HomeMy WebLinkAbout976668RESOLUTIONS OF THE ARCHITECTURAL COMMITTEE
OF
TRAIL RIDGE PROPERTY OWNERS ASSOCIATION
The undersigned members of the Architectural Committee of the Trail
Ridge Property Owners Association hereby adopt the following
resolution:
RECITALS
A. John and Molly Treasure, the owners of Lot 59 of Trail Ridge
Subdivision, have requested a variance from the First Amended Declaration Of
Covenants, Conditions And Restrictions Of Trail Ridge Subdivision (CCRs) for
a playset /zip line previously erected by them on their property.
B. The zip line is located within the 30' foot setback for improvements and
structures. The playset /zip line is considered a "structure" under paragraph
10 of Article I of the CCRs which defines the same as "anything built or placed
on the ground, excluding fences The playset /zip line structure requires
written approval from the Architectural/ site Committee per Paragraph 2a of
Article VII of the CCRs.
C. Section 8 a of Article IX of the CC &Rs provides that "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."
D. Approval of the variance will not be materially detrimental or injurious
to other property or improvements in the neighborhood.
NOW, THEREFORE BE IT RESOLVED that a variance for the playset /zip
line structure and its related improvements already installed by John and Mary ,4(
Treasure are hereby approved subject to the following condition, namely;
1. The owners may not increase the playset/ zip line structure and
its related improvements without written permission form the
Architectural Committee.
2. The owners sign the Indemnity Agreement attached hereto.
BE IT FURTHER RESOLVED that in the event there is later a violation of the
condition immediately set forth above, the playset /zip line structure and
976668 5/16/2014 11:43 AM
LINCOLN COUNTY FEES: $18.00 PAGE 1 OF 3
BOOK: 832 PAGE: 592 RESOLUTION
JEANNE WAGNER LINCOLN COUNTY CLERK
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Improvements must be immediately removed and dismantled as the same
does not comply with the CCR's; and
BE IT FURTHER RESOLVED that this variance shall automatically
expire and the playset/zip line structure and improvements must be removed
upon any sale or transfer of Lot 59, except a transfer to a family trust, LLC,
corporation, or limited partnership owned by John and Molly Treasure.
Dated this 1 3 day of.Jary, 2014.
STATE OF WYOMING
County of Lincoln
My Commission expires: 6,4 O /,a
Don Hawkes, President
s s.
The foregoing instrument was acknowledged before me this /3 day of
Fedo -January; 2014 by Don Hawkes, President of the Trail Ridge Property
Owners Association, a Wyoming corporation, on behalf of the corporation.
He is personally known to me or has produced 'a valid driver's license as
identification.
Notary Public
n Treasure
STATE OF IDAHO
ss.
County of Bonneville
identification. e `e NG 4.
My Commission expires:
I
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INDEMNITY AGREEMENT
77
This Indemnity Agreement is made this day of March, 2014, by John Treasure and Molly
Treasure (Treasure) for the benefit of Trail Ridge Property Owner's Association, a Wyoming non profit
corporation (HOA).
WHEREAS, Treasure is the owner of Lot 59 of Trail Ridge Subdivision in Lincoln County,
Wyoming upon which they have constructed a play set /zipline Located within the 30' setback area; and
WHEREAS, the HOA is willing to grant a variance for the continued location and use of the play
set /zipline on Lot 59 provided amongst other things that Treasure execute this indemnity instrument;
NOW THEREFORE in consideration of granting Treasure a variance for the continued location
and use of the play sett /ziplirie; Treasure will Indemnify and defend I and its Board members from
any and all injuries, damages, claims, actions or lawsuits made against HOA and its Board members
which claim, action, or suit arises from the use by anyone of the play set /zipline, whether such use is
authorized or not by Treasure. Additionally this indemnity shall include any lawsuit or other action
brought against the HOA and /or Board for granting this variance. This indemnity will include the costs
and expenses including reasonable attorney fees in defending any such actions or lawsuits, and
reimbursement for any and all damages suffered by HOA and its Board members. Treasure waives all
claims against HOA for damages caused by other persons to the play set /zipline.
Molly Treas
The foregoing instrument was acknowled before me isay of March, 2014 by John Treasure and
Molly Treasure. They are personally know to me or h. e produced a valid driver's license as
Nota
Public