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HomeMy WebLinkAbout895666 RECEIVED LIN00LN COUNTY CLERK 895666 AMENDED DECLARATION ,~/~,~.1. i'd-' U ' ' '- . , ....... ON OF COVENANTS, CONDITIONS AND RESTRICTI~.~.E~fE FOR COMMISSARY ~NCH ' ~oo~ THIS AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR COMISSARY RANCH ("Amended Declaration") is made and executed as of the 29th day of November, 2003, by COMMISSARY RANCH PROPERTY OWNERS ASSOCIATION, a Wyoming nonprofit corporation, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Battlefield, Inc., ("Battlefield") executed and caused that certain Declaration' of Covenants, Conditions and Restrictions for Commissary Ranch dated August 15, 1978, ("the Declaration") to be recorded in the office of the Lincoln County Clerk on September 6, 1978, in Book 149 PR, page 95; and WHEREAS, Battlefield executed and caused that certain First Supplement to Declaration of Covenants, Conditions and Restrictions for Commissary Ranch dated January 4, 1983, ("the First Supplement") adding certain property to the Declaration to be recorded in the office of the Lincoln County Clerk on January 10, 1983, in Book195 PR, page 795; and WHEREAS, Article VIII, Section 3 of the Declaration provides that the "Declaration may be amended by the affirmative vote of not less than two-thirds of the Members"; and WHEREAS, the members have by a two-thirds affirmative vote adopted this Amended Declaration; NOW, THEREFORE, the Declarant hereby declares that the real property described in the Declaration and First Supplement shall be held, transferred, sold, conveyed, improved and occupied subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, which shall run with the land and be binding on all parties having any right, title or interest therein, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Commissary Ranch Land Owners Association, a Wyoming corporation, its successors and assigns. Section 2. "Board" shall mean and refer to the Board of Directors of the Association. Section 3. "Common Area" shall mean and refer to any real property and all improvements thereon which is conveyed to the Association by Declarant and shall consist of all roads shown as such on any recorded plat of the Property. Section 4. "Amended Declaration" shall mean and refer to this Amended Declaration of Covenants, Conditions, and Restrictions as it may be amended from time to time. Section 5. "Expansion Property" shall mean and refer to the real property described in the First Supplement. Section 6. "Lot" shall mean and refer to any plOt of land shown as a numbered lot on any recorded plat of the Property; provided, if any Lot is ,resubdivided, each parcel of such resubdivision shall constitute a lot. Section 7. "Member" shall mean and refer to a Member of the Association. 2 '%,i ;~l;~;l" :,;::i · Section 8. "Owner" shall mean the person or persons holding the fee simple title interest in a Lot, provided, however, that in respect of a Lot the fee simple interest in which is subject to a contract with a Vendee, the Vendee and not Battlefield shall be deemed to be the Owner of such Lot. Section 9. ."Property" shall mean and refer to the real property described in the Declaration and First Supplement. Section 10. "Vendee" shall mean and refer to any person obligated to purchase the fee simple interest in a Lot from Battlefield under an installment sales contract. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which shall be held, transferred, sold, conveyed and occupied subject to this Amended Declaration is the real property described in the Declaration and First Supplement. ARTICLE III COMMISSARY RANCH PROPERTY OWNERS ASSOCIATION Section 1. The Commissary Ranch Property Owners Association is a Wyoming non-profit corporation created for the purposes, charged with the duties and invested with the powers prescribed by law or set forth in its Articles of Incorporation, By-Laws and in this Amended Declaration. Section 2. . Duties of the Association. The Association shall have and perform each of the following duties for the benefit of its Members: Accept, own, operate and maintain the Common Area. Pay all real and personal property taxes and other taxes and assessments levied upon the Common Area. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and assessments. 937 c. Obtain and maintain in effect policies of insurance adequate, in the opinion of the Board, in kind and amount. Without limiting the generalitY of the foregoing, such policies of insurance may include fire and extended coverage insurance, bodily injury and property damage insurance, liability insurance, workman's compensation insurance and such other insurance, inclUding indemnity and other bonds, as the Board shall deem necessary. d. Make, establish, promulgate and in its discretion amend, repeal, and reenact such rules and regulations not in contradiction of this Declaration as it deems proper pertaining to any or all aspects of its fUnctions, including the use and occupancy of the Common Area. e. Enforce in its own behalf and in behalf of all Owners all of the covenants, conditions, and restrictions set forth in this Amended Declaration and perform all other acts whether or not expressly authorized as may be reasonably necessary to enforce any of the provisions of the Articles of Incorporation, By-Laws or rules of the Association. f. Assess the Owners as is hereinafter set forth. ARTICLE IV PROPERTY RIGHTS Section 1. Rights and Easements of Use and Enioyment Powers of ' Association and Board. Declarant and every Owner shall have a right and easement of ingress, egress, use and enjoyment in and to the Common Area. Such right and easement shall be appurtenant to and shall pass with the title to every Lot. Section 2. Limitation on Use. The rights and easements of enjoyment created hereby shall be subject to the following: a. The right of the Association to suspend the use and enjoyment right of an Owner for any period during which an assessment against such Owner's Lot remains unpaid. b. The right of the Association to grant or retain temporary easements, for the transportation and storage of construction materials and equipment. 4 838 'The right of Association to grant easements for the installation, use and maintenance of utility lines and pipes and for drainage. ARTICLE V MEMBERSHIP AND VOTING RIGHTS Section 1. Membership. Every Owner and Battlefield shall automatically be a Member of the Association. If any property interest is held jointly or in common, the Owners of such interest shall ai the time of purchase designate one address to which all notices shall be sent. Section 2. Voting! Ri_qhts. Each Member shall be entitled to one vote and in no event shall the ownership of more than one Lot entitle a Member to more than one vote; provided, however, that notwithstanding anything to the contrary contained herein, Battlefield shall be entitled to one vote for each Lot owned by it which is not subject to a contract for the sale of such Lot to a Vendee. Section 3. Joint or Common Ownershipl If any Lot is held jointly or in common by more than one person, the vote for sUch Lot shall be cast as a unit. Neither fractional nor split votes shall be allOwed. Any joint or common Owner shall be entitled to cast the vote belonging to the joint or common Owners. Section 4. Suspension of Membership. Breach by any member or guest of any member of the regulation imposed by the Association and the Declaration of Covenants, Conditions and Restrictions, or failure to pay an assessment fee lawfully imposed by the Association shall constitute grounds for suspension of all membership rights, including voting rights, at the discretion of the Board of Directors of the Association. No delay or omission on the Part of the Board' of Directors .of the Association in exercising any right power of remedy herein provided, in the event of any breach of the conditions contained herein, shall be considered as a waiver thereof or acquiescence therein. A waiver of any breach of the conditions contained herein shall not be construed as a waiver of any succeeding breach or violation, and no such waiver shall result in or impose any liability on the Board of Directors. ARTICLE VI ASSESSMENTS Section 1. Levy of Assessments and Liens. Each Owner except Battlefield and Declarant by acceptance of a deed for a Lot, or by execution of an installment sales contract for the purchase of a Lot, shall be deemed to covenant and agree to pay to the Association (1) annual assessments or charges; and (2) special assessments. The Association shall have the right to levy and collect annual and special assessments in accordance with the provisions of this Article VI against all Owners except Battlefield and Declarant. The annual and special assessment, together with interest thereon and the costs of collection thereof including reasonable attorney's fees, shall be a charge on the land and a continuing lien upon the property against which each such assessment is made when the Association causes to be recorded in the office of the Lincoln County Clerk a notice of assessment and such other charges associated therewith as determined by the Association, a description of the property being aSsessed, and the name of the record Owner thereof executed by a duly authorized representative of the Association. Each such assessment, together with interest, costs of collection and reasonable attorney's fees shall also be the personal obligation of each Owner against whom it is assessed and shall bind such Owner's heirs, personal representatives, successors and assigns. EXcept .as hereinafter provided, each person becoming an Owner of a Lot shall be jointly and severally personally liable with the former Owner for all such sums and amounts which have accrued and were payable at the time of the acquisition of fee simple title to the Lot by such party without prejudice to such party's rights to recover from the former Owner, any of said sums and amounts paid. All such sums and amounts may be recovered by suit for money judgment by the Association without foreclosing or waiving any liens securing the same. Notwithstanding the foregoing, first mortgagees of Lots and Purchasers at foreclosure sale of Lots therein foreclosed or grantees of deeds in lieu of foreclosure pursuant to any first mortgage, shall not be liable for any such asseSsment unless accruing during the period when such mortgagee or purchasers were OWners of said Lot. Section 2. Purpose of Assessments. All amounts realized from assessments levied by the Association shall be used as determined by the Board for any lawful purpose consistent with this Declaration and the Articles of Incorporation, By-Laws of the Association, includin§ but not limited to the followin§' (a) To promote the recreation, health, safety and welfare of the.Members; (b) For the restoration, improvement and maintenance of the Common Areas; (c) For the'furnishing of all services, equipment and facilities relating to the use and enjoyment of the Common Areas; (d) For the payment of taxes, insurance and other costs and expenses of the Common Areas. Section 3. Special Assessments. In additiOn to the annual assessments herein authorized, the Association may levy in any fiscal year special assessments applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or' replacement of the Common Area. All special assessments shall be approved by the affirmative vote of not less than two- thirds of the Members voting in person or by proxy at a meeting called for that purpose. Section4. Uniform Rate of Assessments. Both annual and special assessments shall be fixed at the same amount for each Lot. Section 5. Effect of Non-payment of Assessments; Remedies of the Association. Any assessments which are not paid within thirty (30) days after the due date shall bear interest from that date at such legal rate established by the Association. The Association may bring legal action against the Owner personally to pay the assessments due or foreclose the lien against the Lot or parcel for which the assessment is past due. Interest, costs and reasonable attorney's fees of any collection action or foreclosure shall be added to the amount of such assessment. Any foreclosure will be by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage by advertisement and sale, and every Owner shall be deemed to have conferred upon the AssOciation a power of sale for foreclosure by advertisement and sale. In the event of foreclosure under power of sale, the Association shall be entitled to actual expenses and such fees as may be allowed by law or as are prevailing at the time of the sale. No Owner may waive or otherwise escape liability for assessments by non-use of the Common Area or abandonment of his I°t or parcel. The Association's lien shall be subject and subordinate to (a) the lien of any recorded first mortgage now or hereafter placed on a Lot; and (b) the rights of Battlefield under any installment sales contract with a Vendee. The lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Lot. The Association shall have the power to bid at the foreclosure sale, and if thereby it purchases a Lot, to hold, lease, mortgage and encumber or convey the same. ARTICLE VII PROTECTIVE COVENANTS The following restrictions are imposed upon all Lots and Common Area: a. All property shall be used only for residential and recreational purposes, and any other use must have the prior written approval of the Board; no commercial enterprise shall be operated on a Lot; provided, however, Battlefield may install a sales office on a Lot or Lots and conduct sales activity therefrom The Board shall review the other use on a yearly basis to make sure it is in compliance with all stipulations that were placed on this use by the Board. b. No building shall be erected on a Lot nearer than 50 feet to any boundary contiguous to a road or access right-of-way or nearer than 30 feet to any other boundary of said Lot., c. No residential structure shall be erected on any lot the floor space of which, exClusive of basements, porches and garages is less than 600 square feet in the case of a one-story structure and not less than 800 square feet in the case of a two-story structure, any structure of less square footage must have written approval from the Board. d. Any structure ereCted on any Lot which is constructed of wood, stucco, cement or metal shall be painted or stained on the exterior. No unsightly building shall be kept or maintained on any Lot. All structures shall blend with the surrounding landscape by matching tone and color. e. No sewage disposal system, sanitary system, cesspool or septic tank shall be Constructed, altered, used or maintained on any lot unless and until approved as to design, capacity, location and construction by all governmental agencies having authority to regulate the foregoing. f. No structure of a temporary character, including but not limited to mobile home, trailer, tent, or shack, shall be used as a residence except during the construction of a primary residence. All construction of residences must Continue in a timely fashion until completion of the construction. g. All fences constructed on a Lot shall be approved by a member of the Board. Any type of wire fencing shall not be allowed on any Lot except for perimeter boundaries that border BLM, Lincoln County or private ownership. All wire fencing currently in place and in a condition of damage or disrepair must be removed. All wire fencing currently in place in good condition must be improved to meet the following minimum standard: addition of a single wood or log post alongside each metal or "T" post and a continuous log or wood rail to run parallel to the top strand of wire. h. Noxious, obnoxious, noisy, unsightly or otherwise offensive objects, including but not limited to inoperable or unregistered vehicles, or any such activities, including but not limited to vehicle repairs, barking dogs and littering shall not be permitted or maintained on any Lot. i. No more than one residential structure shall be permitted on any Lot or tract of 10 acres or leSs in size and no more than one residential structure shall be erected or maintained for each 10 acres of a Lot. j. None k. No Member shall perform anY maintenance on any of the Common Area including roads without the prior written consent of the Board. As used in the foregoing sentence "maintenance" includes snow removal. No Lot shall be further subdivided into less than 10 acre parcels. 9 m. Firearms, explosives, fireworks discharged on any Lot or the Common Area. or arrows shall not be used, shOt or n. Ail improvements constructed on a lot shall be maintained in such a manner that they do not become unsightly, in disrepair, unsanitary or a fire hazard. o. No structure or improvement shall be erected, placed or permitted to remain on any Lot, other than a single-family dwelling, garage building and structures incidental to single-family residential or recreational use of the tract. p. No outside toilets, which are not self-contained as hereafter provided, will be constructed or used on a Lot. The use of self-contained outside toilets, chemical or otherwise, when constructed in such a manner as to avoid contamination or pollution of surface or ground water shall, when fully screened from all public roadways, be permitted. q. Above-ground tanks for the purpose of fresh water storage will be allowed. Buried tanks for any purpose or material must comply with regulations set forth by federal, state and local governments and codes. No other storage tanks shall be allowed on any Lot. r. Livestock shall be allowed on a Lot only as follows: (i) On Lots less than ten (10) acres, only horses and poultry shall be permitted and only in accordance with applicable County, State and Federal regUlations. (ii) On Lots ten (10) acres or greater, only horses, cows, and poultry shall be permitted and only in accordance with applicable County, State and Federal regulations. 10 944 The number of allowable livestock and the duration of such livestock's stay on the premises shall be governed by common principles of good husbandry, but in no event shall any Owner or Vendee allow overgrazing of the Lot or allow an unreasonable accumulation of manure, stray, hay or any other matter which may become noxious, offensive or visually unpleasant. (iv) Dogs, cats or other household pets are permitted but must be fully controlled and restricted to their Owner's Lot. (v) (vi) Dead livestock shall be removed from the Property. No animals or poultry shall be kept on a Lot in such a manner as to be noxioUs, offensive or visually unpleasant. s. Camp trailers and motor homes may be left on a Lot year round contingent on meeting the following minimum standards: at least 19 feet in length; fully self-contained, wheels and tires remain on the vehicle, and prior written notice given to the Board. Any other camp trailer, motor home, tent or any other shelter that is of a temporary nature must be removed from a Lot prior to December 1 of that calendar year. ARTICLE VIII GENERAL PROVISIONS Section 1. Enforcement. The AsSociation or any Member at its own expense shall have the right to enforce by any proceeding at law or equity the restrictions, covenants, conditions and reservations herein contained. The failure of the Association or any Member to enforce any provisions hereof shall in no event be deemed a waiver or the right to do so thereafter. If they prevail in such action, the Association or Member bringing the action shall be entitled to recover a reasonable attorney's fee in addition to any other relief granted. l! Section 21 Violation or Nuisance. Every act or omission whereby any provision of this Amended Declaration or any rules and regulations promulgated by the Association are violated in whole or in part is hereby declared to be a nuisance and may be enjoined by a court of competent jurisdiction upon the action brought by any Member, the Association or Battlefield. This remedy shall be deemed cumulative and not exclusive. Section 3. Amendment. This Declaration may be amended by the affirmative vote of not less than two-thirds of the Members present in person or by proxy at a meeting called for that purpose. Section 4. Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail it' shall be deemed to have been delivered on the third day after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association. Section 5. Termination. The covenants and restrictions of this Amended Declaration as they may be amended from time to time shall run with and bind the property now or hereinafter subject to thiS Declaration for a term of 10 years from the date of this Declaration after which time they shall be automatically extended for successive periods of 10 years unless terminated by a written instrument executed by no less than three-fourths of the Members and recorded in the real property records of Lincoln County, Wyoming. ARTICLE IX COMMON AREA -ROADS Several roads have been constructed and maintained on the Property to provide access to the Lots. It is likely that not all of these roads are located as called for on the plats recorded in the office of the Lincoln County Clerk. However, the roads in their present locations have been accepted by the owners of the lots and used by them for ingress and egress to their Lots. Therefore, the Association hereby accepts all of said roads where they are currently located. 946 EXECUTED by the undersigned as of the day and year first above written. COMMISSARY RANCH PROPERTY OWNERS ASSOCIATION Gary P~illis, President ATTEST: Rhea Fullmer, Secretary ~"'Dale Long, Di er/ector Larry Hilkey, Director George Moore, Director STATE OF U7/¢ ~N SS. cou. On this c~ ¢%ay of /~v/OF~',-,,-/'}-~ ~'-, 2003, before me personally appeared Gary Phillis, to me personally known, who, being by me duly sworn, did say that he is the President of Commissary Ranch Property Owners Association, a Wyoming nonprofit corporation, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and said Gary Phillis acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal the day and year first above written in this certificate. NOTARY PUBLIC WAYNE MCADAMS 1061 Wl RIVERDALE RD. RIVERDALE, UT 84405 MY COMMISSION EXPIRES AUGUST 27, 2005 STATE OF UTAH My commission expires: '" "" NO"I-AIS,'¢ PUBLIC ~ u 14