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RECEIVED
LINCOLN COUr,,!T'f CLERK
DECLARATION OF COVENANTS, CONDITIONS J'.'i'71 :~ i:
AND RESTRICTIONS OF
FREEDOM RIDGE SUBDIVISION
This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling
the use and development of real Property, made effective this 2nd day of June, 2003, by
Redd Brothers LLC.
1. Purpose. Declarants are the Owners of certain real property located in Lincoln
County, Wyoming, which property is more particularly described as: Beginning at a point in the
ThayneTFreedom County Road 12-125 marking Station 147+70.74, being a point in the Dividing
line between said Section 9 and said Section 4, said point being 243.29 feet N89 23'54"W, along
said Dividing Line, from the B.L.M. type Monument marking the Charles V. King PE/LS 590,
location for the Southeast comer of said Section 4; thence continuing N23 23'30"E 178.18 feet
to PC Station 149+48.92; thence Northeasterly, along a 268.00 foot Radius Curve to 'the Left,
having a central angle of 21 06'47" an arc distance of 98.76 feet to PT Station 150+47.67; thence
N2 16'42"E 270.44 feet to PC Station 153+18.11; thence Northeasterly; along a 355.00 foot
Radius Curve to the Right, having a central angle of 6 28'26" an arc distance of40.11 feet to PT
Station 153+58.22; thence N8 45'09"E 195.77 feet to PC Station 155+53.99; thence
Northwesterly, along a 325.00 foot Radius Curve to the Left, having a central angle of 20 56'48"
an arc distance of118.82 feet to PT Station 156+72.81; thence N12 11'39"W 199.86 feet to PC
StatiOn 158+72.67; thence Northwesterly, along a 836.00 foot Radius Curve to the Left, having a
central angle of 17 55'02" an arc distance of 261.43 feet to PC Station 161+34.10, being a point
in the North line of the SE1/4SE1/4 of Section 4, said point being 259.80 feet N89 26'08"W,
along said North line, from the B.L.M. type Monument marking the Marlow A Scherbel PE/LS
5368, 2000 location for the Northeast comer of said SE1/4SE1/4 of Section 4
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(S1/16S4-S3);l'hence N 89 26'08"W 2952.03 feet to a B.L.M. type monument marking the
Lloyd B. Baker (PE/LS 698) 2000 location for the Northwest Comer Of said Lot 6
(Ida-L5/L6CC); Thence SO 34'54"W 1317.17 to a B.L.M. type monument found marking the
Paul N. Scherbel, 1980 location for a Common Closing Comer between Idaho, and Said Section
4 and said Section 9 (Idaho S4/S9CC);' Thence SO 57'04"W 113.21 feet along said dividing line
to an Iron Pipe.
2. Declaration. Declarant hereby declares that the Property shall be owned, sold,
conveyed, encumbered, leased, used, occupied and developed subject to the following Covenants,
Conditions, and Restrictions, which are sometimes referred to hereinafter as the "Covenants".
The Covenants shall run with the Property and any lot there of, and shall be binding UPon all
parties having or acquking any legal or equitable interest of any part of this Property, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
defined as:
A.
B.
Definitions. The following terms and phrases used in these documents shall be
Original Owners: Redd Bothers LLC.
Common Services -- shall mean the roadway maintenance, snow removal services,
fees and maintenance for on site or off site fire protection, utility maintenance and
repair services for the Common Road and Shared Access Road and the utility lines
located in the right of ways of such roads. Utility lines shall include all electric,
telephone, and any other utilities, as they become available.
Committee -- shall mean the Management Committee responsible for the
administration and enforcement of the Covenants, Conditions and Restrictions.
Declarant -- shall mean, Redd Brothers LLC and their successors and assigns or
heirs.
elected by a majority vote of the owners of the lots within the property. After the
initial term of office the standard term shall be three years unless vacated earlier.
E. Design Group ~- shall mean the committee to consider and act upon such
proposals for plans submitted to it from time to time.
F. Development -- shall mean any alteration of the natural land surface, and all
buildings, structures or other site improvements placed on the land to
accommodate the use of the lot.
G. Lot -- shall mean and refer to any plot of the land shown upon any recorded map
of Freedom Ridge, with the exceptions to of common area.
H. Owner -- shall mean the recorded owners of the lot.
I. Principal Residence -- shall mean the single family residential structure,
constructed on any lot of the Property, which is the principal use of such lot, and
to which other authorized structures on such lot are necessary.
J. Common Area -- shall include the common road.
K. Single Family residential structure -- shall mean one residence, no multi families
dwelling in one structure.
4. Association Membership Every Owner of a lot within the Freedom Ridge shall be
a member of the association. Membership shall be appurtenant to and may not be separated fi'om
ownership of any lot which is subject to assessment.
5. Voting Rights. The association shall have one class of voting membership.
Members shall be all lot owners and shall be entitled to one vote for each lot owned. When more
than one person holds an interest in any lot, all such persons shall be members. The vote for such
lot shall be exercised as they among themselves determine, but in no event shall more than one
vote be cast with respect to any lot.
6. Meetings. The committee shall call and conduct an annual meeting of lot owners,
and shall meet fi:om time to time as necessary to administer and enforce these Covenants. Written
notice of any meeting shall be sent to all members not less than 30 days nor more than 60 days in
advance of the meeting. The presence of members or the proxies emitled to cast sixty percent of
all votes shall constitute a quorum. A quorum must be present to continue any meeting. The
owners through the purchase of their lots agree to serve on the committee. The committee shall
adopt such roles for the conduct of its business as are appropriate, including designation of
officers and procedure of annual meetings of lot owners, Design Group and Committee.
7. Committee. The Committee, until 60 percent of the lots are sold} shall consist of
Frank Redd and Lance Redd. Upon the sale of 60 percent of the lots, the owners shall hold a
special meeting to elect a group as their committee. The then existing committee shall function
until a new committee is voted in and assumes their respective positions. Upon the creation of a
new committee staggered terms shall also be started. One term shall be for one year, one term for
two years and one for three years. Vacancies in the committee caused by death, resignation or
inability to act shall be filled by the committee members for the remaining term. All committee
The Committee shall be elected by a majority vote of the owners
After the initial term of office the standard term shall be three
shall consist of three members.
of the lots within the property.
years unless vacated earlier.
8. Design Group.
The Design Group shall be the committee of three persons and at
least one shall be an architect, designer, contractor or developer. The initial Design Group shall
have staggered terms of one, two and three years. Thereafter any person appointed by the
committee shall hold office for three years unless vacated earlier.
9. Building Permit. No building, fence or other improvement, shall be constructed,
erected or maintained, on any lot or tract, nor shall any addition thereto, or altercation therein, be
made until the ideas, plans, specifications and such other information relating to such
improvements as the Design Group may require, shall have been submitted to and approved in
writing by the Design Group. In passing upon such plans and specifiCations, the Design group
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shall consider the suitability of thc improvements, the materials ot'w~ch to be used in any
proposed improvements and the effect of any proposed improvement. It being the objective of
the Design Group that no improvements is so s~&lar or diss~r~lar to others in the neighborhood
that values, monetary, or esthetic, w~l be impaired. Materials shall cortsist of wood, stone, glass
or concrete, no ¥inyl siding or Masonlite products.
A. The Design GroUP -- shall review the plans and specifications within fourteen (14)
days bom the submission thereof, and determine if the proposed use or
development conforms to the requirements of these covenants. The Design Group
may approve plans and specifications subject to any conditions or modifications,
which the Design Group determines to be necessary in order to ensure the
conformity with the requirements of these covenants. The Design Group retain on
set of plans and specifications.
10. Development and Land Use Restrictions.
following requirements.
All development and use shall conform to the
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Residential Use -- All lots and tracts are hereby restricted in use for residential
purpose on, and neither the premises, nor any improvements thereon, shall be used
for any commercial, industrial, public, illegal or immoral purposes and no nuisance
shall be maintained or permitted to exist thereon. Home offices are allowed if they
do not create any amount of traffic that would be considered burdensome by a
reasonable and prudent neighbor. No parking shall be allowed at any time on the
common roads due to fire protection and snow removal.
Authorized structures -- No building or structure shall be constructed, placed or
maintained on any lot except a single-family owned residence, garage facilities,
associated out buildings, stable and corral facilities not to exceed a total of four
building or structures on any one lot. All structures to be similar in design and
materials.
C. Construction -- Only new construction shall be permitted.
All buildings shall be
fashioned in character, design and architecture. Non non-approved used materials,
no prefabricated and no modular structures of any kind shall be permitted for the
main residential building. All main residential buildings must be built on site. No
A-fi.ame or Yurtec structures shall be allowed. Unless Otherwise permitted by the
Design Group. No garage, stable, corral or other outbuildings shall be
prefabricated or constructed from used materials. The roofs of all structures shall
be constructed of shake, asphalt shingles, non-reflecting metallic roof coverings or
such materials as may be approved by the Design Group. Exterior colors shall be
subdued and in the earth tone range. Color samples or pieces of all exterior
materials and roofing materials to be used, shall be submitted to the Design Group
for approval. All exterior construction on the primary residence shall be
completed within two years fi.om the commencement date of construction unless
the Design Group and Committee approves and extension for good cause. All
construction and alterations shall comply with current county and state building
and safety codes.
Setbacks, Floor Area Requirements -- All structures shall be set back at least 30
feet fi.om the fi.ont lot line, 30 feet from the side lot line, and 30 fi.om the back lot
line.
Utilities -- Electrical and telephone lines have been installed underground to each
lot. Connections within the property to underground utility line shall be completed
at owner's expense and shall be underground.
Temporary Structure Prohibited -- No temporary structures such as trailers, tents,
shacks, or other similar buildings shall be permitted on any lot, except during
construction as authorized by the Design Group.
Maintenance -- Each lot an all improvements there on shall be maintained in clean,
safe and sightly condition. Noxious weeds must be kept under control at all
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times. Failure of any lot owner to control weeds on his lot, properly contain
garbage, shall result in the committee correcting the situation and assessing the lot
owner for the expense incurred by the committee.
Water System -- Domestic water supply is the responsibility of each Owner and
shall be installed at his expense. All arrangements and facilities providing
domestic water shall conform to all laws and standards set by State of Wyoming,
its departments and political subdivisions.
Waste Disposal -- Each structure designed for occupancy or used by human
beings, shall be connected to a private, individual waste disPosal system at owner's
expense. Such waste disposal system shall conform to the standards applicable to
the area, including without being limited to, the District Heath Department. No
outdoor toilets shall be permitted, except during construction. It must be of
storage type and be serviced and cleaned on as needed basis.
Excavation and Mining -- No excavation of stone, sand, gravel or earth, shall be
made on any lot, except for su~h excavation as may be necessary in the connection
with the erection of an approved improvement thereon. No oil drilling, oil
development operation, quarrying, or mining operations of any kind shall be
permitted on any lot.
Hunting will be allowed on each lot by owner -- PermisSion must be obtained fi.om
landowner to hunt on someone else's lot or lots.
Snowmobiles and Motorcycles -- In no way shall these vehicles be used in such a
matter to infringe on the others with Freedom Ridge. It is the right of the
committee to review and adjuSt this rule as problems arise. Snow machining and
motorcycling on personal lots is allowed as long as it does not infi-inge upon the
rights of other the other lot owners. No Snow machining or motorcycling or
horseback riding is allowed on any one else's lot without permission of the
property owner.
Mo
Easements -- The easements shown on the plat of the property are hereby reserved
for the purpose of installing and maintaining the utility facilities, for such other
purposes incidental to the development of the property.
No
All approaches fi.om Lots to any Common Roads within the Subdivision shall
include installation of a culvert to accommodate any water runoff.
11. Duties of the Committee. The Committee shall contract for snow removal and
periodic maintenance services on the Common Road, shared access road, and shall contract and
pay for services required to enforce these Covenants. The Committee shall prepare an annual
budget estimate for membership approval and submit annual statements to each lot owner based
upon its estimate. Billing for common services shall be paid by lot owner within thirty days of
billing date. Each lot owners will be responsible for and billed for their respective share of the
cost of the contract services as previously listed in the paragraph herein. Costs will be divided
equally per lot regardless of the lot location and regardless of the lot location of common services
to be provided. In the event that the estimate of the committee is less than the actual common
services cost, the committee shall send billings to each lot owner, with an estimate for common
services for the remainder of the year based upon the actual expenses incurred by the committee.
Additional billings shall be paid by lot owner within thirty days °fthe billing date.
A. Special Assessments -- On the approval of two thirds of the lot owners the
Committee shall have the authority to establish special assessments to meet
emergency or unusual conditions that have arisen. Special assessments shall be
payable within thirty days of the billing date. Any assessment not paid within thirty
days after the due date shall bear interest from the due date at the rate often
percent per annum. Costs will be divided equally per lot regardless of the lot
location and regardless of the location of the emergency or unusual conditions.
The committee may bring an action at law against the owner personally obligated
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672
to pay the same, and/or place a lien on the lots in order to enforce payment after
ninety days from the billing date. The lien of the assessment provided for herein
shall subordinate to the lien of any first mortgage, sale or transfer of any lot shall
not affect the assessment of lien.
Limitation of Liability -- Neither the Committee nor any member thereof shall be
liable to any party for any action or inaction with respect to any provision of these
covenants, provided that such committee or member thereof has acted in good
faith.
12. Violations; Enforcement's; Liens; Costs. The limitations and requirements for land
use and development set forth in these covenants shall be enforceable by the committee or any
owner of a lot within the Property; or its successor in interest as owner of the real property.
Every owner of a lot within the property hereby consents to the entry of an injunction against him
or her or his or her tenants or guests, to terminate and restrain any violation of these covenants.
Any lot 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 the committee or other lot owners in
enforcing these covenants, including reasonable attorney's fees and court costs. The Committee
shall have a lien against each lot and the improvements thereon to secure the payment of any
billing for common services, special assessments, or penalty due to the committee from the owner
of such property which is not paid within the time provided by these covenants, plus interest due
from the date of demand for payment at the rate often percent per annum. The committee is
authorized to record a notice of lien in the office of County Clerk in Lincoln County Wyoming
which shall include a description of the property and the name of the owner thereof and the basis
for the amount of the lien. A copy of the notice of the lien as filed in the County Clerk's office
shall be sent to the owner by certified or registered mail. Any such lien may be foreclosed in the
manner provided for foreclosures of mortgages by the committee shall be entitled to the payment
of all cost incurred in the establishment or enforcement of any lien, including filing costs and
att0mey's fees and court costs.
13. Amendment. These Covenants may be amended by the written consent of 60% of
lot owners within the property.
14. Duration of the Covenants. All of the Covenants, Conditions and Restrictions set
forth herein shall continue and remain in full force and effect at all times against the Property and
the owners and purchasers or any portion thereof, subject to the right of amendment as set forth
in Article 13 thereof. If required by law these Covenants shall be deemed to automatically renew
themselves at twenty-year intervals, unless 60% of the lot owners agree otherwise in writing.
15. Severability. Any decision by a court of competent jurisdiction invalidating any
part or paragraph of these Covenants shall be limited to the part or paragraph affected by the
decision of the Court, and the remaining paragraphs and the Covenants,' Conditions and
Restriction therein shall remain in full force and effect.
16. Acceptance of Covenants. Every owner or purchases of a lot within the Property
shall be bound by and subject to all the provisions of this Declaration, and every lot owner or
purchaser through his or her purchase or ownership expressly accepts and consents to the
operation and enforcement of all the provisions of this Declaration.
17. Agricultural Rights. All potential lot owners are put on notice that there are
existing agricultural operations with the neighboring area.
18. Livestock. Horses, llamas and Alpacas are allowed up to 4 including fouls. No
Swine, Cattle, Sheep or Fowl.
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End of Declaration
Frank Redd ~./~-
Date ffo - [-)tI/- O,J
Redd Brothers LLC.
Lance
Date/
Redd Brothers LLC.
Co-Operating Manager
Co-Operating Manger
In the State of ~
County of~
The forgoing instrument was acknowledged before me by
This q dayof (. ~-'~.J_ .A, kfl~ , 2003.
Witness my hand and official seal:
My Commission Expires: /~//0