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HomeMy WebLinkAbout976869976869 6/3/2014 3:09 PM LINCOLN COUNTY FEES: $37.00 PAGE 1 OF 9 BOOK: 833 PAGE: 312 CCR'S JEANNE WAGNER LINCOLN COUNTY CLERK 1 1 1II II II DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION, hereafter, "Declaration regulating and controlling the use and development of certain real property in Lincoln County, Wyoming, as hereinafter described, made to be effective this day of i0. 2014, is executed by AWYO Properties, LLC, a Wyoming limited liability company -1'06 East Reserve Drive, Alpine, Wyoming 83128, hereafter, the "Declarant WHEREAS, Granite Ridge Phase II A Subdivision, hereafter, the "Subdivision is comprised of the land described in the legal description attached hereto entitled "DESCRIPTION FOR WJW HOLDINGS WY, LLC RIVER LOT dated 13 February 2013, hereafter, the "Property"; and WHEREAS, the Property has great scenic and natural value, and this Declaration is adopted by the Declarant so that the Subdivision operates to preserve and maintain that scenic and natural value for the benefit of all of the Owners of the Property or any part thereof. NOW, THEREFORE, the Declarant declares that all of the Property shall hereafter be owned, conveyed, used, occupied and developed subject to the following easements, covenants, conditions and restrictions for the purpose of protecting the scenic and natural value of the Property, and to such end, these easements, covenants, conditions and restrictions shall run with the Property, shall be binding on all Owners having any right, title or interest in the Property or any part thereof, and on their heirs, successors and assigns, and shall inure to the benefit of each Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 1 OF 8 ARTICLE I DEFINITIONS 1. ASSOCIATION. "Association shall mean the "Granite Ridge River Homeowners Association, Inc. which shall be organized and maintained by the Owners as a Wyoming mutual benefit nonprofit corporation. 2. BOARD. "Board" shall mean the Board of Directors of the Association, 3. COMMON EASEMENTS. "Common Easements" shall mean the easements shown on the plats referenced herein, including the "Common Area Easement the "Wetland and River Easement" benefitting Lots 1 through 5), the "River Access Easement #1" benefitting Lot 11 only, the "River Access Easement #2" benefitting Lots 7 through 11, the "East Side River Access "Granite Ridge Road and the 20 -foot "Forest Access Easement 4. COMMON SERVICES. "Common Services" shall be the maintenance and operation of the roads within the Subdivision, the maintenance and operation of access easements within the Subdivision, and the maintenance and operation of the well that shall provide water to each of the Lots within the Property comprising the Subdivision. 5. LOT. "Lot" shall mean any subdivided portion of the Property, as approved by the Board of Commissioners of Lincoln County, Wyoming. 6. OWNER. "Owner" shall mean and refer to the record owner of fee simple title to any Lot, whether one or more persons or entities, including contract buyers and owners of a beneficial interest, but excluding any person or entity having an interest only as security for the performance of an obligation. 7. PROPERTY. "Property" shall mean Granite Ridge Phase II A Subdivision, as defined herein. ARTICLE II OWNERS' COMMON EASEMENT RIGHTS 1. OWNERS' COMMON EASEMENT RIGHTS. Every Owner shall have the right to enjoy the common easements, as the common easements are appurtenant to and shall pass with title to every Lot, provided, however, that such enjoyment shall be subject to the following provisions: (a) the Association shall have the right to charge reasonable assessments for the maintenance and operation of the common easements; (b) the Association shall have the right to establish rules and regulations for use of the common easements and to impose reasonable sanctions for violations of published rules and regulations; and (c) the rights of third parties to use of the common easements. 2. DELEGATION OF EASEMENT RIGHTS. Any Owner may delegate his or her right to enjoy the common easements to family members, tenants, invitees, and contract purchasers. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 2 OF 8 ARTICLE III ASSOCIATION MEMBERSHIP AND VOTING 1. MEMBERSHIP. Every Owner of any Lot shall be a Member of the Association. 2. VOTING. Every Lot shall have one (1) vote. If more than one person or entity is an Owner of a Lot, they shall decide among themselves how their one (1) vote shall be cast. No split votes shall be allowed. No Owner shall be entitled to vote if any assessment levied by the Board of Directors as provided herein is past due. 3. BOARD OF DIRECTORS. Every Member of the Association shall be on the Association's Board of Directors and shall be able to participate in the Board of Director's deliberations. Voting within the Board, however, shall be as provided herein, so voting will be by Lot and not by Member. 4. AUTHORITY AND DUTIES OF BOARD. The duties and obligations of the Board of Directors and the rules governing the conduct of the Association shall be in accordance with Wyoming law, this Declaration, and all other governing documents adopted by the Association. 5. BOARD'S LIMITED LIABILITY. The Board of Directors and their officers, agents, and employees acting in good faith on behalf of the Association shall not be liable to the Owners for any mistakes of judgment, or for negligence, or otherwise, except for their own willful misconduct or bad faith. 6. NOTICE OF MEETINGS OF THE BOARD OF DIRECTORS. Meetings of the Board of Directors shall be made in writing and shall be sent to all Owners at least thirty (30) days in advance of the meeting. Members may unanimously waive this meeting notice requirement. 1. CREATION OF LIEN PERSONAL OBLIGATION. Each Owner of any Lot, by the acceptance of a deed therefor, whether or not it is expressed in such deed, is deemed to have consented to and shall be subject to the covenants and agrees to pay to the Association annual assessments and special assessments for capital improvements. Accordingly, a general, continuing lien is imposed on each Lot for the payment of annual and special assessments, together with interest, costs and reasonable attorney's fees, and the same shall be a personal obligation of the Owner of a Lot at the time an assessment is due. No Owner may avoid liability for an assessment by non -use of any Common Services. 2. PURPOSES OF ASSESSMENTS. Assessments levied by the Association shall be used exclusively for the promotion of the recreation health, safety and welfare of the Owners and their guests and for improvement and maintenance of the Common Services. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE 1I A SUBDIVISION PAGE 3 OF 8 3. ANNUAL BUDGET AND ANNUAL ASSESSMENT. The Board of Directors shall prepare an annual budget for Common Services and administration of the Association and shall fix the annual assessment based upon that annual budget at least thirty (30) days in advance of each annual assessment period. The initial annual assessment for 2014 shall be One Thousand Dollars ($1,000.00) per Lot. Annual assessments shall be fixed at a uniform rate for all Lots. 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. The Association may levy a special assessment for the purpose of paying the costs of any construction, reconstruction, repair or replacement of facilities for Common Services; provided, that any such assessment must have the approval of at least seventy -five (75 of the Board of Directors. Special assessments shall be fixed at a uniform rate for all Lots. 5. NOTICE OF ASSESSMENTS. Written notice of any assessments, which shall include the assessment amount and the date on which such assessment amount is due and payable, shall be provided to all Owners. 6. REMEDIES FOR NON PAYMENT OF ASSESSMENTS. Any assessment not paid within thirty (30) days of the date such assessment is due shall bear interest at the rate of fifteen percent (15 per annum. The Association may bring an action against the Owner personally obligated to pay an assessment, or may file and foreclose a lien on the Lot in the same manner as foreclosures of real estate mortgages with power of sale may be completed under Wyoming law. ARTICLE V ARCHITECTURAL STANDARDS 1. ARCHITECTURAL COMMITTEE. The Board of Directors shall serve as the Architectural Committee. 2. ARCHITECTURAL COMMITTEE MEETINGS. The Architectural Committee shall meet from time to time, as necessary, to properly perform its duties hereunder, and shall keep meeting records. 3. ARCHITECTURAL COMMITTEE RULES. The Architectural Committee may adopt rules, which, when adopted, shall have the same force and effect as if they were part of this Declaration. 4. NON WAIVER. Architectural Committee approval of any plans, drawings or specifications for any work done or proposed shall not 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. 5. VARIANCES. The Architectural Committee, in its sole discretion, may allow reasonable variances and adjustments to the covenants, conditions and restrictions in this DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 4 OF 8 Declaration in order to overcome practical difficulties and to prevent unnecessary hardships in their applications. Any variance granted shall not be deemed to be a general variance applicable to other Owners or other Lots. 6. COMMITTEE'S LIMITED LIABILITY. Neither the Architectural Committee nor any Member there of shall be liable to any Owner for any damage, loss, or prejudice suffered or claimed on account of the approval of any plans, drawings and specifications, whether or not defective or the denial of any plans, drawings and specifications, so long as the Architectural Committee or a Member thereof has acted in good faith. ARTICLE VI DESIGN STANDARDS 1. UNIFORM LOCAL CODES APPLICABLE. All structure or improvements on any Lot shall be erected in accordance with the current edition of the following uniform building codes: (a) Uniform Building Code; (b) National Plumbing Code; and (c) National Electric Code. All structures or improvements shall also comply with all State of Wyoming and Lincoln County, Wyoming building codes and zoning regulations in effect at the time of construction. If any such requirements conflict, the local requirement shall govern over the uniform requirement. 2. BUILDING CHARACTER. All buildings shall be of rustic or rustic /industrial design and style. 3. BUILDING DESIGN. All buildings shall be designed as follows: a. Building setbacks shall not be less than ten (10) feet from any boundary of the property without Architectural Committee approval. b. No building shall exceed two (2) stories in height. This limitation shall not include walkout basements or underground garages. c. Metal, glass, or solar collectors shall not be placed on any structure in a manner that causes glare to any neighboring Lot. 4. SITE DESIGN. All site designs shall comply with the following: a. Any fencing shall be of wood construction only. No metal fencing shall be allowed. b. Fuel tanks, water tanks and similar storage facilities shall either be constructed as a part of a structure or shall be constructed underground. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 5 OF 8 ARTICLE VII RESTRICTIVE COVENANTS 1. ARCHITECTURAL COMMITTEE APPROVAL. No Lot development, including no building, structure, fence or improvement shall be erect or modified, and no excavation or other work that alters the natural terrain shall be completed, on any Lot until the plans therefor have been approved in writing by the Architectural Committee. 2. SUBMISSION OF PLANS FOR APPROVAL. Two copies of plans for Lot development shall be submitted to the Architectural Committee for review and approval. Plans shall include scaled site and floor plans, exterior elevations showing heights, and identification of exterior building materials. 3. EFFECT OF APPROVAL; TIMING OF APPROVAL. Approval of plans by the Architectural Committee shall be only for compliance with these covenants, conditions and restrictions. Such approvals shall not be considered approvals for any other purpose other than for providing the Association's authorization of an Owner to commence construction on a Lot. Any plan submitted shall be deemed approved unless the Architectural Committee provides written notice of disapproval within thirty (30) days of its receipt of plans for approval. 4. NO COMMERCIAL BUSINESSES; ALLOWANCE OF HOME BASED BUSINESSES. No commercial businesses shall be operated on a Lot, provided, however, that home -based business may be operated on a Lot with written permission of the Board of Directors upon a determination by the Board of Directors that operation of the home -based business will not substantially impact other Owners' quiet enjoyment of their Lots. 5. LIMITATION ON FIRES. No outdoor fires shall be allowed on a Lot except for fire within a barbeque pit, an outdoor fireplace, or a fire pit, except for vegetation or rubbish control fires that are permitted by Lincoln County fire regulations. 6. ANIMALS AND PETS. No pigs, goats, sheep, cattle, turkeys, chickens or any other non domestic animals or fowl shall be maintained on any Lot without the written permission of the Board of Directors. Dogs, cats and horses may be maintained in the property but shall, at all times be restrained or leashed and not allowed to run at large and/or to become a nuisance to other Owners. 7. NO NUISANCES. No noxious, offensive or noisy activity, disturbing peace and tranquility, shall be conducted on any Lot, nor shall anything be done on a Lot or placed on a Lot that may become a nuisance or cause unreasonable embarrassment, disturbance or annoyance to other Owners and their enjoyment of their Lots. 8. NO PREBUILT STRUCTURES; ALLOWANCE FOR RVs. No manufactured home, modular home, house trailer, mobile home, shack, or similar facility shall be kept, placed or maintained on any Lot at any time. Owners may keep a motor home, camp DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 6 OF 8 trailer or similar recreational vehicle on their Lot as long as such vehicle is not used for residential purposes on the Lot. 9. INOPERABLE VEHICLES. No inoperable vehicles shall be kept on any Lot for more than thirty (30) days unless such vehicle is parked in an enclosed building. ARTICLE VIII GENERAL PROVISIONS 1. MAINTENANCE OF COMMON EASEMENTS AND SERVICES. The Board of Directors shall be responsible for maintenance and repair of the Common Easements and Common Services. 2. MAINTENANCE OF LOTS. The Owner of each Lot shall be responsible for the maintenance and repair of improvements on each Lot. 3. ENFORCEMENT OF CC &Rs. The Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Any Party against whom an enforcement action is successfully brought shall be liable to the enforcing Party for all costs, including without limitation, reasonable attorney's fees, in addition to any other relief that may be granted. 4. NO WAIVERS. Failure of the Association or any Owner to enforce any covenant or restriction herein contained shall not be deemed a waiver of the right to later enforce that covenant or restriction. 5. DURATION OF CC &Rs. All of the covenants, conditions and restrictions in this Declaration shall continue and remain in effect at all times against the Property and the Owners thereto, subject to right of amendment provided herein, for a term of twenty (20) years, at which time they shall automatically be extended for successive periods of twenty (20) years unless amended to provide otherwise. 6. AMENDMENT OF CC &Rs. This Declaration may be amended by an instrument signed by not less than three- quarters of the Owners, which amendment will become effective when recorded in the land records of Lincoln County, Wyoming. 7. CONSTRUCTION AND VALIDITY. All covenants, conditions and restriction in this Declaration shall be construed together. If any covenant, condition, or restriction or any part thereof is deemed invalid or otherwise becomes unenforceable, no other covenant, condition or restriction shall be affected or impaired. The Owners shall remain bound to all other provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 7 OF 8 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed. STATE OF r ft o SS. COUNTY OF �Q(,o� BY: AWYO PROPERTIES, LLC, a Wyoming limited liability company BISH,'Y'YRON JENKINS, MANAGER ACKNOWLEDGED before me on this, the .R day of BIS TYRON JENKINS, acting as Manager of AWYO PROPERTI limited liability company as authorized by said Company's Members. WITNESS my hand and official seal. My Commission expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GRANITE RIDGE PHASE II A SUBDIVISION PAGE 8 OF 8 N ARY PJBLIC ,020/e 2014, by a Wyoming Professional lend Surveyors PAUL N. SCHERBEE Wyo. Reglslratlon No. 164 Utah Registoalion No. 1670 Idaho. Registration No. 3990 Nevada Registration Ne.5605. SCDTTA.SCHERBEL Wyo. Registration N. 3889 Utah ReglstrallorrNo. 372111 Idaho Registration No. 8026 MARLOWEA SCHERBEL Wyo. Registration No.5368 KARL R SCHERBEL Wyo, Regislmlien No.11810 Idaho Registration No:13493 CFEDS No 1223 Surveyor Scheibel, LTD. Afton, Wyoming, Big'Plney, Wyoming yaekeen, WycdQng Lava Hot Springs. Idaho Montpelier, Idaho DESCRIPTION FOR WJW HOLDINGS WY, .LLC RIVER TRACT To -wit; All of River 'Tract as depicted on the below referenced plat; ENCOMPASSING an area of 33.68 acres, more or less; The Base Bearing for this; survey its the east line of the SE1 /4 of Section 9, T36N. RI I9W, .Lincoln. County; Wyoming, being S00 04'- 42 "W;. TOGETHER with a right of ingress, 'egress and utilities over, under and across Kibbie Parkway,' as depicted on said plat; AND TOGETHER with a right of ingress and egress over and across Granite Ridge Road, the Common Area Easement and the Twenty (20) foot Forest Access Easement, as depicted on said plat; SUBJECT to a right of ingress and egress over and across the Fifty (50) foot Access Easement, as depicted on said plat; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual. right of ingress, egress and utilities over; under, and across said Kibbie Parkway and Granite Ridge Road,. the Cotnmon Area Easement, the Fifty (50.) foot Access Easement and the Twenty (20) foot Forest Access. Easement as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; all in accordance with the plat of record in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR WJW HOLDINGS WY, LLC WITHIN GLO LOT 2 GLO LOT 3 GLO LOT 4 SWI /.4NE% SE'% SECTION :9 T36N R119W LINCOLN COUNTY, WYOMING dated 15 April 2013, as revised, with Accession No 970561. 5 March.2014 revise 13 February 2013 "Modification in any way of the foregoing description terminates liability of the surveyor"