alters any Lot from its natural or improved state existing on the date the Lot was first conveyed in fee by Declarant to an Owner shall be erected, placed, done, or permitted to remain on any Structure, Lot or tract until the plans, specifications have been approved in writing and a building permit has been issued by the Architectural/site Committee. Plans for buildings shall include scaled floor plans, exterior elevations indicating height, a list of exterior materials, and a site plan. b. Two copies of any proposed plans and related data shall be furnished to the Architectural /site Committee, one of which may be retained by the Architectural/site Committee shall not constitute a warranty, express or implied, of compliance with any applicable building or safety codes for any other purposes other than the authority for the person submitting the plan to commence construction. Page 11 of 19 0071 3. Residential Area Uses; Restrictions. a. Each residential Lot shall be used exclusively for residential purposes, and no more than one family (including its servants transient guests) shall occupy such residence; provided, however, that nothing in this subparagraph (a) shall be deemed to prevent: i. Construction of guest houses in accordance with this Declaration; ii. Any home-based business that may be approved by the Architectural/site Committee; provided that no clients or customers visit the house as part of the business; iii. The leasing of any lot from time to time by the owner, thereof, subject, however, to all of the restrictions. b. Each lot, and any and all Structures and improvements from time to time located thereon shall be maintained by the Owner thereof in good condition and repair, and in such a manner as not to create a fire hazard, all at such Owner's sole cost and expense. c. There shall be no exterior fires whatsoever except barbecue fires contained within barbecue receptacles, properly constructed permanent outdoor fireplaces, or fire pits. d. No animals of any kind shall be maintained for commercial purpose. i. No pigs or swine; ii. No more than four (4) dogs per residence. If homeowner has visitors, more dogs may be allowed for no more than thirty (30) days. iii. No more than four (4) cats per residence. iv. Pups and kittens to be relocated within ninety (90) days of birth. v. Large livestock (horses, mules, goats, cows, sheep, and llamas) are restricted one head per acre. (This does not mean one head of each type of animal per acre.) If homeowner has visitors, extra animals may be allowed for no more than thirty (30) days. vi. No more than six (6) chickens or ducks per lot. Birds must be contained on homeowner's lot. vii. Homeowners shall practice good pasture management so as not to create a nuisance to the neighborhood. All animals shall at all times be restrained and maintained on Owner's lot so as not to be or become a nuisance or be allowed to run at large. Barking dogs constituting a nuisance shall be confined in a sound restraint enclosure. e. No commercial signs whatsoever shall be erected or maintained upon any lot. A wooden residential identification sign of combined total face Page 12 of 19 0072 area of three (3) square feet or less may be erected. A sign advertising the premises for sale may be erected as needed for such purposes, provided such sign does not exceed a combined total face area of six (6) square feet. f. No noxious, offensive, or noisy activity (disturbance to the peace and tranquility) shall be carried on upon any Lot, nor shall anything be done or placed thereon which may become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to the other Owners in the enjoyment of their Lots. In determining whether there has been a violation of this subparagraph, recognition must be given to the premise that Owners, but virtue of their interest and ownership in the Subdivision, are entitled to the reasonable enjoyment of its natural benefits and surroundings. g. No manufactured house, house trailer, mobile home, shack or similar facility or structure shall be kept, placed, or maintained upon any lot at any time. The term "house trailer," manufactured house," or "mobile home" as used herein includes but is not limited to any building or structure with wheels and/or axels and any vehicle used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed so as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure, or vehicle, whether or not wheels and/or axels have been removed after such building, structure, or vehicle has been placed either temporarily or permanently upon a foundation. However, Owners may keep a motor home, camp trailer, or similar recreational vehicle on a lot as long as the vehicle is currently registered and not used for residential purposes on the lot. h. Each Lot Owner shall be responsible to pay assessments for the snow removal and maintenance costs for the common subdivision roads. The cost shall be divided equally amongst Lot Owners. Brushes, shrubs, weeds and all other vegetation shall be cleared and large trees pruned within the road rights-of-way to improve visibility, with related costs being common costs. Such annual assessments not to exceed $500.00 per Lot (with the exception of unsold Lots owned by Declarant but including any Lot owned by Declarant on which Declarant has constructed their own residence) unless approved in the same manner as required for special assessments for capital improvements. Lots owned by Declarant shall not be assessed. Page 13 of 19 0073 i. No discharge of any firearms in the Subdivision will be allowed. No hunting of wildlife of any sort will be allowed within the confines of the Subdivision. j. No inoperable vehicle shall be kept on the premises for more than thirty (30) days unless parked in an enclosed building. k. All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring property. The costs of commercial trash collection shall be paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind shall be placed or permitted to accumulate on any Lot. No metal including without limitation scrap metal or metal drums shall be kept, stored, or allowed to accumulate on any Lot except in an enclosed structure. 1. Owners shall not obstruct the Common roads. No vehicles of any kind may be parked or left standing in the Common roads. m. Various ditches and laterals which are located in the subdivision convey water across the property. In order to provide for the orderly conveyance and/or use of the water in any of the ditches, laterals, and appurtenant facilities, the Board of Directors of the Association shall appoint a landowner within the subdivision to act as a Water Steward. In the event of the appointee's absence, the President of the Association shall act as the Water Steward. The Water Steward shall work with the lot owners concerning their use of the water and act as spokesman for the lot owners in dealing with other landowners through the ditches and laterals in the Subdivision. Any "disputes" either between lot owners or between lot owners and other property owners outside of the subdivision involving the quantity of water being used, diversion methods or any other matter relating to the use or conveyance of water shall be resolved by the Water Steward as (s)he deems to be in the best interest of all parties, provided any decision shall be consistent with state water law, and the laws of the distribution company (if any), if relevant. Any lot owners eligible to use said water shall be responsible for paying their proportionate share of the costs of maintaining the water system and pipeline, ditch and appurtenant facilities, if any, within and outside of the property. The proportionate amount due from each lot owner using such water shall be billed to the lot owner along with other common service charges for the subdivision. This provision is only applicable to any surface water rights and is not applicable to any well and septic system which each lot owner must drill and build for him or herself. Page 14 of 19 0074 ARTICLE VIII-GENERAL PROVISIONS 1. Lot Splitting; Consolidation. Two or more contiguous Lots within the Property may be combined. Such consolidated Lots may thereafter be treated as one Lot and building site, and as such may be subjected to this Declaration the same as a single Lot except for the purpose of levying and collecting assessments (wherein the Lots shall be treated as the number of Lots present prior to the consolidation). No Lot may be divided or subdivided. 2. Assignment of Powers. Any and all of the rights and powers vested in the Declarant pursuant to this Declaration may at any time 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. 3. Notices; Documents; Delivery. Any notice or other document permitted or required by this Declaration shall be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered three days after a copy of the same has been deposited in the United States mail, postage prepaid, addressed as follows: if to the Association or to the Architectural/site Committee, at such address as the Association may determine and notify all Owners and Declarant in writing upon by its organization, if to an Owner, then at any Lot within the subdivision owned by the Owner; if to the Declarant, at PO Box 4288, Bedford, WY 83112; provided, however, that any such areas may be changed from time to time by an Owner, by the Architectural/site Committee, or by the Declarant by notices in writing, delivered to the Association, if organized, or if not to all Lot Owners, and to Declarant. 4. General Maintenance. The maintenance, alteration, replacement and/or repair of the Common Roads shall be the responsibility of the Association. The Association, as part of its responsibilities, shall maintain, repair and provide for snow removal and maintenance activities on all roadways. The maintenance repair and replacement of all improvements on each Lot shall be the responsibility of the Owner of such Lot. ARTICLE IX-ENFORCEMENT, DURATION AND AMENDMENT 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, Page 15 of 19 75 reservations, liens and charges now or hereafter imposed by the party against whom the action was brought shall pay to the enforcing party all costs thereof including without limitation reasonable attorney fees and costs in addition to any other relief that may be granted. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. Duration of Restrictions. All of the covenants, conditions and restrictions set forth in the Declaration shall continue to remain in full force and effect at all times against the Property and the owners thereof, subject to the right of amendment or modification provided for in this Article, for a term of twenty years, after which time they shall automatically be extended for successive periods of twenty (20) years. 3. Amendment by Lot Owners. This declaration may be amended during the first twenty (20) year period by an instrument in writing signed by not less than ninety percent (90 of the Lot Owners. Any such amendment during the first 20 years must also be approved by the Declarant in writing, so long as Declarant owns at least one lot in the subdivision. After the 20 year period has passed, this declaration may be amended by an instrument in writing signed by not less than seventy-five (75 of the lot Owners. Any such amendment must also be approved by the Declarant in writing so long as Declarant owns at least one lot in the subdivision. Which amendment becomes effective when the instrument is recorded in the office of the County Clerk of Lincoln County, Wyoming. 4. Annexation. Additional residential; property or common area may be annexed to the Property by Declarant at any time, provided only that all of such additional Property and Owners shall be subject to this Declaration. 5. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition or covenant in this declaration set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance and may be abated by Declarant or its successors in interest, or the Association; and such remedies shall be deemed cumulative and not exclusive. 6. Construction and Validity of Restrictions. All of said covenants, conditions and restrictions contained in this Declaration shall be construed together, but if it shall at any time be held that any one of the said conditions, covenants of reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other condition, covenant, or reservation, or any part thereof Page 16 of 19 shall be thereby affected or impaired; and the Declarant, grantor and grantee, their heirs, successors, and assigns, shall be bound by each Article, Section, subsection, paragraph, sentence, clause and phrase of this Declaration irrespective of the fact that any Article, section subsection, paragraph, sentence, clause or phrase be declared invalid or inoperative or for any reason becomes unenforceable. 7. No Waiver. The failure of the Declarant, the Association or its agents and the Owners 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 shall remain in full force and effect. The receipt and acceptance by the Board or its agent of payment of any assessment from an Owner, with the knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver of the Association of any provision hereof shall be deemed to have been made unless expressed in writing and duly signed by or on behalf of the Association. 8. Variances. The Architectural /site Committee, in its sole discretion, may allow reasonable variances and adjustments of the foregoing covenants, conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the covenants contained herein. Any variances or adjustments of these conditions, covenants, and restrictions granted by the said Committee, or any acquiescence or failure to enforce any violations of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. 9. Indemnification of the Board and Architectural/Site Committee: The Association shall indemnify and hold harmless the Board of Directors, Declarant and Architectural /Site Committee with respect to the performance of their duties herein. The costs for which the Association shall be responsible shall include all costs to indemnify and save harmless Declarant, Architectural/Site Committee, the officers and Board of Directors of the Association and agents thereof their successors and assigns, from and against any and all claims, suits, action, damages and /or causes of action arising from any personal injury, loss of life and/or damage to property sustained on or about the property, if any, or any appurtenances thereto or arising out of the installation, operation or maintenance of Common Services from and against all costs, counsel fees, expenses and liabilities incurred in and about any such Page 17 of 19 claim, the investigation thereof or the defense at any levels of any action or proceedings brought thereon, and from and against any orders, judgments and /or decrees which may be entered therein. Included in the foregoing provisions for indemnification are any expenses that Declarant, Architectural/Site Committee, officers and Board of Directors of the Association and agents thereof, their successors and assigns, may be compelled to incur in bringing suit for the purpose of enforcing rights hereunder, or for the purpose of compelling the specific enforcement of the provisions, conditions, covenants and restrictions contained in these Covenants. Further, the costs to the Association of indemnifying the Declarant, Architectural/Site Committee, officer and Board of Directors of the Association shall include all costs and expenses whatsoever incurred in the pursuance of their duties, obligations and functions hereunder and in any legal defense of such actions (including, without limitation, counsel fees and costs at all levels of any trial or proceeding, costs of investigation and discovery, and recovery, etc.). IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed as of the 6 day of September, 2013. ALAN L. MOTZKUS Mt SHARA MOTZKUS Page 18 of 19 00 ?8 STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by ALAN L. MOTZKUS and SHARAN MOTZKUS, this 20 WITNESS my hand and official seal. My Commission Expires: Jt),A,1 1)11 Page 19 of 19 day of S p\a'y f NOTA Y PUBLIC DUSTY ERICKSON NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires July 31, 2017 0() i9