Loading...
HomeMy WebLinkAbout877577 DECLARATION OF COVtE;~-~NT~'~O-ND[T[ONS AND RESTRICTIONS 'FOR' RIVERVI W ' OW o ES WEST Tills DECLARATION, made on the date hereinafter set forth by J & S INVESTMENTS COMPANY, INC., a Wyoming corporation located in Alton, Wyoming, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Lincoln, State of Wyoming, described as: Lot 108 of the Riverview Meadows 4th Addition to the Town of Alpine as shown on the plat of record in the Office of the County Clerk, Lincoln County, Wyoming, within the SE1/4 of Section 30, Township 37 North, Range 118 West, Lincoln County, Wyoming. NOW THEREFORE, Declarant hereby declares that the property described above (hereafter referred to as the "Properties") shall be held, conveyed, leased, used, improved, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of the Properties and all townhomes located upon them, and the creation of a tranquil and satisfying community of compatible ases which results in a high level of stability and harmonious relationships among its residents. These covenants 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 insure to the benefit of each owner thereof. ARTICLE I - DEFINITIONS Section 1. "Association" shall mean and refer to R1VERVIEW TOWNHOMES WEST ASSOCIATION, its successors and assigns. Section 2. "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 or situated upon the .Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVlEW TOWNHOMES WEST Page 1 of 11 Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "General Common Area" or "Common Area" shall mean all real property (including the improvements thereto and common utilities located therein) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as all that area shown on the subdivision plat oftheProperties. Section 5. "Limifed Common Area" means those portions of the Common Area which are limited to and reserved for the exclusive use of one or more Owners but fewer than all of the Owners, which shall include, but may not be limited to, garages, parking spaces, porches, deck/patio areas, stairways, walkways, storage facilities, carports, yard areas,,0r other elements which are identified on the plat with the same identifying number or other des}gnation by which the Lot is identified. Section 6. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception, of the Common Area. It may also be referred to as a "Unit" on said plat. Section 7. "Declarant" shall mean and refer to J & S INVESTMENTS COMPANY, 1NC., and its successors and assigns if such successors or assigns should acquire more than an undeveloped Lot from the Declarant. Section 8. "Member" shall mean and refer to members of the Association. Section 9. "Bylaws" shall mean and refer to the Bylaws of the Association. Section 10. "Rules and Regulations" shall mean those rules and regulations adopted by the initial board of directors of the Association at its organizational meeting and modified from time to time. ARTICLE II - PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area, 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 dedicate or transfer all or part of the Common Area tc~ any public agency, authority, or utility for such purpos'es and subject to such conditions as may be agreed to by the Association and the Declarant; (b) The right of individual Owners to the exclusive use of garages, parking spaces, porches, deck/patio areas, and yard areas, as provided in this Article; DECLARATION OF COVENANTS~ CONDITIONS AND RESTRICTIONS FOR RIVERV1EW TOWNHOMES WEST Page 2 of 11 (c) No business or profession of any nature shall be conducted on any Lot and no building or structure shall be intended for or adapted to business or professional purposes; provided however, that these prohibitions shall not preclude cultural activities in the home, such as painting, sculpting, writing, music, arts and crafts work, and similar cultural activities, even if such activities may bring remuneration to the person or persons participating therein; provided that such use is permitted by all necessary governmental authorities and does not create a nuisance to adjoining Lot Owners. (d) The Bylaws of the Association and rules and regulations promulgated by its Board of Directors. Section 2. Delegation of Use. Any Owner may delegate, in accordmme with the Bylaws, lfis/her right of enjoyment to the Common Area and facilities to the members of his/her family, his/her tenants, or contract purchasers who reside on the Properly. Section 3. Parking Rights. Ownership of each Lot shall entitle the Owner or Owners thereof to the exclusive use of certain parking stalls or parking spaces. Declarant has permanently assigned parking areas to each Lot according to the designations shown on the plat for the Properties..The Association may assign such additional parking spaces as are determined by the Board. Section 4. Limited Common Areas. If so provided in the plat, ownership of a Lot may entitle the Owner or Owners thereof to the exclusive right to landscape and beautify, including the right of ingress and egress thereon, of the Limited Common Area which may be permanently assigned to a Lot by the Declarant or the Association. ARTICLE HI - MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot, which is subject to assessment, 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. Section 2. The Association shall have two classes of voting membership. Class A. Class A membership shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) 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 shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. Class B membership shall be the Declarant, and ~shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 3 of 11 (a) When the total xi0tes outstanding in the Class A membership equal the total votes outstanding in the Clas~ B membership; or (b) On December 31, 2002. ARTICLE IV - COVENANT FOR MAINTENANCE ASSESSMENTS Section 1.. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants (and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree) to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, and (3) all monetary fines assessed by the Board of Directors; such assessments or fines to be established and collected as hereina~er provided. The annual and special assessments, together with interest, costs, fines, and reaspnable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such 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 when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his/her successors in title unless expressly assumed by them. Section 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 in the Properties, for the improvement and maintenance of the Common Area, including lawn maintenance of both Limited and General Common Areas, and snow removal and maintenance of all Association property as well as the exteriors of the buildings situated upon the Properties, and may include insurance on any Common or Limited Common Areas, Association property, and its officers, directors, and employees, as well as the Unit or Lots. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall not exceed One Thousand One Hundred Forty Dollars $1,140.00 per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual regular assessment may be increased each year not more than 20% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 20% by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this pi~rpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 4 of 11 Section 4. ~pecial Assessments for Cap_it_~.a.! Improvements._ In addition to the annual assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for tile purpose of defraying, ill whole or in part, the cost of any construction, repair, or replacement of a capital improvement Upon the Common Area, including fixtures and personal property related thereto; Err)videO t_ha_!t any such assessment shall have the assent of two4hirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Ouomm for An_y Action Authorized _U__n_d.er Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under section 3 or 4 shall be sent to all Members not less than fifteen (15) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the votes of each class ~f,l, membership shall constitute a quorum If the required quorum is not present, another meeting may be called subject to tile same notice requirement, and ,the required quorum at the subsequent meeting shall be one-half 0A) the required quorum at the preceding meeting. No such subsequent meeting ~hall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at. a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annua.! A_s~sess_me---n-nt_s; Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors 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 of Directors. 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. Section fi. Effect of Nonpayment of Assessments: Remedies of the Association. All assessments are annual assessments; however, the Association may provide fbr collection of the same in monthly, quarterly, or semi-annual installments. Notwithstanding tile foregoing, upon defmdt in the payment of any one or more instalhnents of the annual or any special assessment, the entire balance of said annual assessment may be accelerated at the option of the Association and be declared due and payable in full, immediately. Any assessment or fine not paid within thirty (30) days after the due date (including the entire annual assessment, if payment is acce?erhfed as provided for herein) shall bear interest fi'om the due date at tile rate often percent (110%) 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. No Owner may waive or otherwise escape liability for the assessments provided lbr herein by non-use of tile Common Area or abandonment of his/her Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 5 of l 1 Section 9. Subordination of the Lien to. Mortgages. The lien of the assessment and fines provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from lihbility for any assessments thereafter becoming due or from the lien thereof. ARTICLE V - ARCHITECTURAL CONTROI~ No building, fence, wall, or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to har, mony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VI - PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 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. Section 3. Destruction by Fire or 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 thereto 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 law regarding liability for negligent or willful acts or omissions. 'Section 4. Weatherproofing: Notwithstanding any other Provisions of this' Article, an Owner who, by his negligent or willful act causes the party' wall to b'e exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 6 of 11 Section 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. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and these two shall choose a third, and the decision shall be by a majority of all of the arbitrators. ARTICLE VII - EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall, primarily for purposes of maintaining the appearance of the building improvements,.~ provide exterior maintenance upon each Lot which is subject to assessment hereunder, as foltpws: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass (including Limited Common Areas), walks, and other exterior improvements. Such exterior maintenance shall not include glass surfaces or foundations. Provided however, that the Association shall not be required to-provide any maintenance to structures located within any fenced Limited Common Area. Notwithstanding the fact that the Association is not required to do so, the Association may, at its election, provide said maintenance subject to the provisions contained herein. Any utility service or other types of elements which are utilized in common, such as, but not limited to, sewer or water lines, shall be maintained, repaired and replaced, as needed, by the Association. In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his/her family, guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. Notwithstanding anything herein contained to the contrary, each Lot Owner shall have the responsibility to maintain, repair and keep a clean, safe and sanitary condition, at such Lot Owner's expense, all portion of the Owner's Lot and utility services just that Lot. The Lot Owner shall also keep clean and in a safe and sanitary condition all Limited Common Areas assigned to the Lot. ARTICLE VHI - GENERAL PROVISIONS Section 1. Limitation to Residential Use. Lots shall be used only for single-family residential purposes by an Owner or his lessees. The term "family" shall mean one or more persong related by blood, adoption, or marriage living together as a single housekeeping unit. Two unrelated adults (and any number of children of either of them), shall also be deemed a family for purposes of these covenants. Notwithstanding this provision, Owners and lessees may have house guests provided they do not occupy the premises for more than thirty (30) days. In no event may any Owner or lessee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERV[EW TOWNHOMES WEST Page 7 of 11 (b) After five (5) years from the date of this instrument, additional residential property and common area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of Member. (c) As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, dedication of common area, and amendment of this Declaration of Covenants, Conditions and Restricti6ns. ARTICLE IX - MORTGAGEE PROTECTIVE PROVISIONS Section 1. Mortgagee. The term "Mortgagee" shall mean the holder and owner of a mortgage and shall include a beneficiary under a deed of trust, as well as any,insurer, re-insurer, or guarantor of the mortgage, such as but not limited to FHA, VA, FNMa, ,.or FHLMC. The term "eligible holder, insurer or guarantor" shall mean a mortgagee who has requested notice, in accordance with later provisions hereof. Section 2. Roster. The Board of Directors shall maintain a roster of Lot Owners, including their mailing addresses, and, if the Board has been given sufficient information by Lot Owners or their mortgagees, it shall maintain another roster which shall contain the name and address of each mortgagee of a Lot. Section 3. Relief from Lien. A mortgagee of any Lot who ~comes into possession of a Lot pursuant to the remedies provided in the mortgage, foreclosure of mortgage, or deed (or assignment) in lieu of foreclosure, shall take the property free of any claims for unpaid assessment or charges against the mortgaged Lot which occurred prior to the time such mortgagee comes into possession of the Lot and the sale or transfer of a Lot pursuant to a foreclosure of a first mortgage shall extinguish a subordinate lien for Association assessments and charges which became payable prior to such sale or transferi' Section 4. Insurance Coverage. The following provisions shall apply regarding insurance requirements: (a) Policy Coverage - The Board shall secure and maintain in effect a policy of fire and extended coverage insurance in an amount equal to the fi~ll replacement value (i.e., 1.00% of the current "replacement c6st" exclusive of land, excavation, and other items normally excluded from coverage) of Common Area improvements situated in the development, including all buildings, service equipment, etc. (b) Location of Policies - The Association shall retain the original or conformed copies bf all insurance policies specified herein in a place of safe keeping, such as a safe or safety deposit box, and shall provide copies of such policies to mortgagees requesting such copies. DECLARATION OF cOVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 9 of 11 :: , permit any dwelling to be occupied on a regular basis by persons failing to meet the definition of "family" stated above. It is the intention of this clause to maintain a single-family residential atmosphere and these provisions shall be interpreted in light of such intention. Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and cha~ges now or hereafter imposed by the provisions of this Declaration, the Bylaws, or the Rules and Regulations. Failure by the Association or by Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 3. Severabil'it~. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. ,~ Section 4. Amendment. Subject to the requirements contained within the mortgagee protective provisions, the covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by Owners representing not less than ninety percent (90%) of the units, and thereafter, by an instrument signed by Owners representing not less than seventy-five percent (75%) of the units. Any amendment must be recorded. Section 5. Indemnification. The Declarant, the Board of Directors, officers, or members of any committee, shall not be liable to any party for any action or inaction with respects to any provision of these Covenants, the Articles, or Bylaws of the Association, provided such individuals acted in good faith. All such individuals shall be indemnified and held harmless by the Lot Owners from liability, damages, and expense, including reasonable attorney's fees, .for any decision or action or inaction they may have taken while within the scope and course of their duties. Section 6. Agency Approval. Notwithstanding anything herein contained to the contrary, the provisions contained within the Articles of Incorporation iegarding approval by certain agencies for certain actions shall govern in all cases. Section 7_. Annexation. (a) Additional land within Lot 106 may be annexed by the Declarant into this Declaration and the Association with the consent of Members within five (5) years of the date of this instrument by recording with the Lincoln County Clerk a Supplementary Declaration describing the property so annexed; provided that the annexation is in accord with a general plan established by Declarant that does not exceed 30 townhomes. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVER~IEW TOWNHOMiES WEST Page 8 of 11 (c) Mortgagee's Ability to Place Coverage - All first mortgagees of any Lots may, jointly or singly, pay any overdue premiums on the aforesaid hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Area improvements, and such first mortgagees making such payment shall be owed immediate reimbursement therefor from the Association. The Board shall take appropriate action to assure such immediate payment and shall provide all necessary parties with an original or certified copy of this provision as evidence of the obligation of the Association to make such reimbursement. (d) Priority Rights and Insurance Proceeds or Condemnation Awards - The Association agrees, and the Board shall require, that all insurance policies shall provide that no Lot Owner or any other party shall have priority over the rights of the mortgagees in the case of distribution of insurance proceeds or condemnation awards for loss to or the taking of the Common Area or the Association's improvements located thereon. Section 5: Management Requirements. (a) Reserve Fund - The Association agrees that the uniform regular assessments or charges assessed on the Owners shall be sufficient to provide an adequate reserve fund for the maintenance, repair, and 'replacement of those elements of the Common Area that must be replaced, maintained or repaired on a periodic basis. (b) Other Contracts - The Association and Declarant agree that any agreement for professional management of the Properties or any other contraCt providing for the services of the Declarant, the developer, sponsor, or builder, may not exceed three (3) years. Any such agreement shall provide for termination by either party without cause and without payment of a termination fee upon ninety (90) days or less written notice. Section 6. Notices. The Association agrees that a first mortgagor, upon request, is entitled to and shall receive-a writ{en notification from the Association of any default in the performance by an individual Lot Owner/borrower of any obligation under the development's constituent documents, which is not cured within sixty (60) days. The Association further warrants that a request for such notification is deemed to have been made and that all first mortgagors on Lots known to the Association will be provided with the aforestated notice. Section 7. Amendments. Notwithstanding anything herein contained to the contrary, the Declarant, by its own actions, shall have the right to amend this agreement during a two (2) year period commencing on the date of recording of the Declaration solely in order to comply with the rules or requirements of any governmental or quasi-governmental body or any institution holding or insuring or re-insuring a security interest in any portion of the said Properties; provided that such amendment shall not modify, waive, or adversely affect any of the rights of mortgagees hereunder, and subject to the written consent of FHA/VA, FHLMC, or FNMA. Section 8. Enforcement. This agreement may be relied upon and enforced by FHA/VA, FHLMC, or FNMA and any lending institution or mortgagor financing any Lot' in the aforesaid development or insuring or purchasing any mortgage of such Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNltOMES WEST Page 10 of 11 ARTICLE X - LOTS SUBJECT TO DECLARATION BYLAWS~ RULES~ AND REGULATIONS All present and future Lot Owners, tenants, mortgagees, and occupants of Lots, where applicable, shall be subject to and shall comply with the provisions of this Declaration and the Bylaws as they may be amended from time to time, and to any Rules and Regulations which may be adopted by the Associationl The acceptance of' a deed or conveyance or the entering into of' a lease or the entering into occupancy of a LOt shall constitute agreement that the provisions of' these Declarations, Bylaws, and Rules and Regulations which may be adopted by the Association and as they may be amended or supplemented kom time to time, are accepted and ratified by such Lot Owner, tenant, occupant, or mortgagee; and all of such provisions shall be deemed and taken to be covenants running 'with the land and shall bind any person having at any time any interest or estate in such Lot as though such provisions were recit~ and stipulated at length in each and every deed or conveyance or lease thereof. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this instrument to be executed this ql~¥ day of November, 2001. J & S INVESTMENTS COMPANY, INC. PHILLIP J(~RGI~SEN SECRETARY STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) On this _oq.l~~ day of November, 2001, before me personally appeared Ted Jorgensen, to me personally known, who, being first duly sworn, did say that he/she is the President of J & S Investments Company, Inc.; and that this instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and said President acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and seal the date first above written. My Commission expires: ~-~1-~O ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR RIVERVIEW TOWNHOMES WEST Page 11 ofll