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HomeMy WebLinkAboutCombined BCC Final Plat Staff Report for 106-MA-23 Lost Creek SubAPPLICANTS:WSP Partners,LLC PROJECT NAME:Lost Creek Meadows Subdivision –Preliminary Plat COMMUNITY PLAN AREA:Thayne ZONING:Rural PIN:3418-172-00-038 &3418-171-00-002 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File #106-MA-23 Lost Creek Subdivision,a Major Subdivision Final Plat,with: ●Findings of Approval A.through D. ●Resolution of Approval FINDINGS OF APPROVAL: A.The proposed subdivision plat is substantially compliant with the provisions of the Wyoming Statutes regarding county subdivisions,including: a.Star Valley Conservation District Review, b.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.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 and Final Plat Application, b.Residential Density Standards, c.Rural Zone and Minor Subdivision Improvement Standards 106-MA-23 BCC -FINAL PLAT D.The proposed subdivision plat is consistent with the approved Preliminary Plat Permit 106-MA-23,including the satisfaction of the Development Agreement for Lost Creek Subdivision. _____________________________________________________________________________________ PROPOSAL:To subdivide approximately 128.43 acres into 25 residential lots in the Rural zone at a potential density of .5.137 acre average.Each lot will have individual wells,and individual septic systems that meet Wyoming DEQ recommendations. The site is adjacent to single family residential uses to the north,west and south and agricultural uses directly to the east.A 25-foot agricultural buffer has been provided on the east boundary.The site will be accessed from County Road #12-419 Ross County Road.The subdivision provides two ingress and egress points and meets International Fire Code standards. LOCATION:Property is just 1.12 miles south of the municipal boundary of the Town of Star Valley Ranch and 1.06 miles northeast of the Town of Thayne in Section 19,Township 34 North,Range 118 West. _____________________________________________________________________________________ EXHIBITS: 1.Final Plat 2.Vicinity Map 3.Development Agreement 4.Draft of the CC&R's,HOA,or Road Maintenance Agreement _____________________________________________________________________________________ 106-MA-23 BCC -FINAL PLAT £¤89 Star Valley Ranch Thayne 21 18 08 04 20 07 06 17 09 19 16 05 23 11 14 02 24 12 01 13 34N 119W 34N 118W³±419³±120 Molly LaneBluebird LaneShootin g S t ar Dri v e GONET, ROBERT FRANCIS & JUDITH ALLRED, DAVID D & TAWNAD TRUSTEES NEUMANN,BRADY S & JENNIFER H STOOPS, DONALD E &ANGELA D TRUSTEES JOHANNSEN,RANDY & DEBBRAJONES, ANDREW G HINTZE, RAYOMOND A& LYNDA A BROWN, MALCOMO & ANNE MARIE EVERTSEN, BRENT & GORDON & SUSANNA C. EVERTSEN, BRENT & GORDON &SUSANNA C. WYOSTAR LAND, LLC WYOSTARLAND LLC RODENBOUGH, JESSE & KAREN SNEE,STEVEN C & LORI L WYOSTAR LAND, LLC LEMKE, GREGORY F MAHONEY, ANDREA D TRUSTEE ROBISON, BRIAN & HEIDI L DICKEY, DANIEL ARODENBOUGH, JESSE & KAREN WSP PARTNERSLLC KOLP, DAVID & CYNTHIA HEMMERT, JANYCE JTRUSTEEPUTT, JOEL M & BRANDY L SPROUSE,JOHN & PAMELAJACKSON, JOHN J & JAYNE E TRUSTEES JACKSON, JOHNJ & JAYNE E TRUSTEES WALLIS, CRYSTAL WOLFLEY, TYLER J ADAMS, ROBERT A & JOANN S TRUSTEES CARD, DUANE& NIKI MARDEN,PRISCILLA A ETBAR ADAMS, ROBERT A & JOANNS TRUSTEES WSPPARTNERS LLC LASSON,PAULA C WEST, BOYD& SUSAN J TRUSTEES WEST, BOYD & SUSAN J TRUSTEES ARH DYNASTY TRUST ARH DYNASTY TRUST HOLSAN, GARY & LINDA TRUSTEES MARDEN, PRISCILLAA ETBAR MARDEN,PRISCILLA A ETBAR JONES, WARRENK & ELIZABETH AC TRUSTEES KELLEY, WILLIAM & MARGARET J AGNEW, EUBENER & CANDYCE L TRUSTEES CASSIDY,WILLIAM A & WENDY TRUSTEES SLAM DHOLDINGS, INC HAZEN,SUZANNA S & JERRY V GARDNER, SCOTT L &BETTY L GIBILISCO, TIMOTHY S& RACHEL E SPETH, MARC A & LORNA A JANSEN,TROY A & KELSEY M GRUENWALD,ANNA JOHNSON, FREDERICK L & MEGAN EGWALTNEY, WOODROW D& BROOKE E HEINER, KELLY R & DEBRA R TRUSTEES BARRUS, STEPHANIE GERNHART, TYLER & JAYSON HODGES, MARK W& ELIZABETH M HEINER, QUINN R& DIANA E WORTHEN, RICHARD J & MARTHA A JOHNSON, THOMAS M & DAWN R BALK, SCOTT J & VICKI L MCCUE, RON &GAIL TRUSTEES JOHNSON,FREDRICK L & MEGAN E CLARK, GARY &TINA TRUSTEES RITTMILLER,GARY & LOUISE FLUD, JOSHUAE & DIANA H FLUD, SHANE G& AUBREE L WOLFLEY JASONE & TRACY H TRUSTEES LEE, KEVIN R & KRISTINE S HEINER, SG & TC TRUSTEES DURA-STRESS ACQUISITIONS,LLC LAVEDER, PATRICKA & CHARI HODGES, GARY J & KAREN K TRUSTEES PRICE, TROY G BLAIR, DEBORAHL & LESTER W MEEKER, RAYMOND & MICHAEL CHUMLEY LAJINESS, DANA COTTAM, DALE W & TAMARA O HEINER, SG &TC TRUSTEES BAGLEY, CHANTAL L WOLLEBAEK, MITCHELL D &VERONICA L BARBER, JOYCE L ETAL WEDEL, DAVE CALL, JORDAN C& RACHELLE H CLEGG, BRENT LJR & KORTNEY C WEDEL, DAVE COTTAM, DALE W & TAMARA O CASSIDY, WILLIAM A &WENDY TRUSTEES PACK, RICHARD E & BARBARAJ TRUSTEES WSP PARTNERS, LLC SLAM D HOLDINGS,INC Maxar Major Subdivision Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 106 MA 23 Lost Creek Meadows WSP Partners, LLC Prepared using available data by Katie Gipson, on 26 May 2023. Map is for informational purposes only and in no way represents an official survey of land. 10 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -FOR- LOST CREEK MEADOWS SUBDIVISION (DRAFT) 10 THIS DECLARATION of protective covenants, conditions, and restrictions is made and executed by WSP Partners LLC, (collectively, “Declarant”) on this day of , 2021. WHEREAS, Declarant is the owner of certain property (“Property”) located in Lincoln County, Wyoming, described more particularly as: all lots within the LOST CREEK MEADOWS subdivision (“Subdivision”), according to the plats thereof attached hereto as Exhibits A attached hereto and recorded in the Office of the County Clerk and Ex-Officio Register of Deeds of Lincoln County, Wyoming on as Receiving No. , on as Receiving No. (collectively hereafter referred to as “Plat”). WHEREAS, in order to provide for the orderly development and controlled use of the Property, the Subdivision, and the Lots created within the Subdivision, and WHEREAS, in order to provide for the maintenance, repair, replacement and management of the common areas for the benefit of the Declarant, other present Owners and future Owners, and WHEREAS, in order to protect the value and desirability of the Subdivision and the Property located therein, in a manner consistent with the requirements of the applicable Lincoln County Land Use Regulations, THEREFORE, Declarant adopts the following Protective Covenants, Conditions, and Restrictions (“Covenants”), and does hereby impose the same upon the above-described Property and Subdivision, and hereby declares that said lands shall be held, sold, and conveyed subject to such Covenants hereafter. The Covenants shall run with the Property and Subdivision, and shall be binding upon all parties having or acquiring any right, title or interest in any Lot in the Subdivision or the Property, or any part thereof, and shall be for the benefit of each Owner of any Subdivision Lot or other portion of the Property, or any interest therein, and shall inure to the benefit of and be binding upon the Owners, their heirs, successors, and assigns. All the land described as part of the Subdivision in the Plat, whether or not referred to in any deed of conveyance of such land, at all times is and shall be held transferred, sold, conveyed and occupied subject to these Covenants. 10 I. RULES, REGULATIONS, AND COMPLIANCE 1.Compliance with rules and regulations. Every Owner, and their family, tenants, agents, and guests, shall comply with all rules and regulations set forth herein, as well as any rules and regulations hereafter adopted by the Lost Creek Meadows Homeowners Association (“Association”). It shall be each Owner's responsibility to assure that their family, tenants, agents, and guests comply with the rules and regulations. 2.Further subdivision prohibited. “Lot Splits” and/or any further subdivision of Lots are prohibited. 3.Specific rules and regulations. a.Each Owner shall maintain their Lot at all times in a safe, sanitary and attractive condition, and shall promptly repair or correct any condition not consistent with the provisions of this Declaration and the rules and regulations of the Association. b.No Owner shall engage in or permit any conduct on their Lot or the Common Areas that will interfere with the rights, comforts or convenience of other Owners, and their families, tenants, agents, or guests, and the reasonable enjoyment by others of their Lots, and the Common Areas. c.Children and pets will be the direct responsibility of the Owner whose family, invitees or guests they are. Such Owner shall be responsible for full supervision of children and pets while within the Subdivision and for compliance by them with all rules and regulations of the Association. d.No Owner shall make or permit any disturbing noise, play or permit to be played any musical instrument, nor operate or permit to be operated any equipment, in such a manner within the Subdivision as to disturb or annoy other Owners, and their families, tenants, agents, or guests. A "reasonable person" standard shall be applied to determine what is disturbing or annoying to others. Owners may make written request in advance, and the Association may from time to time approve, temporary and occasional exceptions to this rule for extraordinary events, construction needs, or other purposes. e.No hazardous, illegal, noxious, or offensive activities or materials shall 10 be permitted within the Subdivision, nor shall anything be done or placed within the Subdivision which is or may become a nuisance. No flammable, combustible, explosive or hazardous fluids, chemicals or substances shall be kept for distribution on a Lot or on the Common Areas, except as permitted by the Association. f.No electronic equipment may be permitted in the Subdivision which interferes with the television, radio, telephone or internet reception of another Owner. g.Only high quality, exterior lighting shall be used to illuminate a Lot and/ or the structures thereon. Such lighting shall only be installed and maintained as approved by the Association. All outside lighting shall be arranged, directed and/ or shielded so as to prevent any significant light from shining onto adjacent Common Areas and/or other Lots. h.All pets, livestock, and other animals shall be maintained for personal and family use and enjoyment only, and not commercial, animal husbandry, or re-sale purposes. No Owner shall keep more than three (3) dogs nor more than three (3) cats on a Lot and all such dogs/cats shall be kept from creating a nuisance or disturbance to other Owners. Pet owners shall be responsible for picking up and cleaning up after their pets. i.Fishing is permitted in the Subdivision ponds subject to the rules and regulations of the Association, and laws and regulations of the State of Wyoming. 4.Remedies for non-compliance with rules and regulations. Failure of any Owner, or their family, tenants, agents, or guests, to comply with the Association's rules and regulations shall be grounds for immediate action by the Association, which may include, but shall not be limited to: (a) an action to recover sums due for damage; (b) injunctive relief; (c) suspension of use of Common Areas; (d) fines; (e) liens on the Lot or other property of Owner; and/or (f) any combination of such remedies, or other legal remedies, determined appropriate by the Association. If enforcement action is determined appropriate by the Association, the Association shall adhere to the following enforcement guidelines: a.Notice. The Association shall notify the Owner in writing of the infraction or infractions. The notice shall include a description of how the infraction(s) may be cured (if the nature of the infraction is such that it can be cured), and give a time frame of not less than ten (10) calendar days from delivery of the notice to cure. The notice may also include a description of the recourse that will be imposed and/or taken by the Association (fines, legal action, suspension of rights) if the infraction(s) is(are) not timely cured. 10 b.Opportunity to cure. The applicable Owner shall be given between five (5) and ten (10) calendar days from delivery of the notice to cure the infraction(s) or present good reason why action should not be taken by the Association. c.Special meeting. The Association may, but shall not be required to, meet to discuss the infraction(s) and hear from the applicable Owner. d.Association determination. After delivery of notice, failure of the Owner to timely cure the infraction (if the nature of the infraction is such that it can be cured), and consideration of any reasons timely presented by the Owner why action should not be taken by the Association, as described above, the Association may take such further action and/or impose such remedy as is described herein, or as the Association deems appropriate for the infraction(s). e.Fines. Fines shall not be construed to be an exclusive remedy for any infraction(s), and may be imposed in addition to all other rights and remedies to which the Association may be otherwise legally entitled. Fines shall be paid not later than five (5) days after notice of the imposition of the fine. If fines are not paid when due, they shall be treated as Special Assessments subject to the provisions for collection of assessments set forth herein. The Association may impose fines against an Owner as approved by its Board. II. THE HOMEOWNERS ASSOCIATION 1.Formation. The Declarant shall create a Lost Creek Meadows Homeowners Association (“Association”), which shall be either an unincorporated association or a non-profit, mutual benefit Wyoming corporation. 2.Board of directors. The Association shall be governed by a Board of Directors (“Board”). Board of Directors consisting of at least three (3) but no more than five (5) Members. The initial Board of Directors consisting of three (3) directors shall be appointed or removed solely by the Declarant. However, following conveyance of thirty-three percent (33%) of the Lots to Owners other than the Declarant, the Members elect one (1) additional Director. Following conveyance of sixty-six percent (66%) of the Lots that may be created to Owners other than the Declarant, the Members shall elect a second additional Director so that the Board shall then consist of five (5) Directors. Following conveyance of eighty percent (80%) of the Lots to Owners other than the Declarant, Directors shall be elected by the majority vote of the Lot Owners, with Declarant no longer having the absolute right to appoint Directors. 3.Terms of Directors. The terms of Board members shall be two (2) years, provided that initial terms may be staggered so that at least one Board member shall be elected or designated at each annual meeting of the Owners thereafter. The Board shall have full power and 10 authority to manage the business and affairs of the Associations, as more fully set forth in the Articles of Incorporation and Bylaws of the Association, and to enforce the provisions of this Declaration. Without limiting the foregoing, the Board shall have the authority to: Conduct all business and affairs of the Association and the Subdivision. Enforce the provision of this Declaration. Adopt, amend, administer and enforce any rule or regulation, and carry out the intent of these Covenants. Adopt, enact and enforce a fine schedule for violations of these Covenants, or rules and regulations adopted by the Board. To do all other acts necessary and desirable for the administration, operation and maintenance of the Property as provided in this Declaration. 3.Membership. Every Owner shall be a Member of the Association (“Member”). Membership shall be appurtenant to and may not be separated from Ownership of a Lot, and Ownership of a Lot shall be the sole qualification for membership. Each person and/or entity in any multi-owned Lot shall collectively constitute one Member. 4.Bylaws. The Association may have bylaws, which if adopted, shall supplement the provisions of this Declaration. In the event of a conflict between any such bylaws and this Declaration, the Declaration shall control. 5.Voting. Voting by Members of the Association upon any matter allowing or requiring a vote of the Members shall be as follows: there shall be one (1) vote allowed for each Lot. If an Owner includes more than one person and/or entity, the vote for such Member shall be cast in such manner as the persons or entities constituting the same shall determine, but the decision of the Board as to the authority conferred upon one or more of the Owners in casting the vote of the Owner shall be conclusive and binding. Except for special assessments, adoption of the budget or amendments to this Declaration as set forth herein, all matters before the Association shall be governed by: (i) more than two-thirds vote of the quorum present for votes taken at a meeting of the Owners, or (ii) more than two-thirds vote of the Owners for votes taken by written ballot without meeting. 6.Annual meetings. There shall be an annual meeting of the Association on a date and time and at a location in Lincoln County, Wyoming, designated by the Board. The Board shall give written notice of each annual meeting not less than ten (10) days and not more than sixty (60) days in advance of such meeting an in accordance with Wyoming Law. At each annual meeting of the Association, the Members shall elect Directors, and shall adopt the Association’s annual budget and conduct such other business as determined by the Members. 10 7.Special meetings. Special meetings of the Members may be called by the Board, or by the written request of not less than thirty percent (30%) of the Owners. The business to be conducted at a special meeting of the Members shall be specified in the notice of the special meeting. The Board shall give written notice of each special meeting not less than ten (10) days and not more than sixty (60) days in advance of such meeting. III. LOT CONSTRUCTION REQUIREMENTS; ARCHITECTURAL CONTROL 1.Purpose of architectural control. The intent of these Covenants is to ensure that homes, accessory buildings, landscaping and other improvements constructed within the Subdivision are of higher-than-average quality, appearance and styling, and are compatible with the theme and nature of the Subdivision. Accordingly, all modifications to structures or landscaping, and all new improvements proposed to be constructed within the Subdivision by an Owner shall be subject to the review and approval of the Association. Any such modifications or new improvements shall only be allowed by the Association if they are appropriate, as determined by the Association, in its sole discretion, to be compatible in character, design, color and architecture with the Subdivision. The Association will not approve any construction that it considers to be an unusual design or style, or that it considers to be an unusual construction method. 2.Single family residences only. No structure shall be erected, placed, or permitted to remain on any lot of the Subdivision other than single family dwellings, garage buildings, and other structures incidental to single family residential use of the lot. 3.Modular Homes Permitted; Manufactured mobile homes, Manufactured trailer homes prohibited. Modular homes pre-approved by the Association shall be permitted. No Manufactured mobile home, manufactured trailer house, or other similar manufactured structure shall be permitted on any lot of the subdivision. Any proposed erection or installation of any dwelling or outbuilding which is pre fabricated shall be subject to Association approval or denial shall be final and not subject to appeal. 4.Setbacks. Construction setbacks for structures shall not be less than forty (40) feet from any side or rear boundary line without prior Association approval. 5.Submission of proposed plans. Whenever an Owner of a Lot wishes to modify or construct any building, landscaping, or any other improvement, the Owner shall submit to the Association plans for such proposed construction or improvement for the Association's review and approval. 10 6.Compliance with laws. It shall be the Owner's responsibility (and not the Association’s) to see that all plans and work, including any changes or alterations, comply with applicable governmental laws, statutes, ordinances, building codes, rules, regulations, orders and decrees. 7.Inspection of work—noncompliance and correction. The Association may at any reasonable time inspect any work completed on any Lot. If the Association finds that such work is not being carried out or was not completed in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance and shall require the Owner to remedy the same. The Owner shall remedy or remove the noncompliance within a period of not more than thirty (30) days from the date notice from the Association is delivered, unless otherwise approved by the Association. If the Owner does not comply with the Association ruling within such period, the Association, at its option, may remove the non-complying improvement, otherwise remedy the noncompliance, and/or pursue such other remedies as it deems appropriate. In that event, the Owner shall reimburse the Association upon demand for all expenses and costs incurred by the Association, including attorneys' fees and an administrative charge to be determined by the Association. If such expenses and charges are not promptly paid by the Owner to the Association, the Association may levy and enforce a special assessment for reimbursement against such Owner and their Lot. 8.Non-liability of Association members. Neither the Association nor any member thereof, nor its duly authorized representatives, shall be liable, to the Association or to any Owner or any other person or entity, for any loss, damage or injury arising out of or in any way connected with the performance of the Association’s duties hereunder, other than arising from the willful wrongdoing. The Association shall review, and approve or disapprove, in their discretion all plans submitted on the basis of compliance with these Covenants, aesthetic considerations, the potential benefit or detriment to other Owners and the Subdivision, and other pertinent factors. The Association shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, or warranty as to any plan or design from the standpoint of structural safety or conformance with any governmental requirements. 9.Declarant Exemption. For so long as Declarant shall own any Lot, Declarant shall be exempt from the provisions hereof with respect to any construction, improvements, alterations and additions desired to be effected by Declarant and shall not be obligated to obtain Association approval for any construction or changes which Declarant may elect to make at any time. IV. ROADS, EASEMENTS, AND COMMON AREAS 1.Roads and Common Areas. “Common Areas” shall mean the common areas which are part of the Property designated as such on the Plat, as well as all utility pipes, lines or systems, roads and streets, walkways, parks, unless otherwise specifically identified on the Plat, 10 and other common property or facilities serving the Lots shall be Common Areas and shall be operated and maintained by the Association. The roads and Common Areas shall be used for the common enjoyment of the Owners for such purposes as parks, ponds, trails, recreational areas, roads, parking, landscaping, utilities, and any other uses expressly permitted by the Association. The Association may designate certain areas and/or facilities within the Common Areas for specific purposes subject to such rules and regulations as the Association may adopt. The roads and other Common Areas shall not be obstructed nor used for any purpose other than the purposes set forth herein or otherwise approved by the Association. Upon a transfer of title form the Declarant, the Association shall assume all of Declarant's responsibility of any kind with respect to the Common Areas and shall indemnify and hold harmless Declarant with respect thereto. Declarant expressly reserves the right to convey/sell access easements over Association roads to individuals/entities who own land adjacent to the Property. Any such easements shall require grantees to contribute to the Association for road maintenance and associated costs. 2.Common Area use. Each Owner is hereby granted and shall have a permanent and perpetual non-exclusive license for the use and enjoyment of all the roads and Common Areas in common with all other Owners. The Association has the right to levy and collect assessments against each Owner for the purpose of maintaining the roads and Common Areas in compliance with the intent and provisions of this Declaration. The Association may suspend the right of an Owner, and its permitted tenants, agents, and invited guests, from using the Common Areas (except for legal access) for any period during which an applicable assessment remains unpaid, and for an infraction of lawfully adopted and published rules and regulations. The Association may charge reasonable admission fees, use fees, and/or other fees for the use of Common Areas amenities or improvements. The Association may adopt and enforce rules and regulations governing the use of the Common Areas. The Association may dedicate portions of the Common Areas to a public agency under such terms as the Association deems appropriate. For so long as Declarant is an Owner of any Lot, Declarant may permit persons other than Owners, and their tenants, agents, and invited guests, to use the Common Areas under such terms as Declarant may from time to time desire, so long as such use does not unreasonably interfere with or restrict the rights granted herein for the benefit of the Owners. Declarant, for so long as Declarant is an Owner of any Lot, and the Association at any time may grant non-exclusive perpetual easements over, under and through the Common Areas. Common Areas shall not be used by Owners for storage, parking or any other purposes not expressly permitted by the Association. Common Areas designated for Owner or guest parking by the Association, if any, may be used only for the purpose specified by the Association. No Owner may alter in any way portions of the Common Areas, including, but not limited to, landscaping, drainage and natural features, without obtaining the prior written consent of the Association. No driveway or vehicular access shall be permitted to any Lots across Common Areas except as expressly permitted by the Association. 10 3.Utility easements. Declarant, the Association, and their respective designees, are hereby granted the right to install, use and maintain public and/or private utilities (such as, but 10 not limited to, water, sewer, electric, gas, television and phone lines) underground and along those easement routes shown on the Plat (or otherwise granted or reserved) in order to service the Lots Common Areas, and/or other properties. 4.Public easements. The Town of Alpine, the County of Lincoln, as well as regional fire, police, health and sanitation, and other public service personnel and vehicles shall have a permanent and perpetual easement for ingress and egress over and across the Common Areas in the performance of their respective duties. 5.Other easements. The following additional easements are hereby granted and declared over, under and through the Lots for the benefit of the Association: easements for all Subdivision ponds, streams, pipelines, and related improvements constructed by Declarant within the Subdivision, including the area within 10 feet of all sides of such ponds, streams, pipelines and related improvements, which are reserved for the use, enjoyment and maintenance of such amenities by the Association. Notwithstanding the foregoing, Declarant (for so long as Declarant is the Owner of any Lot) may modify or limit (or require the Association to modify or limit) the use and enjoyment of one or more of these easements by the Association with respect to a particular Lot, if and to the extent, in Declarant's sole discretion, such use and enjoyment by the Association would substantially impair the value and/or use of such Lot by the Owner. 6.Easements appurtenant. The easements granted herein and on the Plat shall be appurtenant to and shall run with land and with the title to each Lot and the Common Areas. 7.Roads and Common Area maintenance. The roads and Common Areas shall be maintained by the Association, beginning on the date those areas are conveyed to the Association by the Declarant, without cost to the general taxpayers of Lincoln County, and without direct, individual expense to the Owners, except for their share of the common expenses levied by assessment as provided herein. Such maintenance by the Association shall extend to all the Common Areas, including but not limited to landscaping, fences, roads, taxi ways, pathways, trails, drainage structures, lighting fixtures, ditches, streams, ponds, signs, utilities (except public utilities), and other improvements, facilities and structures located therein and/or a part thereof. All work in or on the Common Areas and all expenses hereunder, including irrigation fees, shall be paid for by the Association through assessments imposed in accordance with these Covenants. No Owner may escape liability for assessments for such maintenance by waiving or suspending the Owner's right to use the Common Areas or any part thereof. 8.Owner maintenance of easement areas. To the extent any Association rights-of- way or other easement areas are contained within particular Lots the Association shall only be responsible for maintaining the Association’s improvements located within such areas. The Owners of such Lots shall otherwise be responsible for maintaining, at the Owners' expense, such easement areas and any of the Owner's improvements located therein. V. ASSESSMENTS 10 1.Personal obligation of Lot Owners and lien for assessments. The Owner of each Lot, by acceptance of a deed, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (a) regular monthly, quarterly and/or annual assessments ("Regular Assessments"), and (b) other special assessments ("Special Assessments"), as provided herein or as determined by the Association in its sole discretion. Owners become responsible for paying assessments upon purchase of a Lot and regardless of whether they occupy a structure on thereon or use the roads or Common Areas. Assessments, together with late charges, interest, attorneys’ fees and other costs of collection and foreclosure, shall be the personal obligation of the person, entity, trust or other owner who was the Owner of such Lot at the time when the assessment fell due. The personal obligation of each Owner to pay assessments, late charges, interest, and costs of collection, shall pass to their successors in interest with recourse against the Owner and their successor's in title. Such assessments, together with late charges, interest, attorneys’ fees and other costs of collection, shall also be a charge on and continuing lien upon the Lot against which each such assessment is made. The Association may foreclose any lien on any Lot in accordance with the Advertisement and Sale foreclosure provisions of Wyoming law. 2.Purpose of assessments. Assessments shall be used, as determined appropriate by the Association: for improvement, maintenance, operation, management and insurance of the Common Areas; to promote the health, safety, welfare and recreational opportunities of the Owners, their families residing with them, and their tenants, agents and invitees; to enhance and maintain the aesthetics of the Subdivision; and for other Association and/or Subdivision purposes as determined by the Association in its sole discretion. Among other things, Regular Assessments and/or Special Assessments may include reasonable reserves as the Association may deem necessary for the future repair, maintenance or improvement of the Common Areas. 3.Regular assessments. Regular Assessments are intended to cover the reasonably foreseeable and ongoing costs of operating, managing, and maintaining the Common Areas, as well as managing the Subdivision as an integrated whole. Such Regular Assessments may be increased annually by the Association at the rate of not more than $25.00 per month as required to meet the Association's financial needs for managing the Subdivision. 4.Special Assessments. Special Assessments may be made by the Association at any time for any purpose approved by the Association and not provided for or covered by Regular Assessments, including, but not limited to: extraordinary maintenance or repair costs, replacement or addition of capital improvements or equipment, or unusual increases in operating costs. The due date of any Special Assessment shall be fixed by the Association and will be payable within 30 days of assessment. 5.Association assessment duties. All assessments, late charges, interest, attorneys’ fees and other costs of collection provided for herein shall accrue to the benefit of the Association. The Association shall set and may change the date of assessments and the amount 10 of assessments as provided herein. Written notice of applicable assessments shall be sent to every Owner at least thirty (30) days prior to the date payments are due, unless emergency circumstances require otherwise. Failure to timely send or deliver bills or notices of assessments shall not relieve Owners from their obligations to pay assessments when due. The Association shall, upon written request by any Owner liable for assessments, provide a certificate (or estoppel letter) signed by the Association stating that all applicable assessments have been paid by that Owner or what assessments are outstanding and unpaid. 6.Effect of non-payment of assessment; Association lien and remedies. If an assessment is not paid by the due date, then such assessment shall be delinquent. The assessment, together with late charges, interest and costs of collection, shall be a continuing lien on the applicable Lot and shall bind such Owner, their heirs, personal representatives, successors and assigns. The Association shall have such remedies for collection and enforcement of assessments as may be permitted by this Declaration and/or applicable Wyoming laws, including foreclosure of such lien in accordance with Wyoming’s Advertisement and Sale procedures. All remedies are intended to be cumulative. 7.Late fees and other charges. If any installment of an assessment is not paid by the due date, a late charge of up to five percent (5%) of the past due amount may be imposed, as determined appropriate by the Association. The Association shall also be entitled to interest on any unpaid assessment at the highest rate permitted by law (but not greater than 18% per annum) from the due date of the assessment until paid. The Association may also bring an action at law against any Owner personally obligated to pay the same, and/or may record a Lien Statement against the Lot on which the assessments are unpaid. In addition, the Association may foreclose the lien against the Lot on which the assessment is unpaid in accordance with Wyoming’s Advertisement and Sale procedures, and/or pursue one or more of such remedies at the same time or successively. In any collection action, the Association shall be entitled to payment of its actual attorneys' fees and legal costs, whether or not a lawsuit is filed. If litigation is pursued, the Association shall be entitled to a judgment for all sums provided herein, plus attorneys' fees and legal costs actually incurred, in the applicable action and any appeal thereof. No sale or other disposition of Lots shall be permitted until an estoppel letter is received from the Association acknowledging payment in full of all assessments and other sums due. In addition to the collection rights for assessments stated herein, any and all persons acquiring the title to or the interest in a Lot as to which the assessment is delinquent including, without limitation, persons acquiring title by operation of law and by judicial sale, shall not be entitled to the occupancy of such Lot or the enjoyment of the Common Areas until such time as all unpaid and delinquent assessments, together with late charges, interest and costs of collection, have been fully paid. 8.Subordination of the Lien. The lien for assessments, late charges, interest and costs of collection, provided for in this Declaration shall be subordinate only to real property tax 10 liens and to the lien of any first mortgage recorded prior to recordation of a Lien Statement or other claim of assessment lien. 9.Effect on Declarant. Notwithstanding any provision that may be contained to the contrary in this Declaration, for so long as Declarant is the Owner of any Lot, Declarant shall have the option, in its sole discretion, to either: (i) pay assessments on the Lots owned by Declarant, or (ii) not pay assessments on the Lots owned by Declarant and instead fund any deficit in Association operations. A "deficit" in Association operations shall mean the amount by which actual Association operating expenditures (excluding reserves for future expenditures) exceeds all Association receipts (including assessments and all other charges and incidental income) and any surplus carried forward from preceding years. Declarant may from time to time change the option Declarant uses to make payments to the Association. When all Lots within the Subdivision are sold and conveyed to purchasers, Declarant shall have no further liability of any kind to the Association for the payment of assessments or deficits, except to the extend otherwise expressly agreed by Declarant. 10.Special assessment for specific damage. Owners shall be responsible for repair of any damage to any portion of the roads or Common Areas as the result of misuse, negligence, failure to maintain, or otherwise caused either entirely or partially by such Owners, their families residing with them, and their permitted tenants, agents, and invited guests. Notwithstanding any other provision herein, such Owners shall be directly liable to the Association for the cost of repairs of such damage and a Special Assessment may be levied therefor against such Owners (rather than all Owners). VI. WATER AND SEWER, AND ROADS 1.Culinary water. The Association will not provide or maintain a domestic water system for the Subdivision. Instead, each Owner who desires culinary water shall be responsible for drilling, completing, and maintaining at their expense well for to supply culinary water to their Lot. 2.Irrigation water. Lot owners may have access to irrigation water in accordance or as allowed by any existing water rights appurtenant to their Lot. Each Owner shall be responsible for constructing and maintaining at their expense (and as approved by the Association) all necessary improvements to connect to local irrigation facilities, and shall maintain the irrigation water system for their Lot. The Association and/or the applicable irrigation water company may impose reasonable rules, regulations and schedules for irrigation water use. The costs incurred by the local irrigation company in constructing, improving, or maintaining the irrigation water system may be included in Regular and Special Assessments for the Subdivision. The Board shall appoint one Board member to act as the Association’s liaison to the Lost Creek Irrigation District. Such individual shall manage communication, payment and any other 10 Irrigation District matters on behalf of and at the direction of the Board. 10 3.Ditches. No owner of any lot shall change, alter, or do anything with the existing irrigation ditches which could impede the flow of water through such ditches to those owning lands or downstream. 4.Sewage and septic tanks. At such time as a permanent dwelling is constructed or placed on any lot of the Subdivision, the owner thereof shall be required to construct a septic tank or other underground sanitation/sewage facilities in conformity with laws of the state of Wyoming and County of Lincoln, in such a manner as to avoid creating any unsafe condition or nuisance to owners of adjoining lots. No privy, outside latrine, or other like facility or structure shall be permitted except during construction of a principal residence in which case such a facility shall be required. Every individual lot owner shall refrain from causing any water or pollution to emanate from his/her/its lot(s). 5.Garbage and trash. All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not to be visible from neighboring lots or property. The cost of commercial trash collection shall be paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind shall be placed or permitted to accumulate on any Lot. No metal, including but not limited to scrap metal or metal drums, shall be kept, stored, or allowed to accumulate on any lot except in an enclosed structure. VII. MISCELLANEOUS PROVISIONS 1.Duration of Covenants. The covenants and restrictions of this Declaration shall run with and bind each Lot and the Subdivision, and shall inure to the benefit of and be enforceable by Declarant and/or the Association, and their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of thirty (30) years unless an instrument signed by the Association has been recorded agreeing to change said covenants and restrictions in whole or in part. 2.Notice requirement. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when personally delivered or mailed, postpaid to the last known address of the person who appears as the Owner on the records of the Association at the time of such mailing. 3.Enforcement. Enforcement of these covenants and restrictions shall be accomplished by means of a proceeding at law or in equity against any person violating or attempting to violate any covenant or restriction in accord with the laws of the State of Wyoming. 4.Severability. Invalidation of any one of the covenants or restrictions herein, or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment 10 or court order shall not effect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. 5.Amendment. This Declaration, and the covenants, restrictions, easements, charges and liens of this Declaration may be amended, changed, or added to at any time, and from time to time, by a majority vote of the Board of Directors of the Association, provided that Declarant is an Owner of any Lot or other Property affected by this Declaration, and Declarant votes in favor of such amendment. Declarant's consent must otherwise be obtained if such amendment, in the sole opinion of Declarant, affects Declarant's interest. Any such approved amendment shall be effective when recorded in the land records of Lincoln County. 6.Effective date. This Declaration shall become effective upon recordation in the real estate records of Lincoln County, Wyoming. Signature Page Follows 10 IN WITNESS WHEREOF, the Declarant has executed this Declaration this 2021. DECLARANT: day of Joseph Daniel Parker STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Joseph Daniel Parker, this day of , 2021. Notary Public My Commission Expires: