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HomeMy WebLinkAbout202 MS 22 Final PlatAPPLICANTS:James Embry PROJECT NAME:Final Plat - Yellow Grouse Subdivision COMMUNITY PLAN AREA:Star Valley Ranch ZONING:Rural SURVEYOR:Surveyor Scherbel, Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PROPOSAL:A Minor Subdivision Preliminary Plat application proposal to subdivide 20.50 +/- acres into four (4) residential lots, with an average lot size of 5.12 +/- acres, in the Rural Zone. The lots will share a private subdivision road (Blue Dog Road) off the east end of County Road No. 113. Each lot will be served by individual wells and individual septic systems. LOCATION:0.1 miles west of the Town of Star Valley Ranch, Wyoming in Section 24, Township 35 North, Range 119 West. _____________________________________________________________________________________ ATTACHMENTS: 1.Final Plat 2.Vicinity Map 3.202 MS 22 Preliminary Plat Approval 4.Development Agreement 5.Draft CCR’s / Road Maintenance Agreement 6.Agency Correspondence _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 202 MS 22 Yellow Grouse, a Minor Subdivision Final Plat, with: ●Findings of Approval A. through D. ●Resolution of Approval 202 MS 22 BCC FINAL PLAT FINDINGS OF APPROVAL: A.The proposed subdivision plat is consistent with the provisions of the Wyoming Statutes regarding county subdivisions, including: a.Star Valley Conservation District Review, b.Safe and Adequate Water Supply, c.Public Notice in Newspaper of General Circulation B.The proposed subdivision plat is consistent with the goals and objectives of the Lincoln County Comprehensive Plan, including: a.Provisions for development near existing community infrastructure, b.Orderly land use development C.The proposed subdivision plat is consistent with the policies and standards of the Lincoln County Land Use Regulations, including: a.Procedures for Preliminary Plat Application, b.Residential Density Standards, c.Mixed Zone Subdivision Improvement Standards D.The proposed subdivision plat is consistent with the approved Preliminary Plat Permit 202 MS 22, including the satisfaction of the Development Agreement for Yellow Grouse Subdivision. BACKGROUND: This 20.50 acre tract was purchased as a partnership with four investors with the intent to create a residential subdivision lot for each of the investors. The access to this property starts at the east end of County Road 113 and crosses the Hardman Ditch. The developer was required to widen the culvert where the subdivision accesses from the County Road. The land sits on just over 20 acres on the east bench of Etna and has a natural grade just exceeding 10% and has no irrigation rights. Subdivision lots 2 & 3 will share a driveway easement and have log flag lots down to the subdivision cul de sac. All driveways in this subdivision exceeding 10% will require an erosion mitigation plan by a Wyoming Registered Engineer. 202 MS 22 BCC FINAL PLAT UV239 £¤89 Star Valley Ranch 040605 30 16 31 32 2019 28 18 29 33 17 21 36 15 21 14 25 34 13 33 16 26 35 28 2422 27 23 0403 02 0134N 119W 34N 118W 35N 118W35N 119W ³±113 Henry'sMountainRoadWestern Sky Drive Star Valley Ranch SKK, INC HALVERSON MARTHA D TRUSTEE EASTHAM, TERRY L & ROBIN M SANDNER,JUSTIN D & TERESA C ERICKSON, GREGORY P &TERRI L TRUSTEES CHIUMENTO, JULIE A MOORE, SCOTT & TERESA TAYLOR, RICHARDK & LINDA V TRUSTEES KILPATRICK, JOSHUA L &KELLIANNE TRUSTEES EMBRY, JAMES ETAL MAREK, DOUGLAST & SHANON L MAREK, DOUGLAS T & SHANON L CHILES, JOSHUA CPOLTASH, RM KRATZ, LUKE T INGRAHAM, DONNA SUE LLOYD, RYAN S & JODI L MAREK, DOUGLAS T & SHANON L WINDER,AUSTIN RMCKEEHAN, ALLISONA & KERRY E RUPP-ETLING HORN IRREVOCABLE TRUST HICK, JAMES MTRUSTEE ETAL MARTIN, JENNIFERADLER, ROBERT &MAXINE TRUSTEES STUART, BONNIE L SPIVEY, ERIC & GAIL OLSEN, ERIC & ALLISONREYNOLDS,TIMOTHY A & REBECCA RW GRAY DUCKPROPERTIES KABONIC, JAMESP & WENDY J DITSWORTH, BRADLEY A & DENISE TRUSTEESZELASKO,BRUCE E.& SANDRA L.CHRISTIANSEN, CLAY G & DAWN M NILSON, MARK J &RAELYNN LLOYD, JAYLENE M. BEAUCHAMP,WILLIAM JMORRIS, TB & KJ TRUSTEES VANDERBERG,RICHARD O.& DISIREE B.REYNA, RUBEN A &MELISSA A MORRIS,KJ & TB LIVING TRUSTRACKHAM-EVANS,TREVOR & COOPER REYNA, RUBEN A & MELISSA ATECAU, ROBERT B & JUDITHA TRUSTEE BERGENER, RONALD E ETAL JOHNSON,BRENT D PABLO,LUCIANO & VICTORIA M BRIZUELA TRUSTEES DECKER, ROBERT F & MARJORIE A TITENSOR, JOHN H & DEBRA TRUSTEES HANNAFIN,ALLISON M & SEAN P HUMPHERYS,JERRY JAMISON, KEVIN C& LINDA M TRUSTEES MEYERER, KRISWIRICK FAMILY TRUSTS MORTENSEN FAMILY CABIN, LLC WICKEL, JOHN W TRUSTEE EMBRY,JAMES ETAL CARPENTER,ROBERT D & VICKI L TRUSTEES DZIDA, STEVE A & TERI L MEINEN, VALERIEL & PATRICK S OGARA TRUSTEESDAVIDSON, RICHARD E & PAMELA H BRENT MORTENSEN LIVING TRUST LOPEZ, TRINIDAD B LEWIS, TIM M & JENNIFER R HOFHEIMER, STEPHEN W & JUDITH I TRUSTEES HARPER, SEAN & ALEXA Maxar, Microsoft Minor Subdivision Application Projects Buffer_202MS22 US Highways WY Highways Township & Range Sections Municipalities File No 202 MS 22 Yellow Grouse Subdivision James Embry, et al. Prepared using available data by Destry Dearden, GISP on 22 April 2022. Map is for informational purposes only and in no way represents an official survey of land. Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 1 Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision This Declaration of Covenants, Conditions and Restrictions (“Declaration”) for the Yellow Grouse Subdivision, is made to be effective the ____ day of ________________, 2022 by the undersigned owners of the Subdivision defined below (hereafter collectively the "Declarants s"). WHEREAS, Declarants are the owner of certain real property in Lincoln County, Wyoming, known as the Yellow Grouse Subdivision, a subdivision more particularly described as all that real property shown and described on Exhibit A attached hereto and made a part hereof as though set forth in full herein, and as shown in the Plat recorded in the Office of the Clerk of Lincoln County, Wyoming (hereinafter referred to as the "Subdivision"); and WHEREAS, Declarants desire to provide for the preservation of the desirability and attractiveness of the Subdivision, and any real property that may be annexed thereto pursuant to this Declaration, through these Covenants, Conditions and Restrictions as hereinafter set forth; and WHEREAS, this Declaration is also intended to regulate and control the use and development of Lots within the Subdivision, for the purpose of preserving, protecting and enhancing each owner's enjoyment, value and investment in the Lots; and WHEREAS, Declarants desire to subject the Subdivision to negative covenants, ("negative covenants") to preserve scenic and recreational values on Subdivision, NOW, THEREFORE, the Declarants hereby declare that the Subdivision, and any real property which may be annexed thereto pursuant to the provisions of this Declaration, shall be held, conveyed, divided, encumbered, hypothecated, bonded, rented, used, occupied, developed and improved in accordance with and subject to the following provisions, covenants, conditions and restrictions (hereinafter sometimes collectively referred to as "Covenants"), all of which are for the purpose of enhancing and protecting the character, values, desirability and attractiveness of said real property. The Covenants shall run with the Subdivision and be binding on all parties having or acquiring any right, title or interest in the Subdivision, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of the Declarants , and each Owner (as hereinafter defined) or person or entity deriving rights from an Owner. Any conveyance, transfer, sale, assignment, lease or sublease of said real property will be and hereby is deemed to incorporate by reference the provisions of this Declaration and the covenants herein contained. ARTICLE I Definitions As used herein, the following terms shall be defined as in this Article provided: Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 2 Section 1. "Accessory Residential Unit" shall mean a smaller, secondary residential structure (which may be part of another structure such as a garage) which may be built on a Lot. Section 2. "Articles" shall mean the Articles of Incorporation of the Association, as the same may from time to time be amended. Section 3. "Assessment" shall mean and refer to any Assessment duly made and levied pursuant to Article VI hereof, or the Bylaws of the Association. Section 4. "Association" shall mean and refer to the Yellow Grouse Homeowners Association formed and incorporated to be and constitute the Association to which reference is made in this Declaration, and its successors and assigns, whether by way of merger, consolidation, transfer or otherwise. The Association shall include, when the context requires, its board of directors, officers and duly authorized representatives and agents as the same, or any of them, may from time to time be constituted. Section 5. "Board" or "Directors" or “Board” shall mean the persons elected or appointed to the Board of Directors of the Association according to the Declaration and the Bylaws. Section 6. "Bylaws" shall mean and refer to the duly adopted bylaws of the Association, as the same may from time to time be amended. Section 7. "Common Road" shall mean and refer to Blue Dog Road as shown on the Plat and any graded and improved vehicular way hereafter designated as a common roadway. Common Road does not include private driveways or shared driveways that provide access to Lots. Section 8. "Covenants" shall refer to this Declaration of Covenants, Conditions and Restrictions or any amendments thereto. Section 9. "Declarants " shall mean and refer to the persons signing this Declaration. Section 10. "Development" shall mean any Excavation, Fill, Improvement or infrastructure installation including all utilities, septic systems, and fences or walls on any Lot. Section 11. "Excavation" shall mean and refer to any disturbance of the land (except to the extent reasonably necessary for planting) which results in the removal of earth, rock, trees or other substances from a depth of more than twelve (12) inches below the natural surface of such land. Section 12. "Fill" shall mean and refer to any addition of rock or earth materials to the surface of land which increases the natural elevation of such surface by more than twelve (12) inches. Section 13. "Improvements" shall include but not be limited to any buildings, roads, driveways, parking areas, fences, bridges, retaining walls, stairs, decks, hedges, windbreaks, patios, poles, signs, and any other structures of type or kind. Section 14. "Lot" shall mean and refer to each parcel of real property denoted as a “Lot” on the Plat, or otherwise described in a recorded instrument. Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 3 Section 15. "Member" shall mean the owner of every Lot; provided, however, if there shall be joint ownership of a Lot, such joint owners shall together hold a single Membership. Membership in the Association shall be appurtenant to each Lot, and shall not be subject to severance from the ownership of such Lot. Section 16. "LDRs" shall mean the Lincoln County Land Development Regulations and any amendments thereto in effect at the time of any Improvements. Section 17. "Mortgage" shall mean and refer to any security device encumbering all or any portion of the Subdivision and as used herein the term "mortgage" shall include a deed of trust. Section 18. "Mortgagee" shall mean and refer to the record owner of a beneficial interest under a Mortgage. Section 19. "Negative Covenant" shall mean and refer to any provision, covenant, condition or restriction set forth in this Declaration limiting, restraining, prohibiting or otherwise negating any rights, activities, or uses of any person or entity. Section 20. "Owner(s)" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to a Lot, including contract sellers, but excluding those having an interest in the Subdivision merely as security for the performance of an obligation, such as a Mortgage. Section 21. "Plat" shall mean the Plat of Yellow Grouse Subdivision, and any amendments thereto, revisions or replats thereof, recorded in the Lincoln County, Wyoming Clerk’s Office. Section 22. "Record" or "Recorded" shall mean, with respect to any document, that the document shall have been recorded in the land records in the Office of the County Clerk of Lincoln County, State of Wyoming. Section 23. "Residence" shall mean a single family residential structure, but does not include such other improvements and structures as may be customarily incident thereto, on a Lot. Section 24. “Shared Driveway Easements” shall mean the area shown on the Plat denoted Shared Driveway Easement. Section 25. “Shared Well” shall mean the potable water well and related cistern and electrical infrastructure to operate the well, which will be drilled on Lot 4. Section 26. "Structure" shall mean and refer to anything constructed or erected on real property, the use of which requires location on the ground or attachment to something having location on the ground. Section 27. "Subdivision" shall mean the Yellow Grouse Subdivision, as approved by Lincoln County, Wyoming, including all phases thereof, as amended from time-to-time, and depicted upon one or more Plats or any amendments thereto. ARTICLE II Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 4 Property Rights Section 1. Residential Use. Each Owner of a Lot shall have the right to use their Lot for the purposes described herein. Section 2 Roads and Drives. Each Owner of a Lot shall have a non-exclusive easement appurtenant to his Lot of ingress and egress over and on the Common Road and the Shared Driveway Easements shown on the Plat. No Owner or any family member, guest or contractor or licensee may park motor vehicle on the Common Road or the Shared Driveway Easement. Each Owner may delegate his right under said nonexclusive easement for the benefit of his family, his tenants, servants, employees, agents, guests and invitees, and any transferee by way of lease assignment or contract for purchase of the property to which said non-exclusive easement is appurtenant. Section 3. Shared Well. Each Owner of a Lot shall have the right to use of the Shared Well to deliver potable water to their Lot. The Declarants shall execute and record such easements across Lots in the subdivision as may be necessary to facilitate the rights described in this Section 2. Section 4. Utility Easements. Each Owner of a Lot shall have the right to construct, maintain, repair and replace underground utilities within the Common Road and the Shared Driveway Easements shown on the Plat, and each Lot owner is hereby granted a perpetual easement for this purpose. ARTICLE III Restrictions on Use of the Lots Section 1. Lot Restrictions. Unless otherwise specified on a recorded Plat, or in a Supplemental Declaration covering the Lot, the following restrictions shall apply to each Lot: (a) Residential and Home Occupation Business Uses. Each Lot shall be used for such residential and/or home occupation business purposes that are allowed by Lincoln County zoning and the LDRs. (b) Architectural Style. The Board shall adopt guidelines outlining standards for architectural style of improvements to be constructed on the Lots in the Subdivision, and each Lot owner shall comply with those guidelines. (c) Height Limits. No Residence and no other Structure or aboveground Improvement on a Lot shall exceed a height allowed by and measured in the manner provided for by the applicable Lincoln County LDRs. (d) Construction. All construction of Improvements on any Lot shall be prosecuted diligently and continuously from the commencement thereof until completion. (e) Setback Requirements. All Improvements constructed on a Lot shall comply with applicable Lincoln County LDRs. (f) Grading and Landscaping. All grading, excavation or fill shall reflect the natural Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 5 topography of the Lot and shall be replanted with plant materials which shall blend with the native vegetation. All landscaping shall be completed as quickly as possible but in no event later than eighteen (18) months after commencement thereof. Prior to conducting any land disturbing activities, it is recommended that the landowner initiate consultation with Lincoln County Weed and Pest. (g) Further Subdivision Prohibited. No Lot may be divided or subdivided, or a fractional portion thereof sold or conveyed. Nothing in this Section will prohibit ownership by a corporation, limited liability company or other entity. (h) Combining Lots. Provided that the Owner elects to do so in writing and in accordance with the applicable LDRs and duly records same in the Office of the County Clerk, Lincoln County, Wyoming, two or more adjoining Lots owned by a single Owner may be combined and developed as one Lot, but shall thereafter be deemed one Lot, and may not thereafter be split and developed separately. All costs of the Association incurred in relation thereto shall be paid by the Owner of the Lots to be combined. (i) Renting. Lot owners may rent their Lot or any Structure on their Lot in compliance with the Lincoln County LDRs. The Lot owner shall be responsible for providing renters a copy of the Covenants and ensuring that renters comply with all of the Covenants. (j) Maintenance. Each Owner shall keep the Lot and the exteriors of Improvements thereon and the exteriors, landscaping and surrounding areas of all structures in good order and repair, and in a clean, safe, attractive and sightly condition. All trash storage and disposal areas shall be kept inaccessible to bears and other wildlife. (k) Drainage. The established drainage pattern from, on or over any Lot shall not be obstructed, altered or in any way modified, unless prior written consent is obtained from the neighboring Lot owner(s) within the Subdivision. (l) Livestock and Pets. Livestock and pets may be kept or maintained on any Lot only as provided herein. All animals permitted to be kept on a Lot shall be restrained and controlled at all times so that they do not cause a nuisance to neighboring Lot Owners, and so that the presence or activity of any such animals does not harass or endanger wildlife. The following animals may be kept on each Lot: (i) Up to 3 dogs and cats, except that puppies or kittens less than five (5) months old, will not be counted. No dog, cat or other pet shall be allowed to roam freely on the Subdivision. (ii) A ratio of up to 1.5 large animals (horses, cows, sheep, llamas) per 1 acre on a Lot, or a combination of same so long as no more than 1.5 such large animals per 1 acre are present on a Lot, and so long as the animal(s) are enclosed within a fence and so long as the enclosed area is kept clean and inoffensive to occupants of neighboring Lots, and so long as said animals are properly fed and cared for so that they are not dependent totally upon grass within the enclosure for feed; provided, that no stud horses shall be allowed. Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 6 (iii) Chickens may be kept in enclosed pens or sheds. If any animal is caught or identified roaming freely or harassing livestock, wildlife or people, the Board shall have the authority to have such animal or animals impounded at any available location, and may assess a charge against the Owner of such animal or animals of not more than Two Hundred Fifty Dollars ($250.00), or such amount as the Board may from time to time establish, plus all costs of impoundment. If any such animal or animals are caught or identified roaming freely or harassing wildlife, livestock or people on a second occasion, the Board shall have the authority to have such animal or animals impounded or destroyed, the determination of disposition being in the sole discretion of the Board. In the event that such animal or animals are not destroyed, the Board may assess a charge of Five Hundred Dollars ($500.00) per animal, or such amount as the Board may from time to time establish, plus costs of impoundment. If any such animal or animals are caught or identified roaming freely or harassing wildlife, livestock, or people on a third occasion, the Board shall have authority in its sole and absolute discretion to have such animal or animals impounded or destroyed and shall have the authority to ban indefinitely the Owner of the Lot from keeping any animals on that Lot or any other Lot. No Owner of any animal or animals impounded or destroyed for roaming freely or harassing livestock, wildlife or people shall have a right of action against the Association, the Board or any member thereof for the impoundment or destruction of any such animal or animals. (m) Unsightliness. No unsightliness shall be permitted on any Lot or on the exterior or other portions of a Structure visible from elsewhere in the Subdivision or any adjacent property. Without limiting the generality of the foregoing: (1) all unsightly Structures, facilities, equipment, objects and conditions shall be enclosed within an approved Structure or appropriately screened from view; (2) refuse, garbage, recyclables, and trash shall be kept at all times in a covered, bear proof container and any such container shall be kept within an enclosed structure or appropriately screened from view and protected from wildlife disturbance; (3) service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view; (4) pipes for water, gas, sewer, drainage or other purposes and wires, poles, antennae and other facilities for the transmission or reception of audio or visual signals or electricity, and utility meters or other utility facilities and gas, oil, water or other tanks, and sewage disposal systems or devices shall be kept and maintained within an enclosed Structure or below the surface of the ground; (5) No lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to accumulate; and (6) all rubbish, trash, recyclables, and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. Notwithstanding the foregoing, if at the time of the occupancy of any approved Structure, connections to a nearby underground electricity line or telephone line are not available, then temporary poles or wires for electricity, or telephone service, as the case may be, may be installed to a reasonable necessary height provided that they shall be promptly removed at the expense of the Owner after the availability of connections to nearby underground lines or cables, which period in all events shall be within 120 days. If, at the time of the occupancy of any approved Structure, a connection to a nearby television cable is not available, and if a signal from a booster or translator is not being produced into the area, an Owner may install a temporary antennae inside the Structure, or small satellite dish, or any satellite disk greater than twenty-four inches in diameter (whether for television, internet or other use) not visible from adjacent property. If at any time a connection to a nearby television cable becomes available, each Owner shall remove promptly at his expense all such items previously installed. Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 7 (n) Motor Vehicles. All motor vehicles, including, without limitation, automobiles, trucks, motorcycles, dune buggies, all-terrain vehicles, snowmobiles and other types of recreational vehicles shall have functional and unmodified mufflers on their exhaust systems and shall be driven only on the Common Road or the Shared Driveway Easement. No more than 2 unregistered motor vehicles may be present on any Lot unless enclosed so that they are not visible from Structures on other Lots. For purposes of this section, the term “enclosed” means being located in a Structure that has at least 2 sides and a roof. ATV's, motorcycles and snowmobiles shall be used only on the Common Road and the Shared Driveway Easements. (o) No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done, made or suffered or placed thereon which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. Without limiting any of the foregoing, no exterior speakers, horns, whistles, bells, or other sound devices except security devices used exclusively to protect the security of any Lot, shall be placed thereon. No unreasonably loud or annoying noises or noxious or offensive odors shall be emitted beyond the Lot lines of any Lot. No Owner shall be permitted to maintain a nuisance on any Lot, either by use, activity, neglect, abandonment, failure to maintain structures or by allowing an unreasonable risk of fire or otherwise. No use, activity or condition on any Lot shall violate any state or local law. (p) Lighting. No light shall be unreasonably bright or cause glare on any adjacent Lot. All exterior lights shall be downcast by design at no more than a forty-five (45) degree angle from a vertical line to the ground from the light and shall radiate within a limited radius of ground focus. Lights cast upwards towards walls or trees shall not be allowed on any Lot. All interior lights shall be designed to avoid emission of glare or unreasonable brightness from any window, door, or other opening in the building. Exterior lighting, except downcast walkway and driveway lighting not more than three (3) feet above ground, shall not be used for extended periods, shall not be left on overnight, and shall not be used unless the Lot is occupied. (q) No Hazardous Activities. No activities shall be done, made, suffered, or conducted on any Lot and no Improvements constructed thereon which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms, or fireworks shall be discharged upon any Lot, and no open fires shall be lighted or permitted on any Lot or Multiple Unit Parcel except in a fire pit or contained unit while attended and in use, or within a safe and well-designed interior fireplace, or as otherwise specifically scheduled or approved by the Board. (r) Fences. All above-ground fencing shall be wildlife friendly, specifically two or three wire pole top fence no more than 38 or 40 inches in height, as approved. (s) Signs. No signs or advertising devices of any nature shall be erected or maintained on any Lot except (I) as necessary to identify the ownership thereof and its address; (2) not more than one "for sale" or "for rent" sign, having a maximum face area of three square feet per Lot, (3) as necessary or desirable to give direction, advise of rules and regulations, or caution or warn of danger; and (4) such signs as may be otherwise required by law. (t) No Mining and Drilling. No Lot shall be used for the purpose of mining, Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 8 quarrying, drilling, boring or exploring for or removing oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel or earth. (u) Control of Noxious Weeds. Each Owner shall take all actions necessary to control noxious weeds as defined by the Lincoln County Weed and Pest Control Board and/or the Board. Because the timing for effective control of noxious weeds is critical, if an Owner fails to respond immediately to a written request for weed control from the Board, the Board shall have the right to contract for such control services and the company so contracted shall have the right to enter upon any such Lot to treat noxious weeds without any liability for trespass or otherwise. In the event that the Board provides for noxious weed treatment as described herein, the Owner of a Lot treated for noxious weed control shall pay all costs incurred by the Board. Noxious weed treatment shall be strictly limited to herbicides approved by the Lincoln County Weed and Pest Control Board. Under no circumstance, however, shall materials or methods be utilized to control noxious weeds which would endanger wildlife or sensitive wetland habitat on the Subdivision or adjacent lands. Prior to the issuance of a Grading Permit for infrastructure construction by the developer, and for any development in any Lot by the Owner thereof, the applicant shall submit a noxious weed control plan for Lincoln County Weed and Pest's review. A copy thereof shall be provided to the Lincoln County Planning Department. Approval is not required. (v) Wood Stoves. All wood stoves shall meet current smoke emission and efficiency standards in accordance with state or local law . (w) Wildlife. No Lot owner or person occupying any Structure on a Lot will feed elk, deer, moose, bear, or other big game animals. Section 2. Roads. The Common Road and Shared Driveway Easements shall be used for ingress and egress purposes subject to rules and regulations adopted by the Board, and shall be maintained by the Association as hereinafter provided. ARTICLE IV The Association Section 1. General Purposes and Powers. The Association will be formed by Declarants as a nonprofit Wyoming corporation by the filing of the Articles. Its affairs shall be governed by the Articles and Bylaws. The Association shall be obligated and shall assume and perform all functions and obligations imposed on it or contemplated for it under this Declaration and any similar functions or obligations imposed on it or contemplated for it under any Supplemental Declaration. The Association shall have all powers necessary or desirable to effectuate these purposes. Section 2. Duties of Association. The Association shall, in addition to such obligations, duties and functions as are assigned to it by other provisions of this Declaration and any Supplemental Declarations, have the obligations, duties and functions to do and perform each of the following for the benefit of the Owners, and members, and for the maintenance, administration and improvement of the Subdivision. Section 3. Powers and Authorities of Association. The Association shall have all of the powers of a nonprofit corporation organized under the laws of the state of Wyoming, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 9 Bylaws or this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done hereunder, or by the Articles and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of its express powers, including the following which are listed without intent to limit the foregoing articulation: a. Assessments. To levy Assessments, charges, and statements of liquidated damages on the Owners, and to enforce the payment of the same, all in accordance with the provisions of this Declaration and its Supplements, the Articles, Bylaws, rules and regulations of the Association. b. Right to Make Rules and Regulations. To adopt and enforce written rules and regulations to regulate use of facilities for which the Association is responsible to maintain to assure fullest enjoyment and use by the persons entitled to enjoy and use the same, provided that such rules and regulations shall not be in conflict with this Declaration or any Supplemental Declaration. The Association may provide for enforcement of any such rules and regulations through reasonable and uniformly applied charges or assessments, and exclusion of violators from property and facilities of the Association or otherwise. Each Owner, members of his family and his tenants, guests and invitees shall be obligated to comply with and abide by any such rules and regulations. b. Insurance. To obtain, maintain and pay for such insurance policies or bonds, whether or not required by any provision of the Declaration, or any Bylaws, as the Association shall deem to be appropriate for the protection or benefit of the Association, the Board, and/or the Owners, their tenants or guests. a. Employment of Manager and Employees. To employ the service of any person or firm as manager, together with employees, to manage, conduct and perform the business, obligations and duties of the Association as may be directed by the Board and to enter into contracts for such purposes. To obtain, and pay for, legal, accounting, engineering, management and other professional services as may be necessary or desirable. b. Mortgagee Protective Agreements. To execute and cause to be recorded from time to time agreements in favor of holders or insurers of mortgages secured by portions of the Subdivision. Such agreements may condition specified action relevant to this Declaration or the activities of the Association upon approval by a specified group or number of such mortgage holders or insurers. c. Prosecute Actions. To from time to time, in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits in law and in equity to restrain any breach or threatened breach of this Declaration or any supplemental Declaration and to enforce, by mandatory injunction or otherwise, all of the provisions of this Declaration or any Supplemental Declaration. d. Utility Services. To contract and pay for, or otherwise provide for, utility services, including, but without limitation, water, sewer, garbage, electrical, telephone and gas services over any of the Subdivision owned by the Association, including the Common Road, and Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 10 the Shared Driveway Easement, and the shared fire suppression water storage system. e. Maintenance and Repairs. To contract and pay for, or otherwise provide for, the construction, reconstruction, repair, maintenance, snow removal, replacement or refinishing of the Common Road, and the Shared Driveway Easement, the Shared Well, and any portion of the Lots expressly accepted for maintenance by the Association. f. Protective Services. To contract and pay for, or otherwise provide for, fire and such other protective services as the Association shall from time to time deem appropriate for the benefit of the Owners, their tenants and guests. g. General Contracts. To contract and pay for, or otherwise provide for, such materials, supplies, furniture, equipment and labor as and to the extent the Association deems necessary. h. Liens. To pay and to discharge any and all liens from time to time placed or imposed upon the Common Road or the Shared Driveway Easements on account of any work done or performed by the Association in the fulfillment of any of its obligations and duties of maintenance, repair, operation or administration. i. Implied Rights of Association. The Association shall have and may exercise any right or privilege given to it expressly in this Declaration or any Supplemental Declaration, its Articles and Bylaws or, except to the extent limited by the terms and provisions of this Declaration, given to it by law, and shall have and may exercise every other right or privilege or power and authority necessary or desirable to fulfill its obligations, including, without limiting the generality of the foregoing. j. Right to Enter Upon Any Lot. The Association, or its duly authorized agents, shall have the right at any time, and from time to time, without liability to any Owner for trespass or otherwise, to enter upon any Lot of the Subdivision, or any structure or improvement thereon, for the purpose of (1) maintaining same in the event of default on the part of the Owner or Owners thereof, in the maintenance thereof; (2) removing any Change in Existing State of Property in violation of the provisions of Article IV hereof; and (3) otherwise enforcing the Covenants contained in this Declaration or any provisions, Covenants Conditions or Restrictions contained in any Supplemental Declaration; provided however, any entry into any structure shall require twenty-four (24) hours advance notice by personal delivery or posting conspicuously on such structure or Lot. ARTICLE V Association Membership and Management Section 1. Regular Membership. There shall be one (1) Regular Membership in the Association and one (1) vote for each Lot regardless of the size of such Lot, and regardless of the differences in the size or scope of Improvements thereon. Such Membership in the Association shall be mandatory. Each such membership shall be appurtenant to the fee simple title to such Lot. The Owner or Owners of the Lot shall be deemed the Owner or Owners of the Membership appurtenant to that property, and title to and ownership of the Membership for that property shall automatically pass upon transfer of fee simple title or long term lease to that property. Each Owner Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 11 or Owners of a Lot aforesaid shall be at all times entitled to the benefits and subject to the burdens relating to the Membership for such property. For purposes hereof, if an Owner has entered into a lease for the property with an original term of twenty-five (25) years or more, such Owner may give such lessee his proxy to exercise rights of membership as to such property and shall file such proxy with the Association. If fee simple title or long term lease to a Lot of property as aforesaid, is held by more than one person or entity the membership appurtenant to that property shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership in which fee simple title to that property is held. Section 2. Board of Directors. The affairs of the Association shall be managed by a Board of Directors consisting of three (3) persons, each of whom shall be an Owner. In all events, the Board of Directors may, however, delegate any portion of its authority, by resolution, to an Executive Committee, or to an Executive Manager or Director for the Association. Members of the Board of Directors shall be elected annually by the members. Vacancies in the Board may be filled by the action of a majority of the remaining Board Members. Members of the Board 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 for any mistake 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 elected or appointed capacity; (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; and (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 official capacity. Section 3. Members Voting. Each Member shall have one vote for each Lot as provided in Section 1 herein above, in the election of members of the Board of Directors of the Association, and in all other matters submitted to the vote of Members. In all voting by Members, voting by written proxy shall be allowed and permitted in accordance with the Bylaws. When one or more persons hold an interest or interests in any Lot the vote shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Section 4. Notices of Meetings. Except in emergency situations, a member shall be entitled to at least thirty (30) days' written notice in accordance with the Bylaws of all meetings of the Association, and/or the Board at which a vote is to be taken and when the amount of any Assessments which the members are obligated to pay will be determined. Notice shall be considered given when written notice is mailed, delivered or telefaxed to a Member addressed to the Member under the name, address and/or telephone facsimile number for the Member furnished by the Member to the Association in writing and, in any event shall be deemed given on the earlier of actual receipt or three (3) days after mailing, delivery or transmission. If a Member fails to Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 12 furnish, in writing, a name or address to the Association to which notices may be mailed, the Association shall be entitled to give notice by mail, commercial delivery, facsimile transmission or delivery of a written notice to such Member's property, addressed "Care of Owners". Section 5. Quorum. A quorum shall consist of the presence of at least fifty-one percent (51%) of the Members. ARTICLE VI Assessments Section 1. Operating Fund. The Association, acting by and through the Board, shall collect and deposit to an account in the name of the Association all moneys paid to it by way of assessment, and from which the Association shall make disbursements in performing the functions which the Association performs under this Declaration. Section 2. Maintenance Assessment. Not later than thirty (30) days prior to the commencement of each calendar year, the Board shall estimate the costs and expenses to be incurred by the Association during such year in performing its function, including reasonable provisions for defraying expenses attributable to maintenance and repairs of the Common Road, the Shared Driveway Easements and/or the Shared Well, and for contingencies, reconstruction and replacements and for alterations, modifications and improvements thereto; Board expenses, expenses of enforcement of this Declaration and professional fees. In so estimating, the Association shall take into consideration the anticipated balance in the operating fund as of the start of such year and the estimated receipts of all assessments, charges, fees, and other payments to be collected during the year. The net estimate determined by the Association as being necessary and required shall be divided and assessed by it as of January I of each year as an assessment for such year against all Owners of Lots (each Lot being treated the same as all other Lots regardless of differences in size, regardless of whether improved or unimproved, and regardless of differences in size, degree or nature of the Improvements) in proportion to the number of Lots owned by each Owner. Section 3. Supplemental Assessment. If at any time and from time to time during any year it shall appear that the assessment is or will be inadequate for any reason, including nonpayment by any Owner of his share, the Board may levy a further assessment to all Owners in the amount of such actual or estimated inadequacy. Section 4. Payment of Maintenance Assessment. The assessments shall be due and payable by the Owners to the Association in equal quarterly installments in advance on or before the thirtieth (30th) day of each January, April, July and October, or in such other manner as the Board shall designate, but not in advance in an amount in excess of the estimate for the full year. Section 5. Special Assessments. The Board may also levy a special assessment against any Owner where, as a direct result of said Owner's acts or failure or refusal to act or otherwise to comply with this Declaration the Bylaws, the Covenants, and any rules prescribed by the Board of Directors, moneys were or will have to be expended from the fund by the Association in performing its functions or enforcing the Covenants under this Declaration, the Bylaws, the Covenants, or any rules prescribed by the Board of Directors. Such special assessment shall be in Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 13 the amount to be expended or so expended therefore and shall be due and payable to the Association when levied and shall include without limitation, engineers', architects', attorneys' and accountants' fees reasonably incurred by the Association. Section 6. Special Assessments for Capital Improvements. In addition to the annual assessments, the Board may levy a special assessment for the purpose of paying part or all of the costs of construction, re-construction or replacement of the Common Road, the Shared Driveway Easements and /or the Shared Well, including necessary fixtures or personal property related thereto. Any special assessments shall require the prior approval of two-thirds (2/3) of the members. There shall be a development fund into which the Association shall deposit all monies paid to it as capital development assessments and income and profits attributable to investment of the development fund and from which Association shall make disbursements in performing the functions for which such assessments are levied. Nothing herein shall prevent the Board from establishing a capital improvement reserve account in accordance with generally accepted account principles or the advice of a CPA, with the prior approval of at least fifty-one percent (51%) of the Members. Section 7. Obligation of Payment. Each assessment (maintenance, supplemental, special or development) shall be a separate, distinct and personal debt and obligation of the Owner against whom it is assessed, at the time the assessments is made. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it be so expressed in such deed, is deemed to covenant and agree to timely pay assessments to the Association. If the Owner does not pay such assessment, or any installment thereof, when due, the Owner shall be deemed in default, and the amount of the assessment not paid, plus interest at one and one-half percent (1.5%) per month (not to exceed, however, the highest rate permitted under Wyoming law) and costs, including reasonable attorneys' fees, shall be and become a lien upon the Lot or Lots of such Owner, effective upon and as of the recordation of a notice of default. Such notice of default shall set forth the amount of the delinquent assessment and other charges, a description of the Lot against which the same has been assessed and the name of the record holder thereof, shall be signed by any officer of the Association, and shall be mailed to Owner at least ten (10) days prior to the recording of a lien. Such lien shall be prior to all other liens filed except that it shall be subject and subordinate to the lien of any previously filed Mortgage on such Lot of such Owner, and the sale or transfer of any Lot in foreclosure of such Mortgage, whether by judicial proceedings or pursuant to a power of sale contained in such Mortgage. Such lien may be foreclosed by the Association in like manner as a Mortgage of real property, with a Power of Sale (advertisement and sale without judicial proceedings) and the Association shall have the right and power to bid on the Lot at a foreclosure sale and to acquire and thereafter hold, lease, mortgage and convey the same. The liability of all owners of each Lot shall be joint and several for all assessments and each said Owner shall be liable for any deficiencies. The foregoing remedies shall be in addition to any other remedies provided by law for the enforcement of such assessment obligation. In addition to the principal amount of the lien plus interest, the Association shall be entitled to the payment of any costs incurred in the establishment or enforcement of any lien, including any filing costs and reasonable attorney's fees not included in the lien amount. Upon payment of any such delinquent assessment, interest and charges in connection with which such notice of default has been so filed, or other satisfaction thereof, the Association shall cause to be filed a further notice stating the satisfaction and release of the lien thereof. Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 14 Section 8. Estoppel Certificate. On request by any proposed purchaser, Mortgagee or transferee of a Lot, the Association shall execute and acknowledge a certificate stating the amount of the assessment secured by any lien upon such Lot, or that there is no outstanding assessment, as the case may be. Such certificate shall be conclusive upon the Association and the Owners in favor of all persons who rely thereon in good faith as of the amount of such indebtedness or the absence of any indebtedness as of the date of the certificate. The Association may charge a reasonable fee for the issuance of such certificate. Section 9. No Owner subject to assessment, charges, fines, or penalties hereunder may exempt himself from liability for same, nor release his Lot or any portion thereof from the liens thereof, by waivers of the use and enjoyment of the property and facilities promoted by such assessments, charges, fines and damages, costs or expenses or by abandonment of his Lot or any portion thereof. ARTICLE VII Miscellaneous Section 1. Duration of Declaration. Any provision, covenant, condition or restriction contained in this Declaration or any Supplemental Declaration shall be Covenants running with the land for the use and benefit of the Lots, and shall continue and remain in full force and effect for the period of forty (40) years following the date of recording after which time they shall continue automatically for successive periods often (10) years, unless, at least one year prior to the expiration of any such period, this Declaration is terminated by recorded instrument directing termination signed by the Owners of not less than 75% of the aggregate number of Lots. Section 2. Effect of Provisions of Declaration. Each provision, covenant, condition and restriction contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property subject to this Declaration is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (b) shall, by virtue of any person's or entity's acceptance of any right, title or interest in any parcel of property subject to this Declaration, be deemed accepted, ratified, adopted and declared as a personal covenant of such person or entity and, as a personal covenant of such person or entity shall be binding on such person or entity and such person's or entity's heirs, personal representatives, successors and assigns and, if a personal covenant of a person or entity other than the Association or Declarants shall be deemed a personal covenant to, with and for the benefit of Declarants and to, with and for the benefit of the Association and, if a personal covenant of the Association, shall be deemed a personal covenant to, with and for the benefit of Declarants and to, with and for the benefit of each Owner of Properly subject to this Declaration: (c) shall be deemed a real covenant by Declarants , for itself, its successors and assigns, and also an equitable servitude running, in each case, as a burden with the title to each parcel of property now or hereafter subject to this Declaration and, both as a real covenant and an equitable servitude, shall be a burden upon and binding on each Lot and upon each person or entity owning any right, title or interest in such Lot for so long as such person or entity owns any such Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 15 right, title or interest, and, with respect to any property of a person or entity other than the Association, or Declarants , shall, both as a real covenant and an equitable servitude, be deemed a covenant and servitude for the benefit of any property now or hereafter owned by Declarants subject to this Declaration, and for the benefit of any property now or hereafter owned by the Association which is subject to this Declaration and for the benefit of any and all property which is subject to this Declaration; (d) shall be deemed a covenant, secured by a lien binding, burdening and encumbering the title to each parcel of property which is subject to this Declaration and, with respect to any property or entity other than the Association or Declarants , shall, as a lien, be deemed a lien in favor of Declarants and the Association and, with respect to any property owned by the Association, shall, as a lien, be deemed a lien in favor of Declarants ; and (e) shall be deemed a condition subject to which title to each parcel of property which is subject to this Declaration is and shall at all times be held. Section 3. Rights of Enforcement. The limitations and requirements for land use and development set forth in this Declaration shall be enforceable by the Association and any Owner in the manner provided herein: (a) The Association shall have the right to file a claim against any Owner in any court having jurisdiction over such matters for the collection of any Assessment, expenses of Common Services, and other expenses assessable herein; to reduce the claim to judgment; and to undertake the collection of the judgment in any manner permitted under the law. (b) The Association shall have the right to a lien against any Lot and the improvements thereon to secure the payment of assessments levied by the Association which is not paid when due, plus interest and reasonable attorney's fees. The Association is authorized to record a notice of lien in the office of the County Clerk of Lincoln County, Wyoming, which shall include a description of the Lot and the name of the Owner thereof and the basis for the amount of the lien. A copy of the notice of lien as filed in the County Clerk's office shall be sent to the Owner by certified or registered mail. Any lien may be foreclosed in the manner provided for foreclosures of mortgages by the statutes of the State of Wyoming, whether through judicial process or by advertisement and sale. In addition to the principal amount of the lien plus interest, the Association shall be entitled to the payment of all costs incurred in the establishment or enforcement of any lien, including any filing costs and reasonable attorney's fees not included in the lien amount. (c) The parties recognize that the ecological, wildlife, natural, scenic and open- space values which are the essence of this Declaration are not subject to monetary valuation and those monetary damages cannot adequately compensate for a violation of this Declaration. The Association shall have the right to enforce the terms or conditions of these Covenants by means of the entry of a temporary restraining order, preliminary and/or permanent injunction or any other form of equitable or legal relief. Each Owner hereby consents to the entry of a temporary restraining order or an injunction against him or her or his or her tenants or guests, to terminate and restrain any violation of these Covenants. Any Owner who uses or allows his or her Lot to be used or developed in violation of these Covenants further agrees to pay all costs incurred by Association enforcing these Covenants, including reasonable attorney's fees. In addition, the Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 16 Association shall have the right to enforce the restoration of the portions of the Property affected by activities in violation of the terms and conditions of these Covenants to the condition which existed prior to the undertaking of such unauthorized activity. In all such cases, the cost of enforcement and/or restoration of the Property by the Association, including reasonable attorney's fees, whether or not judicial proceedings are initiated, shall be borne by the violating party. (d) Except as otherwise provided herein, the Association and each Owner shall have the right to make a claim for damages against any party arising from such party's failure to comply with and conform to the terms and conditions of these Covenants. (e) Each Owner expressly consents to the jurisdiction of the courts of the State of Wyoming, consents to service of process outside the State of Wyoming, and waives objection to venue for any action filed in Lincoln County, Wyoming, and to waiver of jury trial in any legal proceedings. Section 4. Protection of Mortgagee. No violation or breach of any of the provisions, covenants, conditions or restrictions contained in this Declaration or any provision, covenant, condition or restriction contained in any Supplemental Declaration and no action to enforce the same shall defeat, render invalid or impair the lien of any Mortgage taken in good faith and for value and perfected by recording prior to the time of recording of an instrument giving notice of such violation or breach, or the title or interest of the holder thereof or the title acquired by any purchaser upon foreclosure of any such Mortgage. Any such purchase shall, however, take subject to this Declaration except only those violations or breaches which occur prior to such foreclosure shall not be deemed breaches or violations hereof with respect to such purchaser, his heirs, personal representatives, successors or assigns. Section 5. Limitation of Liability. No member of the Board shall be liable to any party for any action or inaction with respect to any provision of these Covenants, provided that such Board Member has acted in good faith. No Member of the Board shall have any personal liability in contract to an Owner, purveyor of services, or any other person or entity under any agreement or transaction entered into by a Board Member on behalf of the Association. The Association shall hold all Board Members harmless from, and indemnify such Board Members against all claims, actions or causes of action that arise from the exercise of duties on behalf of the Association, except in cases of gross negligence or willful misconduct. Section 6. Successors and Assigns. This Declaration and any Supplemental Declaration shall be binding upon and inure to the benefit of the heirs, successors, assigns, and personal representatives of the Association, Declarants, Owners, lessees, guests, invitees, and all other persons or entities deriving rights therefrom, whether voluntary or involuntary by operation of law or otherwise. Section 7. Severability. Invalidity or unenforceability of any provision of this Declaration or of any Supplemental Declaration in whole or in part shall not affect the validity or enforceability of any other provision or valid and enforceable part of a provision of this Declaration or of any Supplemental Declaration. Section 8. Captions. The captions and headings in this instrument are for convenience only Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 17 and shall not be considered in construing any covenant contained in this Declaration. Section 9. Acceptance of Covenants and Waiver of Homestead Rights. (a) Each and every Owner shall be bound by and subject to all of the provisions of this Declaration and the Covenants contained herein, and expressly accept and consent to the operation and enforcement of all of the provisions of this Declaration. (b) Each Owner hereby waives any and all homestead rights which he or she may have with respect to the property covered by these Covenants. Section 10. No Waiver. Failure to enforce any covenant in this Declaration or in any Supplemental Declaration shall not operate as a waiver of any such covenant or of any other provisions, restrictions, covenants or conditions. Section 11. Notice. Except as otherwise provided, any notice permitted or required to be delivered may be done so either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered fourteen (14) days after a copy of same has been deposited in the United States Mail, postage prepaid, addressed to the person at the address given by such person to the Board of Directors of the Association for the purpose of service of such notice, or to the address of such person identified as the owner of the property in the land or tax records of Lincoln County. Such address may be changed from time to time by notice in writing to the Board of Directors of the Association. Section 12. Amendment. The provisions of this Declaration may be amended by the vote of those holding at 75% of the votes of the Members in the Association. Any amendment so authorized shall be accomplished by recordation of an instrument executed by the Secretary. IN WITNESS WHEREOF, the undersigned Declarants s have executed this Declaration the day and year first above written. ___________________________________ James Embry STATE OF_________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by James Embry this ___ day of _________________________, 2022. Witness my hand and official seal. SEAL Notary Public My commission expires: Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 18 ____________________________________ __________________________________ Karla Steinmeier Will Barker STATE OF_________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by Karla Steinmeier this ___ day of _________________________, 2022. Witness my hand and official seal. SEAL Notary Public My commission expires: STATE OF_________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by Will Barker this ___ day of _________________________, 2022. Witness my hand and official seal. SEAL Notary Public My commission expires: Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision - Page 19 ____________________________________ __________________________________ Karen Parent Matthew Lettick STATE OF_________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by Karen Parent this ___ day of _________________________, 2022. Witness my hand and official seal. SEAL Notary Public My commission expires: STATE OF_________________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me by Matthew Lettick this ___ day of _________________________, 2022. Witness my hand and official seal. SEAL Notary Public My commission expires: Exhibit A to Declaration of Covenants, Conditions and Restrictions for Yellow Grouse Subdivision Exhibit A Legal Description of the Subdivision Parcel 1: A parcel of land located in the North half (N1/2) of Section 24, Township 35 North, Range 119 West, Lincoln County, Wyoming and located East of the Hartman Canal and further described as follows: Beginning at the North Quarter corner (N1/4) monument of said Section 24; thence East 1330.81 feet to a monument; thence S00°59'10"E 675.00 feet; thence West 1045.65 feet; thence South 167.70 feet; thence S79°00'00"W 235.89 feet to a point on the East side of the canal; thence N58°30'00"W 138.00 feet to a point in the canal; thence N41°30'00"W 38.00 feet to a point in the canal; thence N11°20'00"W 42.00 feet to a point in the canal; thence N5°40'00"E 37.00 feet to a point in the canal; thence N11°10'00"E 48.53 feet to a point in the canal; thence N87°47'40"E 115.40 feet; thence N3°42'00"W 658.36 feet to the point of beginning. Parcel 2: A parcel of land located in the North half of section 24, T35N, R119W, Lincoln County and located East of the Hartman Canal, and further described as follows: Beginning at the North Quarter corner monument of said section 24; Thence s 3°-42'-00"E 658.36 Ft.; Thence S 87°-47'-40"W 30.67 Ft. to a point, said point is N 1°-01'-50"W 662.67 Ft. from a monument; Thence N 1"-01'-50"W 658.28 Ft. to the point of beginning. EXCEPT A PARCEL CONVEYED by Warranty Deed recorded 12/23/2020 as Instrument No. 1014392 PIDN: 12-3519.24.1.00.103.00 8/4/22, 10:00 AM IMG_1218.jpg https://mail.google.com/mail/u/0/?tab=rm&ogbl#inbox/FMfcgzGqPpbdsglrwsQrlzBWVmcJJXnK?projector=1&messagePartId=0.2 1/1