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HomeMy WebLinkAboutCombined BCC Staff Report 108-MA-23 Alpenglow Hills Final PlatAPPLICANTS:Topside Development,LLC |Golden Dog Development,LLC |CTGX Holdings,LLC PROJECT NAME:Alpenglow Hills Subdivision –Final Plat COMMUNITY PLAN AREA:Thayne ZONING:Rural PIN:3519-261-00-220,3519-262-00-221,3519-263-00-222 SURVEYOR:Surveyor Scherbel,Ltd. PLANNER:Emmett Mavy _____________________________________________________________________________________ PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File #108-MA-23 Alpenglow Hills 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 Major Subdivision Improvement Standards 108-MA-23 Alpenglow Hills Subdivision BCC -FINAL PLAT D.The proposed subdivision plat is consistent with the approved Preliminary Plat Permit 108-MA-23,including the satisfaction of the Development Agreement for Alpenglow Hills Subdivision. _____________________________________________________________________________________ PROPOSAL:A Major Subdivision Final Plat application proposal to subdivide 106.8 +/-acres into Twenty One (21)residential lots.The average lot size will be 5.00 +/-acres in the Rural Zone.The lots will share a private subdivision road “Yellow Star Road”off of Prater Canyon CR 116.Each lot will have individual wells,and individual engineered-enhanced septic systems permitted directly through Wyoming Department of Environmental Quality. The site is surrounded by agricultural uses with the exception of a residential home to the southeast and southwest.The new proposed subdivision roads will require a 24’travelway with 1’shoulders and a 70’ radius cul de sac. LOCATION:1.6 miles west of the Town of Star Valley Ranch,Wyoming in Section 26,Township 35 North,Range 119 West. _____________________________________________________________________________________ EXHIBITS: 1.Final Plat 2.Vicinity Map 3.Development Agreement 4.Draft of the CC&R's,HOA,or Road Maintenance Agreement 5.Drafts of the three required easements _____________________________________________________________________________________ 108-MA-23 Alpenglow Hills Subdivision BCC -FINAL PLAT UV239 £¤89 Star Valley Ranch30 31 32 2019 18 29 17 36 15 14 25 34 13 26 35 2422 27 23 35N 118W35N 119W ³±116 Crater Lane Dick Casull LoopDick Casull Loop£¤89DARWAY, EARL J TRUSTEE STONE, KAMIEJ TRUSTEE JENKINS, CHAD K FAM REV TRUST STONE, KAMIEJ TRUSTEESTONE,KAMIE J TRUSTEE JENKINS, KENDALL E.& EILEEN G. JENKINS, KENDALL JENKINS,TROY L 4SOM, LLC CAN GRAFREEDOM, LLC PRATT, JEFFREY S CTGX HOLDINGS, LLC HOKANSON, DEE J & IDA L TRUSTEES FREEDOM WYOMING WATER & SEWERDISTRICTJENKINS REVOCABLE TRUST FINDLAY, BRET & RICHARD Z CLYDE CONGER, JOE B & TERRI L EDMISTON, EDWARDD ETAL THE TWILIGHT RIFT, LLC DARWAY, EARL J TRUSTEE LOWER VALLEY ENERGY SILVER STAR TELEPHONE CO INC CONGER, JOE B & TERRI LDEVENY,JANETTE BITTY, LLC MILLER, GAVIN & ALICIA C TOPSIDE DEVELOPMENTLLC GOLDEN DOGDEVELOPMENTS LLC CAN GRA FREEDOM, LLC DARWAY, EARLJ TRUSTEE Maxar Major Subdivision Application Roads Road_Type US Highways WY Highways Projects Township & Range Sections Municipalities Public Noticing File No 108 MA 23 Alpenglow Hills Subdivision Topside Development, LLC, Golden Dog Developments, LLC, CTGX Holdings, LLC Prepared using available data by Katie Gipson, on 29 June 2023. Map is for informational purposes only and in no way represents an official survey of land. 1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -FOR- ALPENGLOW HILLS, A SUBDIVISION Within Lincoln County, Wyoming DRAFT 2 THIS DECLARATION of protective covenants, conditions, and restrictions is made and executed by Topside Development LLC, a Wyoming limited liability company; Golden Dog Development, LLC, a Wyoming limited liability company; and CTGX Holdings, LLC a Wyoming limited liability company (collectively “Declarant”) on this ____ day of ______________, 2023. WHEREAS, Declarant is the owner of certain property (“Property”) located in Lincoln County, Wyoming, known as Alpenglow Hills, and described more particularly as: __________________________, a Subdivision (the “Subdivision” or “Alpenglow Hills”) as depicted on the Plat attached hereto as Exhibit A (the “Plat”), which Plat was recorded on _______________ as Reception No. _____________, and as more particularly described on Exhibit B attached hereto. 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 easements, road system, and common areas for the benefit of the Declarant, for the benefit of every other present Lot Owner and future Lot Owner (“Owner”), 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 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. 3 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 Alpenglow Hills 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 any further subdivision of Lots is 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, on any easement, or on any future Common Area 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. Owners may lease out their Lot, their home or other improvements on their Lot. All tenants must agree in writing to abide by the provisions of this Declaration and all other rules and regulations of the Association. The Owner shall remain responsible for a tenant's compliance with the provisions of this Declaration and all other rules and regulations of the Association. e. Motorcycles, ATV's, snowmobiles and similar vehicles may not be used in any unsafe, noisy or offensive manner. f. 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. 4 g. No hazardous, illegal, noxious, or offensive activities or materials shall 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, stored or distributed on a Lot or on any easement, or on any future Common Areas, except as permitted by the Association. h. No electronic equipment may be permitted in the Subdivision which interferes with the television, radio, telephone or internet reception of another Owner. i. Any outdoor lighting used to illuminate any portion of a building structure or Lot shall be designed in accordance with the Lincoln County lighting regulations, standards, and guidelines. Owners may also install temporary holiday lighting and decorations provided that such lighting is not installed more than 30 days before, and is removed within 30 days after, the applicable holiday. j. 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. All pets, livestock, and other animals shall be kept from creating a nuisance or disturbance, and the owner shall be responsible for picking up and cleaning up after the same. Lot Owners shall be permitted to keep horses on their Lot provided that no Lot Owner shall keep more than one (1) horse on any given Lot for each one (1) acre of land contained within the Lot. For example, 2.49 acres shall be considered 2 acres and 2.5 acres shall be considered 3 acres within any given Lot. A foal up to 2 years of age being kept with its mare will not be counted as an additional horse. Other types of livestock may be kept for personal uses and small-scale sales. No other commercial livestock operations shall be allowed. For purposes of this paragraph, multiple lots owned by Owners shall be treated as one Lot. 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 easements or future 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. II. DECLARANT CONTROL PERIOD 1. Declarant Control Period. Notwithstanding anything to the contrary herein, Declarant shall retain control of the orderly development and controlled use of the Property, the Subdivision, and the Lots created within the Subdivision for the period of time beginning on the date of recordation of these Covenants until 80% of the Lots have been conveyed to Owners other than the Declarant. 5 III. THE HOMEOWNERS ASSOCIATION 1. Formation. The Declarant shall create Alpenglow Hills 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”) consisting of three (3) Members. The initial Board shall be appointed or removed solely by the Declarant. However, following conveyance of one hundred percent (100%) of the Lots to Owners other than the Declarant, the Members may elect one (1) Director per year. 3. Terms of Directors. The terms of Board members shall be three (3) years, provided that initial terms shall 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 authority to manage the business and affairs of the Association, 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. • Do all other acts necessary and desirable for the administration, operation and maintenance of the Property as provided in this Declaration. 4. Membership. Every Owner of every Lot 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. 5. 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. 6. 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 6 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) majority vote of the quorum present for votes taken at a meeting of the Owners, or (ii) a majority vote of the Owners for votes taken by written ballot without meeting. 7. Annual meetings. Annual meetings of the Association shall be 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 in accordance with Wyoming Law. At each annual meeting of the Association, the Members shall elect one or more Directors, and shall adopt the Association’s annual budget and conduct such other business as determined by the Members. Members may attend virtually through telephone conference, videoconference, or similar application determined by the Board. 8. 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. IV. 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. Except for Lot 1, which may be developed in any manner allowable by the Lincoln County development standards and zoning regulations, no structure shall be erected, placed, or permitted to remain on any lot of the Subdivision other than one single family dwelling, garage buildings, and other structures incidental to single family residential use of the lot. 3. Modular homes permitted; manufactured mobile homes and manufactured trailer houses prohibited. Modular homes pre-approved by the Association shall be permitted. No manufactured mobile home, manufactured trailer house, or other similar manufactured 7 structure shall be permitted on any Lot of the Subdivision. Any proposed erection or installation of any other dwelling or outbuilding which is prefabricated shall be subject to Association approval prior to such erection or installation, which approval or denial shall be final and not subject to appeal. 4. Setbacks. Setbacks for homes, barns, outbuildings and other structures shall be in accordance with the Lincoln County development standards, rules, and regulations. 5. Submission of proposed plans. Whenever an Owner of a Lot wishes to construct, expand, or modify 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. 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 being conducted or 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 ten (10) calendar 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 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 8 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. V. RESERVATION OF DEVELOPMENT RIGHTS 1. Development and Withdrawal Rights. Declarant expressly reserves the right to: (a) create Common Areas, which upon creation will be included in the Subdivision and subject to the terms hereof; (b) to modify Lots; (c) to convert Lots into Common Areas, or (d) to convert Common Areas into Lots upon first having the approval of Lincoln County, Wyoming on all or any portion of the lands adjoining the Real Estate for future development. Declarant may exercise its Development Rights on all or any portion of the reserved property in whatever order of development Declarant, in its sole discretion, determines. 2. Transfer of Development Rights. Any development, or withdrawal right created or reserved herein for the benefit of Declarant, may be transferred to any person or entity by an instrument, describing the rights transferred, recorded in Lincoln County, Wyoming. Such instrument shall be executed by the transferor Declarant and the transferee. VI. ROADS, EASEMENTS, AND COMMON AREAS 1. Roads and Future, Potential Common Areas. The roads shall be owned as indicated on the Plat, and maintained in accordance with any Maintenance Agreement between all who enjoy easement rights to utilize such roads. Roads utilized for access, ingress, and egress shall constitute Common Areas. Any further maintenance undertaken by the Association is purely discretionary, and may extend to any area designated as a Common Area by the Declarant or the Association, including but not limited to landscaping, fences, roads, pathways, trails, drainage structures, signs, utilities (except public utilities), and other improvements, facilities and structures located therein and/or a part thereof. All such work in or on the Common Areas and all expenses hereunder 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. Further, the roads shall not be obstructed nor used for any purpose other than the purposes set forth herein or otherwise approved by the Association. Each Owner is hereby granted and shall have a permanent and perpetual non-exclusive license for the use and enjoyment of all the roads with all other Owners. The Association has the right to levy and collect assessments against each Owner for the purpose of maintaining the roads, easements, and any improvements located within such easements 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 any future Common Areas or easement (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. 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 9 roads and any future Common Area. Roads and future Common Areas shall not be used by Owners for storage, parking or any other purposes not expressly permitted by the Association. 2. 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 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. 3. Public easements. The neighboring municipalities, townsites, 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 easements and any future Common Areas in the performance of their respective duties. 4. Easements appurtenant. The easements granted herein and those described or depicted on the Plat shall be appurtenant to and shall run with land and with the title to each Lot and any future Common Areas. 5. 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. VII. ASSESSMENTS 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 thereon or use the easements, 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 mortgage foreclosure law. 2. Purpose of assessments. Assessments shall be used, as determined appropriate by the Association for: improvement, maintenance, operation, management and insurance of any 10 kind; 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 roads, roadways, easements, and any Common Areas. 3. Regular assessments. Regular Assessments are intended to cover the reasonably foreseeable and ongoing costs of operating, managing, and maintaining the roads, roadways, easements, and Common Areas, as well as managing the Subdivision as an integrated whole. Such Regular Assessments may be increased annually by the Association 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 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. 6. Effect of non-payment of assessment; Association lien and remedies. If any 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 the Advertisement and Sale foreclosure provisions of Wyoming mortgage foreclosure law. 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 the Advertisement 11 and Sale foreclosure provisions of Wyoming’s mortgage foreclosure law, 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. 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 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). VIII. WATER AND SEWER 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 a well to supply culinary water to their Lot. 2. Sewage and septic systems. 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 an enhanced septic system 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 12 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). 3. 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. IX. INDEMNIFICATION To the full extent permitted by law, each Declarant, Officer and Member of the Board of Directors of the Association shall be and are hereby indemnified by the Lot Owners and the Association against all expenses and liabilities, including reasonable attorneys’ fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party or in which they may become involved by reason of their being or having been a Declarant, an Officer or Member of the Board of Directors of the Association or any settlement thereof, whether or not they are a Declarant, an Officer or a Member of the Board of Directors of the Association at the time such expenses are incurred, except in such cases where such Declarant, Officer or Member of the Board of Directors is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interests of the Association. X. 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 rescind, amend, or otherwise alter 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. 13 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 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 real estate records of Lincoln County, Wyoming. 6. Power-of-Attorney. Declarant reserves unto itself a power-of-attorney for all applications, permits, regulations and issues applicable and relative to water rights for the construction, maintenance, installation, repair and use of all water rights. 7. Effective date. This Declaration shall become effective upon recordation in the real estate records of Lincoln County, Wyoming. Signature Page Follows 14 IN WITNESS WHEREOF, the Declarant has executed this Declaration this ___ day of _________________, 2023. Topside Development LLC, a Wyoming limited liability company By: ______________________________ Neal Wiebelhaus, Manager STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Neal Wiebelhaus, in his capacity as Manager of Topside Development LLC, a Wyoming limited liability company this ____ day of _________________, 2023. SEAL __________________________________ Notary Public My Commission Expires: ______________ 15 IN WITNESS WHEREOF, the Declarant has executed this Declaration this ___ day of _________________, 2023. Golden Dog Development, LLC a Wyoming limited liability company By: ______________________________ Joshua B. Harrison, Manager STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Joshua B. Harrison, in his capacity as Manager of Golden Dog this ____ day of _________________, 2023. SEAL __________________________________ Notary Public My Commission Expires: ______________ 16 IN WITNESS WHEREOF, the Declarant has executed this Declaration this ___ day of _________________, 2023. CTGX Holdings, LLC a Wyoming limited liability company By: ______________________________ Bret Mosher, Manager STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by Bret Mosher, in his capacity as Manager of CTGX this ____ day of _________________, 2023. SEAL __________________________________ Notary Public My Commission Expires: ______________ Alpenglow Hills Freedom, WY Weed Control Plan Lincoln County Weed and Pest Control conducted an onsite inspection of the Alpenglow Hills property in the summer of 2022. Predominate Noxious Weed species of Black Henbane and Hounds Tongue were identified. Most occurrences of these weeds were along the banks of the East Side Canal flowing through the 106 acre subdivision. The following plan has been created with the consultation of Lincoln County Weed and Pest to fulfill the requirement of the State of WY Statute forbidding noxious weeds from propagating freely. Control Spread of Existing Areas of Noxious Weed Presence Areas currently being used for agriculture production to remain cultivated and in production until ownership changing from Developers to HOA members. Reduction of Existing Weed Presence Areas of existing week presence along the East Side Canal to be mowed annually in late spring prior to seed production -OR- early summer following any chemical treatment. Burning of dried weed residue from previous year may be employed in Spring when risk of fire spread is limited. Chemical treatment annually via sprayer with updated application rates and products by Lincoln County Weed and Pest. 2023 recommendations included 2,4-D (Barrage) & Aminopyralid (Milestone). Latigo was suggested as a possible alternative. A Surfactant was also encouraged to be utilized with the sprayer application. Chemical treatment to occur between June 1 -15 prior to seed production. 2 Responsibility for Weed Control Current lot owners / developers: CTGX, Golden Dog Development, and Topside Development will be responsible for executing the weed control plan prior to individual lots being sold. Following sale of individual lots, responsibility for weed control will be transferred to Alpenglow Hills HOA for common areas and Lots owner for private property. Weed Control Plan created 12-5-2023 by Neal Wiebelhaus with Consultation by Jamie and Travis of Lincoln County Weed and Pest during summer of 2023.