HomeMy WebLinkAbout895670 RECEIVED
LINCOLN cOUNTY CLERK
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Ir`. ~ t,' ~J
,E ",-'",/ABNER
DEC~TION OF CO~N~Z~',. ......
C"O'N~i'?]ON S
AND RESTRICTIONS OF
THE ASPENS AT C~RK ~NE SUBDIVISION
'BOOK ~4'~_pR PAGE
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This Declaration of Covenants, Co. nditions, and Restrictions regulating and
controlling the use and development of certain real property as hereinafter described is
made to be effective as of the_~~J'' day of _/')r-.~.. ,200__ ("Declaration"),
by Eugene D. Roberts and Gale L. Roberts, husband and wife, hereinafter.referred to
as "Declarant", the Owner or beneficial owner of the following described real property
in Lincoln County, Wyoming;
SE1/4SW1/4, NEI/4SwI/4, NWI/4SWI/4, and about 35 acres in the
SW1/4SW1/4 (all of said SWl/4SW1/4 except the Star Valley Storage 5-acre
parcel) of Section 24, T35N, R119W of the 6th P.M., Lincoln County,
Wyoming, also to be. known as Lots 1 through 31, of THE ASPENS AT
CLARK LANE Subdivision ("the Subdivision") in accordance with the plat to
be filed for record in the Office of the Lincoln County Clerk in Lincoln County,
Wyoming, ("the Plat"), which shall hereinafter be referred to as the
"Property".
The Property is of high scenic and natural value, and Declarant is adopting the
following Covenants, Conditions, and Restrictions to preserve and maintain the natural
character and value of the Property for the benefit of all Owners of the Property or any
part thereof.
NOW, THEREFORE., Declarant hereby declares that all of the Property
described shall be owned, held, sold, conveyed, encumbered, leased, used, occupied,
and developed subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and desirability of, and
which shall run with the Property and be binding on all parties having any right, title, or
interest in the Property or any part thereof, their heirs, successors and assigns and
shall inure to the benefit of each Owner of any part thereof.
ARTICLE I- DEFINITITIONS
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1. "Association" shall mean and refer to the THE ASPENS AT CLARK LANE
Property Owners Association and its successors and assigns.
2. "Board" shall mean the Board of Directors of the Association established
to administer and enforce the terms and conditions of this Declaration as set forth
herein.
3. "Common Areas" shall mean the private roadways within the Property
which provide access to individual Lot lines from Lincoln County Road No. 115.
4. '~ "Common Services" shall mean the maintenance and any snow removal
services for the Common Areas, and utility line maintenance and repair services, if any,
for utility lines located in the rights-of-way of such roads:
5. "Declarant" shall mean and refer to Eugene D. RobertS and Gale L.
Roberts, husband and wife.
6. "Lot" shall mean and refer to any of the single family residential plots of
land described above and shown upon that certain recorded subdivision plat of the
Property filed by the Declarant in the Office of Lincoln County Clerk.
7. "OWner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot, including contract buyers and
Owners of a beneficial interest, but excluding those having such interest merely as
security for the performance of an obligation.
8. "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 the other authorized StructUres on such Lot are accessory.
9. "Property'` shall mean and refer to that certain real property known as the
THE AspENs AT CLARK LANE Subdivision, in accordance with the plat to be filed for
record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, as Plat
No. , and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
10. "Structure" shall mean anything built or placed on the ground, excluding
fences.
ARTICLE II PROPERTY RIGHTS
1. Owners' Easements of Enjoyment: Every Owner shall have the right and
easement of enjoyment in and to the Common Areas, which shall be apPurtenant to
and shall pass With the title to every Lot, subject to the following provisions:
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b. The right of the Association to establish rules and regulations,
including speed limits., for the use of the Common Areas and to impose.
reasonable sanctions 'for the violations of the published rules and
regulations.
c. The right of Declarant and their heirs, successors, assigns and
invitees to use of the Common Areas in perpetuity.
2. Deleqation of the Association of Use. Any Owner may delegate, in
accordance with the Bylaws of the Association, his right of enjoyment to Common
Areas only to the members of his family, his tenants or contract purchasers who reside
on the Property.
ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
1. Association Membership. Declarant shall have all of the rights, powers
and authority of the Association until the Lot Owners have 'formally established the
Association, either as a corporation, unincorporated association or other legal entity of
their choosing. The Lot Owners shall establish the Association When the master plan
has been completed and 20 of the Lots have been sold by Declarant. Every Owner of
a Lot shall be a member of the Association. For purposes of voting and meetings of the
members, there shall be one vote for each Lot. Membership shall be appurtenant to
and may not be separated from ownership of any Lot that is subject to assessment.
2. Manaqement of Association and Property. The management and
maintenance of the prOperty and the business, Property and affairs of the Association
shall be managed bY a Board of Directors as provided in this Declaration, its
organizational documents and bylaws ("governing documents"). All agreements and
determinati°ns with respect to the Property lawfully made or entered into by the Board
of Directors shall be binding upon all of the Owners and their successors and assigns.
3. Board of Directors 'of the Association. The Board of Directors (the
"Board") of the AsSociation 'shall consist of three (3)members, or such additional
number as may be apprOVed by the members in accordance With its governing
documents. The term of a member shall be three (3) years, except that the terms of the
members of the initial Board shall be one, two, and three years. Thereafter, all
members shall serve for a term of three (3) years. The Board shall be elected by a
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majority vote of the voting members of.the Association. All Board members shall be an
owner or an officer, partner, shareholder or member of an owner.
Until the master plan has been completed and 20 of the Lots have been sold and
title transferred to new Owners, the Declarant reserves the right to appoint and remove
all members of the Board and to exercise the powers and responsibilities otherwise
assigned by this Declaration to the Association. By express written declaration,
Declarant shall have the option, at any time, to turn over to the Association the total
responsibility for electing and removing .members of the Board.
4. Authority and Duties. The duties and obligations of the Board and rules
governing the conduct of the Association shall be set forth in the governing documents
as they may be amended from time to time.
5. Limited Liability of Board of Directors, etc. Members of the Board and
their officers, assistant officers, agents and employees acting in good faith on behalf of
the Association:
a.
shall not be liable to the Owners as a result of their activities as such
for any mistakes of judgment, negligence or otherwise, except for their
own willful misconduct or bad faith;
b. shall have no personal liability in contract to an Owner or any other
person or entity under any agreement, instrument or transaCtion
entered into by them on behalf of the Association in their capacity as
such;
c. shall have no personal liability in tort to anY Owner or any person or
entity, except for their own willful misconduct or bad faith;
d. shall have no personal liability arising out of the use, misuse or
condition of the Property which might in any way be assessed against
or imputed to them as a result of or by virtue of their capacity as such.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lien and Personal Obliqation of Assessments. Each
Owner of any Lot (with the exception of unsold Lots owned by Declarant but including
any Lot owned by Declarant on Which Declarant has constructed their own residence)
by acceptance of a deed therefor, whether or not it shall be so expressed in Such deed,
is deemed to have consented to be subject to these covenants and agrees to pay the
Association:
a. Annual assessment or charges; and
b. Special assessments for capital improvements, such as assessments
to be established and collected as hereinafter provided.
A general, continuing lien is hereby imposed on each Lot.in the Subdivision for
the payment of annual and special assessments imposed on Lots according to this
Declaration. In connection with that general lien, all of the annual and special
assessments, together with interest, costs and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon all those Lots on which each
such assessment is made. Each such assessment, together with interest, costs and
reasonable attorney's fees shall also be the personal obligation of the entity or person
who was the Owner of such Property at the time when the assessment fell due..
2. pUrpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the
residents of the Property and for the improvement and maintenance of the Common
Areas, to include road, trail and open space maintenance, Association employees'
wages, mailing costs and other related expenses incurred on behalf of the Association.
3. Annual Budqet. The Board shall prepare an annual budget estimate for
Common Services and administration of the Association and fix the amount of the
annual assesSment based on its estimate. Such annual budget shall be prepared and
approved by the Board at least thirty (30) days in advance of each annual assessment
period.
4. Special Assessments for Capital ImproVements.. In addition to the annUal
assessments authorized above, the Association may levy, in any assessment year, a
special assessment applicable to that year only for the purpose of defraying, in whole
or part, the cost of any. construction, reconstruction, repair or replacement or a capital
improvement including the Common Areas and shared access road, including fixtures
and personal property related thereto, provided that any such assessment shall have
the assent of at least sixty per cent (60%) of the members who are voting in person or
by proxy at a meeting duly called for this purpose.
5. NOtice and Quorum for Any Action Authorized under Sections 3 and 4.
Written notices of any meeting called for the purpose of taking any action authorized
under Sections 3 or 4 of this article shall be sent to all members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting, At the first such meeting
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called, the presence of members or of proxies entitles to cast sixty percent (60%) of all
the votes of the membership shall constitute a quorum. If the required quorum is not
present another meeting may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
6. Uniform Rate of Assessment. Both the annual and special assessments
must be fixed at a uniform rate for all Lots and may be collected on a monthly or other
peri°dic basis as determined by the Board. Lots °Wned by the Declarant shall not be
assessed or required to pay assessments of any kind. However, any lot owned by
Declarant on which Declarant has constructed their own residence shall be included in
such assessments.
7. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots subject to assessment
on the first day of the month following the conveyance of the first Lot. The first annual
assessment for lots purchased thereafter shall be adjusted according t° the number of
months remaining in the calendar year. The' Board shall fix the amount of the annual
assessment against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. The due dates shall be established by the Board. The
Association shall, upon demand and for a reasonable charge, furnish a 'certificate
signed by an officer of'the Association setting forth whether the assessments on a
specified Lot have been paid.. .
8. Effect of Non-Payment of Assessments: Remedies of the Association.
Any assessment not paid within thirty (30) days after the due date shall bear interest at
the rate of fifteen percent (15%) per annum. The Association may bring an action at
law against the Owner personally obligated to pay the same, or foreclose the lien
against the Property in' the same manner as real estate mortgages with pOwer of sale
are foreclosed in Wyoming pursuant to W.S. 34-4-101 et seq., and any successor or
replacement statute thereto. No Owner may waive or otherwise escape liability for the
assessments provided herein by non-use of the Common Areas or abandonment of his
Lot.
9. Priority of the Assessment Lien. Sale or transfer of any Lot or the
recording of any'mortgage or other lien against any Lot shall not affect the priority of
the assessment lien.
ARTICLE V - ARCHITECTURAL STANDARDS
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1. Architectural/site Committee; .Organization. There shall be a
Architectural/site Committee consisting of the Board as soon as the Board has been
organized and is operating.
2. Initial Architectural/site Committee. The initial Architectural/site
Committee shall be Eugene D. Roberts and Budis Roberts. However, Burtis Roberts
serves at the sole discretion of Eugene D. Robeds and may be removed by him at any
time in which case Eugene D. Roberts only would constitute the initial Architectural/site
Committee.
3. Architectural/site Committee Duties. No Lot Owner shall construct any
Structure on a Eot without the prior approval of all plans for such construction by the
Architectural/site C°mmittee. It shall be the duty of the Architectural/site Committee to
consider and act upon such proposals for the plans submitted to it from time to time, to
adopt Architectural/site Committee rules pursuant to Section 5 of this Article, and to
perform such other duties from time to time delegated to it by the Association.
4. ArchiteCtura/site 'Committee: Meetings; Action;' Expenses. The
Architectural/site Committee shall meet from time to time as necessary to properly
perform its duties hereunder. The'vote or written consent of a majority of its members
shall constitUte an act by the Architectural/site Committee unless the unanimous
decision of its members is otherwise required by this Declaration. The
Architectural/site Committee shall keep and maintain a record of all action from time to
time taken by the Architectural/site Committee at such meetings or otherwise. Unless
authorized by the AsSociation, the members of the Architectural/site Committee shall
not receive any compensation for services rendered. All members shall be entitled to
reimbursement for reasonable expenses incurred by them in connection with the
performance of any Architectural/site Committee function.
5. Architectural/site COmmittee Rules. The Architectural/site Committee
may, from time to time, and in its sole discretion, adopt, amend, and repeal by
unanimous vote, rules and regulations, to be known as "Architectural/site Committee
Rules". A copy of the Architectural/site Committee ruleS, as they may from time to time.
be adopted, amended or repealed, and 'certified by any member of the Architectural/site
Committee, shall have the same force and effect as if they were part of the Declaration.
The' Architectural/site Committee may record the same if deemed necessarY.
6. Non-Waiver. The approval by the. Architectural/site Committee of any
plans, drawings or specifications for any work done or proposed, or in connection with
any other matter requiring the approval of the Architectural/site Committee under the
Covenants, shall not be deemed to constitute a waiver of any right to withhold approval
as to any similar plan, drawing, specification or matter whenever subsequently or
additionally submitted for approval.
7. Liability. Neither the Architectural/site Committee nor any member thereof
shall be liable to the Association or to any Owner or project committee for any damage,
loss or prejudice suffered or claimed on account of (a) the approval of any plans,
drawings and specifications, whether or not defective, (b) the construction or
performance of any work, whether or not pursuant to approved plans, drawings and
specifications, (c) the development, or manner of development, of any property within
the Property, or (d) the execution and filing of a certificate pursuant to Section 7 above,
of this Article, whether or not the facts therein are correct; provided, however, that such
member has, with the actual knowledge possessed by him, acted in good faith.
Without in any way limiting the generality of the foregoing, the Architectural/site
Committee, or any member thereof, may, but is not required to, consult with or hear the
Association or any Owner with respect to any plans, drawings specifications, or any
other proposal submitted to the Architectural/site Committee.
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ARTICLE VI - DESIGN STANDARDS
1. General Standards. The following standards and restrictions are
applicable to the construction, remodeling, alteration and exterior refinishing of any and
all Structures and improvements and site preparation upon each Lot.
2. Uniform Codes. All structures or improvements shall be erected in
accordance with the current edition of the following uniform codes:
a. Uniform Building Code;
b. International Conference of Building Officials;
c. National Plumbing Code;
d. National Electrical Code; and
e.. National Fire Protective Association International.'
3. Design Character. All buildings shall be constructed in character with
each other specifically by using complementary exterior roofing, building material and
coloring on each building on the properties. All buildings will be painted or faced in
colors that blend into the natural environmen~ and landscape of the area.
a. Exterior materials will be of rough sawed natural wood, peeled log,
stone, .or similar rough textured natural material. No aluminum siding,
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approved by the Architectural/site Committee.
Buildinq Desi.qn. The design of all buildings is subject to the following:
a.
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metal siding, vinyl siding, or cinder blocks shall be used as exterior
material: without written approval. Roof materials shall be cedar shake
or shingle, slate, or ribbed metal or metal shingle roofing with a non-
reflective flat color finish.
All buildings must comply with either the current editions of the
Uniform Building code, the National Plumbing Code, and the National
Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln
County Building and Safety Codes.
Exterior colors shall be eadh tones or such other colors as are
No Structures or improvements shall be constructed on the properties
other than one (1) single family dwelling to be occupied by the' owner,
his lessee, guests and servants, garage(s), a guest house for the Use
of guests and not for rent, storage building(s) to be used to house
vehicles, equipment or supplies, and barn(s) to be used to houSe
horses. All improvements shall be of new, permanent construction
using good quality workmanship and materials.
The minimum floor area of any single family residence shall not be
less than 2,000 square feet as measured by the exterior building
dimensions on the gro~und floor, exclusive of the garage, carport, or
unenclosed porches or decks. All residences must also include an
attached garage large enough for at leaSt 2 automobiles.
No structure shall be erected, altered, placed or permitted to remain
on the Property which shall exceed 35 feet in height. This shall, not
inclUde a walkout basement or underground garage.
Roofs shall have a minimum pitch of five.feet in twelve feet. All
primary roofs shall have a minimum overhang of two feet. Solar
collectors shall not be 'considered roofs. No unpainted metal roofs
shall be allowed.
Solar collectors may be of any construction, materials or pitch required
for efficient operation, but they shall not be placed on any structure i'n
a manner which causes' objectionable glare to any neighboring
resident. Solar collectors shall be integrated 'into the structure of a
residence, garage, carport, or other acceSsorY building and shall not
be free standing. ..
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f. Setbacks shall not be less than thirty (30) feet from any side or rear
boundary line without prior Architectural/site Committee approval.
5. Site Design. Site design shall comply with the following requirements:
a. Fencing shall comply with the following requirements: only fences
consisting of wood posts with top'rail spanning 3 posts and 2 high
tensile wires below will be allowed on the Property.
b. All fuel tanks, water tanks, or similar storage facilities shall either be
constructed as an integral part of a Structure, or shall be installed or
constructed underground.
c. Sanitary Facilities. Each sewage system is the responsibility of the
individual property owner and shall be installed at the expense of the
individual property owner and shall be constructed in conformity with
the laws of the State of Wyoming and Lincoln County, and no privy,
outside latrine, or other like facility shall be permitted except during
construction of a principal residence in which case it is required by this
Declaration to have such a facility. Every Owner Shall refrain from
causing any water 'or pollution emanating from his Lot.
d. '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 the
State of Wyoming, its departments and political subdivisions.
e. All approaches from Lots to any Common Areas within the Subdivision
shall include installation of a culvert to accommodate any water runoff.
6. . Construction. The exterior of any building must be completed within
eighteen (18) months after the commencement of construotion except where such
completion would be impossible, due to size of project, or doing so would result in
undue hardship to the Owner because of strikes; emergencies, or natural calamities;
provided, however, that the Owner is nonetheless obligated to either diligently pursue
completion or removal of the building.
ARTICLE VII
LAND CLASSIFICATIONS, USES AND RESTRICTIVE COVENANTS
1. Land Classifications. All land within the Property has been classified into
the following areas:
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a. Residential; and
b. Common Areas.
.2. General Restrictions.
land, regardless of classification:
a.
The following general restrictions shall apply to all
No building, Structure, sign, fence, refinishing or improvement of any
kind shall be erected, placed, or permitted to remain on any Structure,
Lot or tract, and no excavation or other.work which in any way alters
any Lot from its natural or improved state existing on the date the Lot
was first conveyed in fee by Declarant to an Owner shall be' erected,
placed, done, or permitted to remain on any Structure, Lot or tract until
the plans, specifications have been approved in writing and a building
permit has been issued by the Architectural/site Committee. Plans for
buildings for the refinishing or improvement if the same shall include
scaled floor plans, exterior elevations indicating height, a list of
exterior materials and a site plan.
b.' Two copies of any proposed plans:and related data shall be furnished
to the Architectural/site Committee, one of which may be retained by
the Architectural/site Committee for its records. Any apProval given by
the Architectural/site Committee shall not Constitute a warranty,
express or implied, of comPliance with any applicable building or
safety codes for any other purposes other than the authority for the
person sUbmitting the plan to commence construction.
Residential Area; Uses; Restrictions.
a. Each residential Lot shall be used exclusively for residential purposes,
and no more than one family (including its servants and transient
guests) shall occupy such residence; Provided, however, that nothing
in this subparagraph a shall be deemed to prevent:
(1)Construction of guest houses in accordance with this
Declaration;
.(2) Renting a portion of such residence to a family consisting of not
more than 3 individuals;
(3)Any home-based business, such as a consulting business
operated by telephone, computer and internet, may be
approved by the Architectural/site Committee, provided, that no
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commercial business, such as a shop that is open for business
to the general public, shall be allowed;
(4) The leasing of any lot from time to time by the Owner thereof,
subject, however, to all of the restrictions as may be adopted
from time to time by the Association.
b. Each Lot, and any and all Structures and improvements from time to
time located thereon shall be maintained by the Owner thereof in good
condition and repair, and in such manner as not to create a fire
hazard, all at such Owner's sole cost and expense.
c. There shall be no exterior fires whatsoever except barbecue fires
contained within barbecue receptacles, properly constructed
permanent outdoor fireplaces or fire pits, and such fires for vegetation
and/or rubbish control as may from time to time be permitted by the
Lincoln County fire regulations or during winter months.
d. No pigs, swine, goats, sheep, cattle, turkeys, chickens or any other
domestic.animals or fowl shall be maintained on any Lot other than not
more than 1 horse, except that Owners of Lot(s) of 4 acres or more
may have up to 3 horses, and all Owners of horses must maintain
sufficient grass to pasture or graze their horses and have no dirt
'pastures, and not more than two adult dogs or cats or other generally
recognized house or yard pets. Barking dogs constituting a nuisance
shall be confined in a sound resistant enclosure during normal
sleeping hours.
e. No commercial signs whatsoever shall be erected or maintained upon
any lot. A wooden residential identification sign of combined total face
area of three (3) square feet or less may be erected. A sign
advertising the premises for sale may be erected as needed for such
purposes, provided such sign does not exceed a combined total face
area of six (6) square feet.
f. No noxious, offensive, or noisy activity (disturbance to the peace and
tranquillity) shall be carried on upon any Lot, nor shall anything be
done or placed thereon which may become a nuisance, or cause
unreasonable embarrassment, disturbance, or annoyance to other
Owners in the enjoyment of their Lots. In determining whether there
has been a violation of this subparagraph recognition must be given to
the premise that Owners, by virtue of their interest and ownerShip in
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the Subdivision, are entitled to the reasonable enjoyment of its natural
benefits and surroundings.
No manufactured or modular house, house trailer, mobile home, shack
or similar facility or structure shall be kept, placed or maintained upon
any Lot at any time. The phrase "manufactured or modular house"
means a house or other structure constructed at a location other than
on the Lot where it is to be located and then is moved in one or more
pieces to the Lot. The terms "house trailer" or "mobile home" as used
herein inclUdes but is not limited to any building or structure with
wheels and/or axles and any vehicle used at any time, or constructed
so as to permit its being used for the transport thereof upon the public
streets or highways and constructed so as to permit occupancy thereof
as a dwelling or sleeping place for one or more persons, and shall
also mean any such building, structure or vehicle, whether or not
wheels and/or axles have been removed, after such building, strUcture
or vehicle has been placed either temporarily or permanently upon a
· foundation. However,' Owners may keep a motor home, camp trailer
or similar recreational vehicle on a Lot so. long as the vehicle is
currently registered and not used for residential purposes on the Lot.
Each Lot Owner shall be responsible to pay assessments for the snow
removal and maintenance costs for the subdiVision roads as long as
they are private roads in conjunction with ali other Lot Owners.
Bushes, shrubs, weeds and all other vegetation shall be cleared and
.large trees prUned within the road rights-of-way to improve visibility,
with related costs being common costs.
N° discharge of any firearms in the Subdivision will be allowed. No
hunting of wildlife of any sort will. be allowed within the confines of the
Subdivision.
No inoperative vehicle' shall be kept on the premises for more than
thirty (30) days unless parked in an enclosed building.
All garbage and trash shall be placed and kept in covered, containers
which shall be maintained so as not to be visible from neighboring
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 I~!D,;~ ,shall be placed or permitted to accumulate on
any Lot. No metaIjncluding without limitation scrap metal or metal
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drums shall be kept, stored, or allowed to accumulate on any Lot
except in an enclosed structure.
Owners shall not obstruct the Common Areas. No vehicles of any kind
may be parked or left standing in the Common Areas. The Common
Areas may not be used for random or recreational purposes with ATVs
or snow mobiles:.
ARTICLE VIII - GENERAL PROVISIONS
1. LOt SPlittin..q; Consolidation. TWo or more contiguous Lots within the
Property may be combined. Such consolidated Lots may thereafter be treated as One
Lot and building site, and as such may be subjected to this Declaration the same as a
single Lot except for the purpose of levying and collecting assessments. No Lot may
be divided or subdivided.
2. Assiqnment of Powers..Any and all' of the rights and powers Vested in the
Declarant pursuant to this Declaration may at any time be delegated, transferred,
assigned, conveyed or released by Declarant to the Association, and the Association
shall accept the same, effective upon the recording by the Declarant of a notice of such
delegation, transfer, assignment, conveyance or release.
3. Condemnation of Common Area. If at any time, or from time to time, all or
any portion of COmmon Areas, or any interest therein, shall be taken for any public or
quasi-public use, Under any statue, by right of eminent domain or by private purchase
in lieu of eminent domain, the entire award in condemnation shall be paid to the
AssoCiation and dePosited into either the operating fund or the development fund as
the Association may, in its sole discretion, determine. No Owner shall'be entitled to
any portion.of such award and no Owner shall be entitled to participate as a party, or'
otherwise, in any proceeding relating to such condemnation, such right or participation
being herein reserved exclusively to the Association which shall, in its name alone,
represent the interests of all Owners; provided, however, that the portion of any award
relating to improvements which constitutes a private recreation facility shall be divided
equally among the Owners who, at the time of such taking, are permitted users of such
facility.
4. Notices; Documents; Delivery. Any notice or other document permitted or
required by this Declaration shall be delivered either personally or by mail. If delivery
is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after
a copy of the same has been deposited in the United States mail, postage prepaid,
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addressed as follOws: if to the Association or to the Architectural/site Committee, at
such address as the Association may determine and notify all Owners and Declarant in
writing upon its organization; if to an Owner, then at any Lot within the Subdivision
owned by the Owner; if to the Declarant, at 1145 Bluebird, Munster, IN 46321;
provided, however, that any such address maybe changed from.time to time by an
Owner, by the Architectural/site Committee, or by the Declarant by notice in writing,
delivered to the Association, if organized, or if not to all Lot Owners, and to Declarant.
5. General Maintenance. The maintenance, alteration, replacement and/or
repair of the Common Areas shall be the responsibility of the Board. The Board, as
part of its responsibilities, shall maintain, repair and provide for snow removal and
maintenance activities on all roadways. The maintenance, repair and replacement of
all improvements on each Lot shall be the responsibility of the Owner of such lot.
ARTICLE IX
'ENFORCEMENT, DURATION AND AMENDMENT
1. Enforcement. The Association, or any Owner, shall have the right to
enforce, by any Proceeding at law or in equity, all restrictions, conditions, covenants,
. reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration. If such a proceeding is successfully brought, the party against whom the
action was brought shall pay to the enforCing party all costs thereof including without.
limitation a reasonable attorney fees in addition to any other relief that may be granted.
Failure by the Association or by any Owner to enforce any covenant or restriction
herein Contained shall in no event be deemed a waiver of the right to do so thereafter.
2. Duration of Restrictions. All of the covenants, conditions and reStrictions
set forth in this Declaration shall continue to remain in full force and effect at all times
against the Property and the Owners thereof, subject to the right of amendment or
modification provided for in this Article, for a term of twenty (20) years, after which time
they shall automatically be extended for successive periods of twenty (20) years.
3. Amendment. This declaration may be amended at any time after the
master Plan has been completed and 'at least 20 Lots have been sold, by an instrument
in writing signed by not less than sixty percent (60%) of the Lot OWners, which
amendment becomes effective when the instrument is recorded in the Office of the
County Clerk of Lincoln County, Wyoming. The Declarant shall have the right in their
sole discretion, during such time as Declarant owns not less than ten (10) Lots, to
amend or modify this Declaration by an instrument in writing, and all. Lots within the
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Subdivision including those previously sold shall be subject to such modification. Any
such amendments shall be duly executed by the Declarant and are effective when
recorded in the Office of the County Clerk of Lincoln County, Wyoming.
4. Annexation. Additional residential property or common area may be
annexed to the Property by Declarant at any time, provided only that all of such
additional Property and Owners shall be sUbject to this Declaration.
5. Violation Constitutes Nuisance. Every act or omission, whereby any
restriction, condition or covenant in this Declaration set fodh, if violated in whole or in
part, is declared to be and shall constitute a nuisance and may be abated by Declarant
or its successors in interest, the Association and/or by any Lot Owner; and such
remedies shall be deemed cumul'ative and not exclusive.
6. ConstrUction and Validity of Restrictions. All of' said covenants,
conditions and restrictions contained in this Declaration shall be construed together,
but if it shall at any time be held that any one of the said conditions, covenants of
reservations, or any part thereof, is invalid, or for any reason becomes unenforceable,
no other condition, covenant, or reservation, or any part thereof shall be thereby
· affected or impaired; and the Declarant, grantor and grantee, their heirs, successors
and assigns, shall be bound by each Article, Section, subsection, paragraph, sentence,
clause and phrase Of this Declaration irrespective of the fact that any Article, section,
subsection, paragraph, .sentence, clause or phrase be declared invalid or inoperative or
for any reason becomes unenforceable.
7. No Waiver. The failure Of the Declarant, the Board or its agents and the
Owners to insist, in one or more instances, upon the strict performance of any of the
terms, covenants, conditions or restriCtions of this Declaration, or to exercise any right
or option herein contained, or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment, for the future, of such term, covenant,
condition or restriction shall remain in full force and effect. The receipt and acCeptance
by the Board or its agent of payment of any assessment from an Owner, with the
knowledge of the breach of any covenant hereof, shall not be deemed a waiver of such
breach, and no waiver by the Board of any provision hereof shall be deemed to have
been made unless expressed in writing and duly signed by or on behalf of the Board.
8. Variances.' The .Architectural/site Committee, in its sole discretion, may
allow reasonable variances and adjustments of the foregoing covenants, conditions
and restrictions in order t° overcome practical difficulties and prevent unnecessary
hardships in the application of the covenant~ contained herein. Any variances or
adjustments of these conditions, covenants' and restrictions granted by the said
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Committee, or any acquiescence or failure to enforce any violations of the conditions
and restrictions herein, shall not be deemed to be a waiver of any of the conditions and
restrictions in any other instance.
IN WITNESS WHEREOF, Declarant ha~ ~;ausec~ this First Amended Declaration
to be duly executed as of the ~1 day of I'~)V~/~:;~F , 200,.~.
~ Gale k. Robe.~s
The foregoing instrument was acknow[eCged before ~~~n D. Robo.s
and Gale L. Robe~s, husband and wife, this ~J day of ~v~r. e , 200~
Witness my hand and official seal.
My commission expires:
"'NO'TARY P O'BI..IC
SHELLI MCLACHLAN I
NOTA~ £UBUC° STATE of UTAI'II
~F_.s~.,oosoLrr. #:30 I
COMM. EXP. 1-11-2006 ]
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