HomeMy WebLinkAbout878455 'BOOK4~ ..... PRPAGE 074..- _LONGVIEW RESORT DECLARATION LI~'!.',' t'~..
COVENANTS - CONDI ' STRICT]ONS
~HIS DECLARATION, made on the day hereinafter set forth
and Jean M. Krautter, husband and wife, and Longview Ranch, Inc., a Wyoming
corporation, all of whom ar.e hereinafter referred to as "declarant" the
owner of the property described bel-ow being approximately 96 acres located
in the NW~ of Section 15, T36N, Rll9W, Lincoln County, Wyoming and which
is' hereinafter referred .to as "the property", to-wit:
A tract of land lying within the NWB. of Section 15, Township 36 North,
:Range' 1].9 Wes%, Lincoln County, Wyoming, described mor'e particularly
as fol.].ows:
BEGINNING at the Section Corner common to Sections 9, 10, 15, and 1.6,
of said township and range, and running thence S 0°32'0''
the West boundary line of Section 15, 736.28 feet~
THENCE S 89"58'30" E, 750.00 feet to the Northeast corner of 'Lot 9
of the I:ongview Ranch Subdivision, as recorded in the Office of the
!
Lincoln County Cierk on ~ay 17, ]-995;
THENCE S 0032'0'' E, along the East boundary iine of the i..ongview.
Ranch Subdivisi. on, ].900.00 fee~t to the South boundary of the NW'Fi
of Section 15, and the Southeast corner of I, ot 1 of the subdivision;
THENCE S 89°58'30'' E, a].ong the South boundary of the NW~ of
Section ]-5; 250.00 feet;
THF~NCE N 57°o6,lt5'' E, 5l~.72 feet to a point along the centerline
of the Longview Road;
THENCE along the centerline of the Longview Road, the following
courses and distances: N 76°32'10'' E, 38.28 feet; N 61°21'~O'' E,
630.q~' feet; N 56°59'30'' E, 57/05 feet; N 50°38'35'' E, 191.20
feet; N 62°12'00'' E, 69.8~ feet; N 76°~"20'' E, 57.50 feet;
'S 89°23'05'' E, 56.50 feet; S 82°16'52'' E, 299'.62 feet; a total
of 1~00.~3 feet, to a point of intersection with the Westerly right-
of-way boundary of U.S. ttighway -89;
-1-
TI'II~;NCE N li°0~'06" W, along said right-of-way boundary, 2199.1.9 feet
to point of intersection with tile North boundary line of Section 151
TttENCE S 88~32'5].'' W, along the said North boundary line, 2172.53
feet 'to the Point of Beginning;
ENCLOSIN'G an area of 95.132 acres, more or ]ess, plus a I acre
homestead.
NOW TIIEREFOlqE, declarant hereby declares that all. of the property,
above described, shall he be].d, sold and conveyed subject to the following
covenants, condit4ons and restrictions, which are for th'e' purpose of
protecting the use of the property for a 12 bole golf course and golf c].ub
related buildi, ngs; said "fei.steal bull. dings" to include, but not be limited
to, a clubhouse, lodge, maintenance building, and 2t~ guest cabi~.s _suitable
for' year round recreational activities. Covenants, conditions and
restrJ, ctiens (Ilereinafter some'ti.,nes collectively referred to as "covenants")
shall run with the property and be binding on all. parties having any right,
title or interest i.n the desdri, bed property or any part thereof, their
heirs, s~lccessors and a~si. gns.
ARTICLE 1
LAND USE ANI) RESTRICTIVtg COVENANTS
No part of the property shaI1 be used for any purpose other than a
golf course, golf club' related buildings and resort facilities as all such
uses may be identified and designed on such maps and plats that may be
requested'from the Lincoln County Office of Planning and Development in
Kemmerer, Wyoming.
ARTICLE II
GENERAL PROVISIONS
Section l.. Each grantee of any interest in, owner of any portion of
or user of any of the property pursuant to a document, incorporating by
r~ference this declaration accepts the same, subject to all such covenants,
conditions, and restrictions. Declarant or any grantee, owner or user
shall 'have the right to enforce, by any proceeding at law or in equity,
all. "covenants" reservations, liens and charges now or hereafter imposed
by the provisions of this dec]_arati.on. Failure by declarant or by any
076
owner to enforce any covenant, condition, restriction, or reservation
contained herein sha].l not be deemed a waiver of the right to do so there-
after. A breach of any covenant~ condition or restriction may be 3oined,
abated or remedied by 9ppropriate proceedings. In addition, the dec]al"ant
or other party shall be ent].tled to recover %he'i.r fees, costs, and expenses,
inc].udi~g reasonable attorney's fees, from the party against whom enforce-
ment actiQn is brought. No such breach sha].l affect or impair the lien of
any bona fide mortgage or deed of trust which shall ]]ave been given in
good raj. th and for value] provided, however, that any subdequent owner of
sa].d prope~.ty shall be bound by the said "covenants", wh.ether obtained by
foreclosure or at a trustee sale or otherwise.
Section 2. Every act or omission whereby any covenant, oondition or
restriction Jn this declaration is violated in whole or in part is
declared to be and shall constitute a nuisance'and may be abated by the
declarant or his successors in interest or by any affected grantee, owner
or user and such remedy shall be deemed cumulative and not exclusive.
Section 3- Invalidation of any one of these covenants by 3udgment or
court order sha].] not be deemed to affect other provisions of thJ. s
declarati, on which shall remain in full force and effect.
Section ~. These "covenants"'are to run with the land and shall, be
binding on ali. of the property an(] '"all grantees, owners or users of any of
the proper~'y unt].l June 30, 2020, at which time' said covenants shall be
automatically extended for successive periods of twenty (20) years, un]ess
modified in whole or in part prior t~ that time by declarant or by a
ma3ority of declaran%'s successors in interest in the property. Any change
or modificat].on in the provisions of this declaration shall be valid if
made within the time specified above and if signed by the requ~.red parties
and recorded in the Office of the County Recorder of Lincoln County,
Wyoming,, such modification or .change to be effective from the date of
recording~ Any modification or change to this declaration shall then be
binding '.for successive periods of twenty (9-0) yea.rs unless modified
again according to the terms of this paragraph.
Section 5- This declaration shall be governed by the laws of the
State of Wyoming and shall be binding upon. the heirs, executors,
admJni, strators, successors and assigns of the declarant and the owners.
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Section 6. This declaration sha].l null and void that certain
I.,ongview Declaration of Covenants, Conditions and Restrictions recorded
on the 5th (Jay of June, 1996, in Book ~8~t PR, Page 17~, and recorded as
Number 820958 by the Lincoln County Clerk in Kemmerer, Wyoming.
IN WITNESS WHEREOF, declarants have executed this Declaration on
this 9th day of Janua.ry, 2002, for Longview Ranch, Inc., a Wyoming
corporation.
~::':::~a'fl'.'~::. Krauiter, Secretary D.C. Krautter,
President
't'::::'~'~ .,~C~rPorate Seal)
STATE OF WYOMING :
~ SS.
COUNTY OF LINCOLN':
On this 9th day of January, 2002, before me personally appeared D.C.Krautter
and Jean ~. Krautter, President and Secretary of LongvJew Ranch, Inc., a
Wyoming corporation, described in and who have executed the foregoing
instrument; that the seal affixed to said instrument is the corporate seal
of said corporation; and that the said instrument was signed and sealed
in behalf of said corporation by authority of its Board of Directors; and
said D.C. Krautter acknowledged said instrument to be the free act and
deed of the'I, ongview Ranch Corporation.
WITNESS my hand and official seal:
NOTAR'Y PUBLIC