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HomeMy WebLinkAbout898829898829 RIDGE ESTATES RECEIVED LINOOLr',? COLI~,!Ty OLERK DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION is hereby made and entered into this the 14th day of April, 2004, by RIDGE PROPERTIES L.L.C., a Wyoming limited liability company (the "Declarant"). RECITALS WHEREAS, Declarant is the owner of that certain real property situated in Lincoln County, Wyoming, known as RIDGE ESTATES, as more particularly described on Exhibit "A", attached hereto and made a part hereof (sometimes referred to herein as RIDGE ESTATES or as the "Subdivision"). WHEREAS, Declarant has established a general plan, set forth in this Declaration, for the subdivision, improvement and development of RIDGE ESTATES, and each and every lot and parcel located in the Subdivision, and desires to secure the harmonious and uniform development of the Subdivision in accordance with this plan of development. WHEREAS, Declarant deems it desirable to establish covenants, conditions, easements and restrictions upon the Subdivision and each and every portion thereof, which will constitute a general scheme for the management of the Subdivision, and for the use, occupancy and enjoyment thereof, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subdivision and enhancing the quality of life therein. WHEREAS, RIDGE ESTATES Homeowners Association, Inc., a Wyoming non-profit corporation (the "Association,), has been formed to provide the efficient management of the Subdivision. The Association shall have delegated and aSsigned the powers of managing, maintaining and administrating the Subdivision and administering and enforcing these covenants, conditions and restrictions and collecting and disbursing funds pursuant to the assessmentS and charges hereinafter created and referred to, and to perform such other acts as shall generally benefit the Subdivision. ARTICLE I Declaration NOW, THEREFORE, Declarant hereby declares that all of RIDGE ESTATES and all other property that becomes subject to this Declaration shall be owned, held, transferred, sold, conveyed, encumbered, leased, rented, used, occupied, improved, altered, maintained and enjoyed subject to the following covenants, conditions, restrictions, assessments, charges, servitudes, liens, reservations, exceptions, easements, privileges, rights and other provisions hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property and every part thereof, and all of which shall run with the land and shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in RIDGE ESTATES or any part thereof, and their respective heirs, personal representatives, successors and assigns. ARTICLE II Definitions Unless otherwise provided for herein, the following terms shall have the meaning ascribed below. 2.1 Articles of Incorporation or "Articles" means the Articles of Incorporation filed with the Secretary of State for the State of Wyoming forming Ridge Estates Homeowners Association, Inc., a non-profit corporation. 2.2 Aspen Ridge means that portion of the Subdivision described on the Aspen Ridge Estates Plat and shall be comprised of lots 1 through 19. 2.3 Assessment shall mean the annual assessment and any special assessment declared and implemented by the Board of Directors. 2.4 ASsociation shall be the Ridge Estates Homeowners Association, Inc. 2.5 Association Areas are the following areas/items depicted on the Plats which have been established to benefit all Homeowners within RIDGE ESTATES and are maintained by the Association: Ridge Park; the Pond; the Trail System; the Landscape Berm; the Roads; and the Fences located along the boundary of the Subdivision. 2.6 Budget and Operating Budget means a written itemized estimate of the operating expenses to be incurred by the Association in performing its functions hereunder and adopted by the Board of Directors. 2.7 below. Building Standards means those criteria set forth in Section 5.4 2.8 Bylaws means the Bylaws of the Association, which have been or will be adopted by the Board of Directors of the Association, as amended from time to time. 2.9 Common Expenses means any expenditures made or liabilities incurred by or on behalf of the Association, together with any allocations to reserves, including, but not limited to the following: (a) The costs of maintenance, management, operation, repair and replacement of the Association Areas and all other parts of the Subdivision which are managed or maintained by the Association; (b) The costs of Improvements constructed from time to time by the Association upon or in connection with the Association Areas, if costs were included within a duly adopted Budget; (c) Unpaid Assessments by any Homeowner; (d) The costs of management and administration of the Association, including compensation paid to outside accountants and attorneys, postage, office supplies and similar expenses; (e) The costs of utilities attributed to the Association Areas and maintenance costs attributable to: The Landscape Berm; irrigation; the ROads; the Fences; the Pond; Ridge Park; the Trail System; the Escape Route Easement (Section 6.5 below); snow removal from the Roads; and all other costs; (f) The cost of insurance and/or fidelity bonds maintained by the Association for the purposes it deems prudent; (g) Reserves for contingencies, replacements and other proper purposes as deemed appropriate by the Board of Directors to meet anticipated costs and expenses for periodic repairs within the Association Areas; (h) Real property, income and other taxes for which the Association is liable; (i) The costs incurred by the Design Review Committee, if any; and, (j) Other expenses incurred by the Association for any reason whatsoever in connection with the Association Areas or in furtherance to the purposes of the Association or in the discharge o[ any duties or powers of the Association. 2.10 County is Lincoln COUnty, Wyoming. 2.11 Covenants means this instrument, as amended, and the contents thereof. 2.'12 company. Declarant is Ridge Properties L.L.C., a Wyoming limited liability 2.13 Design Review Committee or DRC shall be the committee established pursuant to the provisions of Section 5.1 hereof. 2.14 Developer is Ridge Properties L.L.C., a Wyoming limited liability company. 2.15 Home orLot means any residential lot in RIDGE ESTATES, whether it is improved or not. Homeowner means any person who owns a Home. 2.16 Improvements means any improvements, structural or otherwise, alterations, additions, repairs, excavation, grading, paving, landscaping or other work which in any way alters any property within the Association Areas. 2.17 Meadow Ridge means that portion of the Subdivision described on the Meadow Ridge Estates Plat and comprised of lots 1 through 27. 2.18 Member, Members and Membership List shall have the meaning set forth in Section 4.1 hereof. 2.19 Notice shall be given to the recipient in writing delivered through the mail at the address set forth on the Membership List or if to the Association, its Board of Directors or its officers, the address shall be that of the Association headquarters. 2.20 OccuPant means any person who is a tenant of a Home pursuant to a lease with the Homeowner and also persons who reside in the Home as a family member, or as a guest. 2.21 Plat means the Final Plat for Aspen Ridge and Meadow Ridge, as recorded in the Office of the Clerk of Lincoln County. 2.22 Roads shall mean Aspen Ridge Trail, Meadow Ridge Road, Lucy Circle and the Ridge Park parking lot. The Roads are all private and the Association shall have a perpetual easement. All Occupants and-their guests shall have the right to use the Roads. 2.23 Subdivision is the real property described on the attached Exhibit "A" and is commonly known as RIDGE ESTATES. 2.24 Trail System shall be the hiking/cross country ski and limited vehicle trail described in Section 6.4' below. '@^!]eJ@do aq o1 pauJaap aq Ili~ ~@~^ @A!]O!J]S@J aJOLU @q], 'uo!;ll~]gJdja:~u] JO ),O!lJUO0 Ul aJe e^oqe 9LI1 JO @JOLU JO O/Vq Jl 'uo!]e!oossv aq), Jo suo!]eln6@j puc s@lnJ Jaq]o Jo @q] 'SalO!~V @q] 's]ueua^o0 @saq] jo uo!lelO~^ u~ ~q PlnO~ 'Jo iuo!io!ps~Jn[ 6u~^eq /~poq lelU@UUUj@^ol~/~ue jo apoo JO uo!]~ln6aj '@oueu!pJo '~el Jaqio Jo '~o~ '~]unoo '@leis 'leJapaj ~ue jo uo!]elO!^ u! @q plnot~ :uo!le!oossv aLII ~q pau]e]u!eLu @oueJnsu! 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J@qlo Jo Ile~ 'aou@j 'eJn~,onJ:lS '6u!pl!nq ou 'u!@j@q p@p!^oJd @s?cdeq]o se ]deoxE1 io~,uo3 ]uetUdole^aQ ~.£ 'joaJ@ql ~,UeLU/~O!U@ puc iu@tUdol@^ap 'l~U!],@:~JeUJ @ql @:louJoJd o] pue uo!s!^!pqns jo sseu@^!loej~e pue/~]!l!qeJ!s@p '@hie^ alii` @3ueque o~, J@pJo u! lie 'uo~s~^~pqnS @q:l jo/~3uedno3o pue @sn ':lueLUdole^@p '1ueu~@^oJdLu! alii JOJ Uel~l ie'~eua8 puc uouJuJo3 e asodLu! pue qsilqe]s@ o1 ]uejelo@E] .Jo uo!luelu! eq] s! 11 III ~1-131I~!¥ 550 and meets the approval of the Design Review Committee. In addition to the res~'dence, a Homeowner may also construct on a Lot a detached garage, a guesthouse, a caretakers quarters or one storage building, each of which shall be of similar design character to the principal residence. In no event will the total number of structures constructed on any Lot exceed three (3) in number. Single-family occupancy shall mean occupancy of the residence by a family comprised of no more than two principal adults, their children, any two blood related family members (children or adults) and occasional guests. Each Lot shall be for residential purposes only. No business, professional or other non-residential use may be made of any Lot. Only in-home businesses that are conducted entirely inside the residence will be allowed and they will not involve any of the following: More than one employee who is not an Occupant; solicitation or invitation of the general public; servicing of customers; and, any additional traffic or parking. No signs will be allowed to be displayed on any Lot, except a real estate sign depicting the Home to be for sale. 3.6 Resubdivision. No Lot may be further subdivided or split under any circumstances. 3.7 Construction. No construction may begin without first obtaining the approval of the Design Review Committee. All construction within RIDGE ESTATES shall be new. No used or temporary house, structure, or non- permanent out-building shall ever be'placed, erected or allowed to remain within the Subdivision, except construction trailers used during the construction phase of a Home. Once construction begins, the Homeowner commits to proceed with construction in a diligent manner and will complete the structure within eighteen (18) months of its commencement, unless an extension is granted by the DRC. No trailers, modular homes or other similar pre-fabricated structures, excluding "log kit" residences, shall be allowed to be used as a residence, either temporarily or permanently. Each Homeowner will provide a sanitary facility for construction personnel onsite at a location approved by the DRC. No fires will be permitted to burn construction debris. Construction will only be allowed at times approved by the Board of Directors. Homeowners will be responsible and liable for any damage caused by them, or their construction personnel, to the Roads, utilities or the Association Areas. Each Homeowner will be required to maintain their Home during construction in a neat and orderly manner. No large piles of construction debris will be allowed. 3.8 Enhanced Septic System. RIDGE ESTATES does not have a central sewage system and due to the density of development within the Subdivision, the County regulations prohibit a traditional septic system. As such, all Homes in the Subdivision shall have constructed an Enhanced Septic System that meets the construction design approved by the County and/or the Wyoming Department of Environmental Quality. The Homeowner will be required to conduct site-specific testing as per County regulations to ensure that subsurface conditions are such that regulatory design standards, including separation distances can be met. The enhanced septic system shall be designed and certified by a Wyoming licensed professional engineer. The Homeowner will be required to enter into an ongoing maintenance agreement that provides for semi- annual examination by a qualified person. This agreement will be presented to the County for approval at the time of building permit application. The County plans to require that such agreement will be filed of record and will run With the land. 3.9 Central Water System; North Alpine Improvement and Service District. RIDGE ESTATES will have a central water system that will provide domestic water usage and fire protection. The Subdivision has been annexed into and has become a part of the North Alpine Improvement and Service District (the "District") for the purpose of providing and maintaining the water system. The Subdivision will not participate or be liable for any services provided by the District other than the water system. All Homeowners shall be required to pay a pro rata share of the annual debt service, which may be owed by the District for the specific purpose of construction of water system improvements. Such debt service shall be based upon terms established by the DEQ Revolving Loan Fund Program ("DEQ-RLF") at an interest rate of two and one-half (2½%) percent APR for twenty (20) years. All Homes Shall be charged for the repayment of such debt at a uniform rate with all lots within the District that'are outside the boundary of the Subdivision. Payments sh'all be made according to DEQ-RLF procedures, which usually require annual payments with the first annual payment becoming due in 2005. The debt .service payment requirement shall apply to all Lots regardless of whether they are occupied or vacant. All Homeowners will be required to comply with all rules, regulations and bylaws of the District regarding the connection to and use of the water supplied by the District, including water use restrictions during times of drought or limited water supply or as otherwise determined by the District. Each Homeowner will be required 'to furnish and install a meter box, meter, meter setter, check valve, couplings and pit/box between the curb stop and the property line, which is acceptable to the District. The Homeowner shall obtain a copy of the District meter Specifications from the Association prior to the commencement of construction. The drilling of individual wells by any Homeowner on any Lot is strictly prohibited. 3.t0 Pets and Livestock. No horses or other livestock will be allowed in RIDGE ESTATES at any time or for any purpose. Horseback riding will be prohibited in the Subdivision. HomeoWners will be allowed to have up to three house pets, including dogs and cats. All pets shall at all times be kept under control so that they do not cause a nuisance to neighboring Occupants. Pets will be permitted on the Trail System and in Ridge Park; provided, they are kept under control and that the owner of the pet immediately cleans up after the pet and properly disposes of the waste. If any pet is determined t° be harassing wildlife, other pets or people, the Board shall issue a warning to the pet owner for a first offense. A second offense will result in a fine of up to $250.00 and a third offense in a fine of up to $1,000.00. A violation in excess of the foregoing penalties shall result in the Board of Directors having the authority, in its sole discretion, of requiring the pet to be permanently removed from the Subdivision and may prohibit the Occupant from having any future pets. All Homeowners and Occupants agree to be bound by these rules and any additional rules or regulations promulgated by the Board of Directors and the Association shall have no liability, whatsoever, to the Homeowner or Occupant for enforcement of such rules and regulations. The Association will have the ability to proscribe additional rules and regulations regarding house pets as it determines reasonable. 3.11 Wildlife and Habitat. RIDGE ESTATES and the surrounding areas are rich with wildlife and natural habitat. The Subdivision has been developed with a view toward preserving the natural character of the environment and in minimizing the interference with the historical wildlife migration patterns. Homeowners and Occupants are expected to respect this philosophy in the construction of structures on their Lot and in their conduct while residing in RIDGE ESTATES. Under no circumstances will Homeowners be allowed to feed the wildlife either directly or by the means of a feeding trough or other mechanical devices. Aspen Ridge Homeowners are expected to minimize the removal of trees and other natural plant material, except to the extent required for the construction of their residence and other approved structures, driveways and a fire protection zone. The Meadow Ridge Homeowners who own Lots 10 through 23 shall make every effod to preserve the natural landscape of the hillside located on their respective Lot. 3.t2 Fire Free Zone; Noxious Weed Control. Aspen Ridge' lies within the forest/urban interface and has an increased fire danger. Homeowners are encouraged to participate in the "Forest Stewardship-Wildfire Mitigation" program provided by the National Forest Service and implemented by the Alpine fire department. At a minimum, Aspen Ridge Homeowners shall: Keep an area up to thirty (30) feet from their residence clear of trees and overgrowth of ground vegetation (slash); allow no more than 2 small slash piles per lot; remove all dead trees; keep gra,ss short and tidy; trim trees so that all branches are 8 to 10 feet above the ground; and keep all shrubs and other landscape material neatly trimmed. Under no circumstances shall any Occupant of RIDGE ESTATES be allowed to have any outside fires, except in a contained bar-b-que. All Homeowners within the Subdivision shall take necessary steps to control and prevent the spread of noxious Weeds. If the Homeowner fails to meet the stated fire safe standards set forth above or to control the spread of noxious weeds, the Board of Directors may .issue written demand of the Homeowner to cure the problem within a stated period. If no action is taken, the Association may contract to have the problem remedied and the personnel hired shall have the right to enter the Lot and correct the problem. The Association shall charge the Homeowner the cost of the services as a special Assessment as provided in these Covenants. 3.13 Fences. No boundary fence around the perimeter of any Lot or around a Home shall be permitted. The following are the only fences permitted on any Lot, the height, length, size, construction type, and color of which shall be approved by the Design Review Committee and shall act as a visual extension of the architectural design of the residence: a) Fences around garden plots and swimming pools; b) A dog kennel; provided that the kennel is contiguous to and bordered on one side by one of the three permitted structures and is no less than 25 feet from the Lot boundary and contains no more than five hundred (500) square feet; and, c) Site walls, screen walls and privacy fences. 3.14 Garages; Parking; Automobiles and Other Motorized Vehicles. Each Home shall have a garage that is capable of parking at least two (2) automobiles. No more than two (2) automobiles will be entitled to be parked overnight in a residence driveway and no overnight vehicles will be allowed to be parked on any Road. No vehicles will be allowed to be parked for a prolonged period outside of the garage in a state of disrepair. Snowmobiles, 4-wheelers, motorcycles and similar recreational vehicles may be stored at a residence; provided, they are kept inside a garage or secondary building. Snowmobiles and other recreational vehicles may only be driven within RIDGE ESTATES as follows: To vacate the vehicle from a Home to the highway; to enter the Trail System for the purpose of accessing the Forest, WhriCh shall only be available through the easement described in Sections 6.4 and 6.5 hereof; by drivers who have a valid drivers license; operation of such vehicles will only be allowed during the hours of 8:00 a.m. to 5 p.m.; no such vehicles will be operated on any portion of the Subdivision other than as is set forth in this paragraph; and, all such vehicles shall be driven at a maximum speed of 15 miles per hour. The Association shall have the right to prohibit, temporarily or permanently, any Occupant from driving recreational vehicles within the Subdivision if it is determined that such person is in violation of these rules. All automobile traffic shall observe a 15 m.p.h, speed limit. 3.15 Lighting. No Home shall be permitted to have any lighting that is unreasonably bright or causes glare on any adjacent Lot. All exterior lights shall be downcast by design at no more than a 45-degree angle from a vertical line to the ground. All interior lights shall be designed to avoid emission of glare or unreasonable brightness from any window, door or other opening in the building. Exterior lighting, except downcast walkway and driveway lighting not more than three (3) feet aboVe ground, shall not be used for extended periods, shall not be left on overnight, and shall not be used unless the Home is Occupied. Christmas or holiday lighting will be permitted so long as they do not violate the glare or brightness standards. 3.16 Noxious or Offensive Activities; Fireworks. No noxl'ous or offensive activity shall be permitted on any Lot. No unreasonably loud or annoying noises, or noxious or offensive odors shall be emitted beyond the lot lines of any Lot. No Occupant shall be permitted to maintain a nuisance on any Lot, either by use, activity, neglect, abandonment failure to maintain structures or by allowing an unreasonable risk of fire or otherwise. No use, activity or condition on any Lot shall violate any state or local law. Fireworks will be strictly forbidden in RIDGE ESTATES. 3.17 No Firearms or Hunting. The discharge of firearms within RIDGE ESTATES shall be strictly forbidden. Hunting by any means shall also be strictly forbidden within the boundaries of the Subdivision. 3.18 No Unsightliness; Clothes Drying; Sporting Equipment. All unsightly structures, facilities, equipment, objects and conditions, including sporting equipment (e.g., skis, snowboards,' bikes, kayaks, boats, campers, etc.), and snow removal, garden or maintenance equipment except when in actual use, shall be kept in an enclosed structure or in a.screened area approved by the Design Review Committee. No laundry or wash shall be dried or hung outside any residence. No bright colored tarps may be used on a Lot, except in a screened area. 3.19 Garbage and Trash. N° refuse, garbage, trash, grass, shrub, or tree clippings, or debris of any kind shall be kept, stored, maintained or allowed to accumulate or remain on any Lot, except temporarily within an enclosed structure or in a container temporarily placed next to the street on the designated morning for garbage collection. 3.20 Equipment, Tanks, Satellite Dishes, etc. All heating or air conditioner equipment shall be placed on the ground and concealed by approved screening from the Design Review Committee. Tanks, including'propane tanks, shall be placed underground at least fifteen (15)feet from any structure. No satellite dishes or other antennae shall exceed one meter in diameter and they shall be placed in such a manner as to not interfere with the view of any neighbor. 3.21 Excavation. No excavation shall be performed on permitted, except in connection with the construction of an approved structure. No excavation will be permitted until the Homeowner receives the prior written permission from the Design Review Committee and has a valid building permit issued by the County. Upon the completion of construction, the Homeowner shall cause the reclamation of all disturbed areas, which shall include backfilling, compacting, grading and landscaping. Grading shall cause proper drainage ]0 away from the Home and shall be directed away from all neighboring Lots. The elevation of a Lot, or any portion thereof, shall not be altered to materially affect the surface or visual elevations of another Lot in the Subdivision. No rock, gravel, clay, topsoil or other soil material shall be removed from any Lot other than for the actual construction of approved structures. 3.22 Driveways; Lot snow removal. All driveways shall be completed in one of the following manners: Paved, concrete or gravel. All driveways shall have a road base of'at least eight (8) inches of pit run and four (4) inches of ~ inch crushed rock. Each Homeowner will be responsible for the removal of snow on his own Lot. Snow removal shall not interfere with the peaceful enjoyment of a neighboring Lot. 3.23 Meadow Ridge Tree Planting. Upon the completion of Construction of the primary residence, Homeowners of Meadow Ridge Lots shall cause to be planted a minimum of six trees on their respective Lot. 3.24 Use of Ridge Park, the Pond and the Trail System. All Homeowners, Occupants, their guests and invitees shall have the perpetual use AT THEIR OWN RISK of Ridge Park, the Pond and the Trail System for their recreation pleasure, subject to the fOlloWing: a) Each person using Ridge Park, the Pond or the Trail System shall be responsible to clean the area of their use after their visit. b) Use of Ridge Park, the Pond and the Trail System shall be subject to rules and regulations adopted and published from time to time by the Association. c) Homeowners and Occupants shall be responsible for the use of Ridge Park, the Pond and the Trail System by each of their guests or invitees. d) Abuse of these privileges shall enable the Board of Directors to deprive use of Ridge Park, the Pond and/or the Trail System or to take other action as they deem appropriate under the circumstances. ARTICLE IV The AssoCiation Ridge Estates Homeowners Association, Inc., is a non-profit Wyoming corporation, and has been formed to provide the efficient management of the Subdivision. The AssoCiation shall be comprised of two classes of Membership · and shall be operated in the following manner: 11 4.1 Members. The classes, rights and qualifications of the Members are as follows: a) Class 1. A Members. Defined. Class A Members shall be comprised of all Homeowners, with the initial exception of the Developer, and they shall each have one (1) vote for each Lot owned. Every Homeowner upon acquiring title shall automatically become a Member of the Association and shall remain a Member thereof until such time as his ownership of such Lot ceases, at which time his Membership shall automatically terminate. 2. One Membership per Home. One Class A Membership and one Vote shall exist for eacJh Home, excepting those Homes owned by Developer. If title to the Home is held by more than one person, the Membership related to that Home shall be shared by such owners in the same proportionate interest and by the same type of tenancy in which the title to the Home is held. Voting rights may not be split and shares of Membership interest must be voted pursuant to the nomination contained on the Membership List. 3. Membership List. The Association shall maintain a current Membership List showing the Membership pertaining to each Home and the person designated to cast the one vote pertaining to such Home. Only one person so designated shall be entitled to cast a vote in person or by proxy. A designation may be changed by notice in writing to the Secretary of the Association signed by a majority of the persons having an ownership interest in the Home. 4. Transfer of Membership. Each Membership shall be appurtenant to the Home upon which it is based and shall be transferred automatically upon conveyance of that Home. Otherwise, membership in the Association may not be transferred. Upon the transfer of the Membership, the new Member shall provide to the Secretary of the Association for recordation the date of transfer, the name of the person designated to vote and any other information about the transfer that the Association may deem pertinent. b) Class B Member. The Class B Member shall be the Developer who shall be entitled to three votes for each Lot it owns. The Class B Membership shall cease and shall be irreversibly converted to Glass A Membership at such time as the Developer has sold and conveyed seventy-five (75%) percent of the Lots to third party purchasers at which time the Developer shall become a Class A member with the attendant one vote per Home status. 4.2 Developer's Initial Rights. All rights, titles, powers, privileges, trusts, duties and obligations vested in or imposed upon the Board of Directors in these Covenants and the Bylaws shall be held and performed by the Developer until election of the initial Board of Directors of the Association. 4.3 Quorum and Member' Meetings. A quorum for Members' meetings shall consist of fifty-one (51%) percent of the votes entitled to vote. Provisions for proxies, adjournments, time, place, notice and the calling of meetings are discussed in detail in the Bylaws and a copy of same may be obtained from the Secretary of the Association. 4.4 Board of Directors. Pursuant to the powers and authority vested in it by Wyoming statutes and by the Articles of Incorporation and the Bylaws, the Board of Directors shall be responsible for the enforcement and administration of these Covenants and shall take all actions necessary to enforce them, including judicial remedies. The Board of Directors shall have the authority to adopt such rules and regulations, as it may reasonably deem appropriate to enforce and to further the interests and purposes of these Covenants. The initial Board of Directors shall consist of two persons appointed by the Developer to serve until the Class B Membership terminateS. Thereafter, the number'of directors may be increased up to 7 based upon the vote of the Members. The Bylaws delineate all powers and duties of the Board of Directors and they provide discussion about: Nominations, elections, terms in office, vacancies, removals, meetings, notices, quorum, fidelity bonds, indemnification and consents. Members may obtain a copy of the Bylaws from the Association headquarters. .. 4.5 Officers. The primary business of the Association shall be conducted by duly elected officers who shall serve under the direction of the Board of Directors. The officers shall consist of a PreSident, Vice President, Secretary and a Treasurer. The Bylaws provide detail regarding the officers, including, designation, election, removal, check writing authority, liability, compensation and indemnification. 4.6 Operating Budget. The Board of Directors shall determine the COmmon Expenses of the Association for operation and maintenance and shall prepare an annual Operating Budget. The annual Operating Budget shall provide for two funds: The "Operating Fund" and the "Reserve Fund". The Operating Fund shall be used for all Common Expenses which occur with greater than annual frequency, including amounts required for the costs Of maintenance of the Association Areas, insurance, common services, utilities, real estate and income taxes and administration expenses. The Reserve Fund shall be assessed at times and in amounts as determined by the Board of Directors and shall not accumulate to more than $25,000.00. This Reserve Fund shall be used for extraordinary maintenance and repair expenses of Association Areas and facilities. In the event the Association incurs extraordinary expenditures in excess of the funds included in either of the Operating Fund or the Reserve Fund, the Board of Directors may call for a special Assessment in order to replenish the depleted funds. In the event that a Home is need of repair to bring it in line with the Covenants, the Board of Directors may issue written demand of the Homeowner to make the necessary repairs within a specified period of time, not to be less than fourteen (14) days. If the Homeowner refuses to make such repair, the Board of Directors may determine that the Association will make the necessary repair and pay for same from the Reserve Fund. Thereafter, the Homeowner will be responsible for such repair and he will be issued a special Assessment for the full amount of the repair costs. 4.7' Assessments. Each Member shall be Assessed annually for their respective share of the Operating Budget. Assessments shall be allocated among the Members based upon the number of Lots owned by such Member over the total of 45 Lots in the Subdivision. Each Assessment shall state the due date for payment by the Member and if not paid on or before the due date, the Assessment shall bear interest at the rate of one and one-half (11/2 %) percent per month until paid in full. The Association is granted authority to a lien against the Home of a delinquent Member in accordance with Wyoming law and to seek foreclosure action if the Board of Directors deems it necessary. The annual Operating Budget shall be prepared and determined by March 1 of each calendar yea[. The Board of Directors shall advise all Members in writing of their respective share of the Assessment for the upcoming year's Operating Fund and Reserve Fund by no later than April 1 of that year. Such notice of Assessment shall include a detailed copy of the annual Operating Budget and a justification for the additional call for the Reserve Fund. Any Member will be entitled to submit to the Board of Directors by April 15 a detailed written alternative Assessment proposal for either the Operating Fund or the Reserve Fund. Unless an alternative Assessment proposal is submitted in a timely manner, the proposed Assessment of the Board of Directors will become binding on the Members. In the event an alternative proposal is submitted to the Board of Directors as set forth above, the Board will afford the submitting Member reasonable time at the meeting to present his plan to the Membership and will thereafter allow such alternative plan to come before the.Members for a vote. A vote of seventy-five (75%) percent of the Members will be required to be in favor of the alternative plan as so presented in order to overturn the decision of the Board of Directors regarding the Assessment. In no event will an alternative 14 plan be acceptable which proVides a reduction of the Operating Budget that is less than the preceding two-year average. The Board of Directors at the Annual Meeting or at a special meeting may propose special Assessments. If proposed at an Annual Meeting, the request for special Assessment shall be submitted to the Members by April 1 along with the annual Assessment proposal. If proposed for a special meeting, the Board shall submit the call for special Assessment thirty (30) days in advance of the special meeting. All procedures set forth above regarding the annual Assessment shall also be applicable to the special Assessment. 4.8 Default by Member of an Assessment; Foreclosure. If a Member is in default in payment of any Assessment for a period of more than thirty (30) days, the Board of Directors may bring suit for and on behalf of the Association to enforce collection of such delinquencies or to foreclose the lien. Any such action shall seek recovery of the full-assessed amount together with interest and costs associated with the action, including reasonable attorneys' fees. If seventy-five (75%) of the Members vote in favor, the Association shall be entitled to bid upon and purchase a Home that is to be sold pursuant to a foreclosure action. During the period a Home is owned by the Association following a foreclosure purchase: No right to vote shall be exercised on behalf of the Home; no Assessment shall be assessed or levied on the Home; and, each other Home shall be charged its equal share of the Assessment that would have been charged to such Home had it not been acquired by the Association. If the lien is fully satisfied, including the payment of interest and all applicable costs and expenses, the Association shall file of record a release and satisfaction of the lien and a notice of rescission of the foreclosure action. A Member in default who serves the Association as a director or as an officer shall automatically be removed from their office upon the event of default. A Homeowner who is default may not Vote at any meeting of the Members or of the Board of Directors. 4.9 Borrowing Money, Acquiring and Conveying Property and Capital Improvements. The Bylaws provide standards for the Association in the matters captioned in the heading of this paragraph. ARTICLE V ARCHITECTURAL REVIEW AND STANDARDS 5.1 Purpose; Design Review Committee. The Building Standards have been created in order to ensure that all improvements at RIDGE ESTATES preserve the natural beauty of the mountain valley and forest setting, ensure harmonious residential design, and protect and enhance Property values. The · Standards are intended for use by all persons involved in new buildings as well as subsequent additions or alterations to any structure located on any Lot. All 15 structures in RIDGE ESTATES shall have an American West or Mountain Home design theme. The Building Standards are administered and enforced by the Design Review Committee (DRC) in accordance with procedures set forth in these Covenants. The DRC's role is to provide assistance to Homeowners and their chosen design professionals and to ensure that the design process is a satisfying experience. The Building Standards are supplemental to the Uniform Building Code, the National Plumbing Code, the National Electrical Code, and the Lincoln County Building Codes and in the event there is a conflict between these Covenants and the building codes, the more restrictive document shall govern and control. Until the Class B Membership is terminated, the Developer shall assume the role of the DRC. Upon the termination of the Class B Membership, the DRC shall consist of three (3) HOmeowners appointed by the majority of the Members at the Annual Meeting. The DRC members shall serve for a term of three (3) years. A member of the DRC can be removed at any time, with or without cause, by a vote of a majority of the Members at a duly called meeting. 5.2 Plan Approval. No building shall be erec[ed, altered, or remodeled until a site plan, construction plans and specifications have been approved by the DRC as to the quality of the workmanship, compliance with permitted materials, harmony of the external design with existing structures, as to the location with respect to topography and finish grade elevation (the "Approved Plans"). Additionally, no fence, wall, swimming pool or other construction shall be erected, placed or altered on any Lot without Prior approval of the DRC. The Board of Directors reserves the right to charge a fee payable to the Association at the time of the submittal of plans to be reviewed by the DRC. The approval or disapproval of the DRC as required in these Covenants shall be in writing. In the event the DRCfails to give approval or disapproval within thirty (30) days after plans and specifications have been submitted, approval shall be deemed to have been given. The Homeowner shall obtain from the Association a copy of the 'North Alpine Improvement and Service District water meter specifications prior to the commencement of construction. The DRc shall actively monitor construction to assure that the actual construction is in compliance with the Approved Plans. Any member of the DRC, of the Board of Directors, or an Association Officer may, at any reasonable time, and without being deemed guilty of trespass, enter a structUre under construction to inspect and ascertain that the construction is proceeding in accordance with the Approved Plans. If it is determined that the construction is not in compliance with these Covenants or with the Approved Plans, the DRC shall have the authority to halt the construction until such time as the Homeowner causes the construction to be brought into compliance. 16 5.3 Non-Liability For Plan Approval. Plans and specifications shall be approved by the DRC as to style, exterior design, appearance and location, and are not approved for engineering design for compliance with zoning and building ordinances. By approving submitted plans and specifications, neither the DRC, the members thereof, the Association, the Members, the Board of Directors nor the Developer assumes liability or responsibility therefore, or for any defect in any structure constructed from such plans and specifications. 5.4 Building Standards. The following criteria shall be the standards by which all structures shall be constructed in RIDGE ESTATES: a) shall be as folloWs: i) Meadow Ridge: The Minimum/Maximum Home size, excluding the garage ii) Aspen Ridge: Minimum = Maximum = Minimum = Maximum = 1,600 square feet 4,000 square feet 2,500 square feet 8,000 square feet b) The first floor of two story homes must have a minimum square footage equal to at least sixty (60%) percent of the total square footage (excluding garage) of the residence. Basements will be allowed', however, the 60% minimum for the first floor (main living area; above ground) will be required. c) Building height shall not exceed thirty-five (35) feet above the finished grade of the Lot. Subject to County rules and regulations to the contrary, Homes that are "hillside" homes shall have their height measured from the bottom of the main floor to the top of the highest ridge. d) Ancillary structures such as detached garages, storage sheds, caretaker quarters and guesthouses are to be designed as an integral part or extension of the main residence. e) Roof pitches shall be at a minimum of 5:12 and a maximum of 12:12. No "A Frame" or dome structures shall be allowed. Porch roofs and limited shed roofs are exempt and may be as shallow as 3:12; provided, they do not exceed thirty (30%) percent of the entire roof. Roof material shall be either cedar shakes (discouraged in Aspen Ridge due to fire danger), asphalt shingles with a minimum twenty-five (25) year warranty and earth tone in color ("Weathered Wood" is a preferred color), or metal roof which is dark green or brown .in color. f) All exterior finishes shall be wood, stone, brick, log or any combination thereof. Limited use of stucco as an accent may be considered. Exterior colors shall be of the following: Black, grays, browns, dark greens or natural wood. Concrete stem walls shall not 17 extend more than twelve (12) inches above the finished grade and shall be painted to blend in with the color of the exterior finish. g) Roof vents and other projections, except fireplaces, shall be on the backside of the main ridge and shall be painted to blend in with the roof color. External pad-mounted equipment such as spas, pools, garbage can storage areas and heat/air conditioner units must be integrated into the building design through the use of wall or fence screening. h) Each home shall have-a prominently displayed address marker in the fronl of the residence, which shall be harmonious with the residence and shall not exceed forty-eight (48) inches in height and twenty-four (24) inches in width. i) All utilities shall be placed underground and no structures may be constructed so as to obstruct the utility easements set forth on the Plat. J) Homeowners of Aspen Ridge Lots 1, 2 or 11 through 15 shall: Install silt fencing to retain soil sloughing; take appropriate steps to prevent erosion during construction; and, sow grasses and/or other ground cover in erosion prone areas following construction. k) Northwestern Wyoming and RIDGE ESTATES lie within a seismic sensitive area. The structural review of house plans prior to the commencement of construction by a structural engineer or other trained professional is strongly advised, especially for structures to be built along the ridgeline or on the lower portion of the hillside. There shall be no requirement under tl~ese Covenants for a Homeowner to submit to the DRC a certification from a structural engineer or an architect. ARTICLE VI Easements, Utilities and Service,-- 6.1 Easements for Utilities and Maintenance. Easements over and under the Subdivision for the installation, repair and maintenance of electric, telephone, water lines, potential additional utilities to be installed in the future, the Trial System, the Fence and the Landscape Berm along with its irrigation system as shown on the Plat, are hereby reserved by Declarant and its successors and assigns. 6.2 Road Easement. As shown on the Plat, the Roads are privately owned as they traverse across the property lines of various Lots within the Subdivision. The Roads are NOT INTENDED for use by the public and any violation of this prohibition shall be considered as trespassing for which the Association shall be entitled to seek injunctive relief and/or any other remedies at law or in equity as it deems appropriate. There is hereby created a Road Easement in favor of the Association and all Homeowners in RIDGE ESTATES for their individual use and enjoyment and also for the use and enjoyment of all Occupants and their respective guests and invitees. This Easement shall run with the land for the use and benefit of all Lots. The Association shall provide snow removal for the Roads and shall maintain and repair the Roads, including the guardrail located, on Aspen Ridge Road, in order to promote the safety of all Occupants, their guests and invitees. 6.3 Landscape Berm Easement. There has been created over Meadow Ridge Estates Lots 1, 2, and 24 through 26, an easement in favor of the Association along the western boundary abutting Highway 26 of said Lots, which is twenty-five (25) feet in .width.: The Landscape Berm Easement is granted in. favor of the Association in order to permit the Association to improve and maintain said easement with landscaping and irrigation for the Subdivision, an entrance for RIDGE ESTATES, a portion of the Trail System, and sUch other Improvements as shall reasonably be deemed necessary or desirable for the overall appearance and utility of the Subdivision. The Association shall Improve, repair and maintain the Landscape Berm Easement in a manner, which promotes. an attractive appearance for the entire Subdivision. 6.4 Trail System Easement. There is has been created over and through the Landscape Berm Easement and the Park, and in addition, over Meadow Ridge Estates Lots 3 and 4, and Aspen Ridge Estates Lots 2 through 7 an 'easement in favor of the Association, which generally runs along the perimeter of the Subdivision and is ten (10) feet in width. The intent is that all Occupants of RIDGE ESTATES shall have the right to freely use the Trail System for recreation and direct access to Targhee National Forest ('FOrest"). Residents of Meadow Ridge are expected to access the Trail System for access to the Forest from Ridge Park, except when accessing with a recreational vehicle, which shall be acceSsed on that portion of the Trail System located between Aspen Ridge Estates Lots 3 and 4. The Trail System Easement is granted in favor of the Association in order to permit the Association to Improve and maintain said easement for the use and enjoyment of all Homeowners and' Occupants of RIDGE ESTATES and their guests and invitees. The Trail System is NOT INTENDED for use bythe public and any violation of this prohibition shall be considered as trespassing for which the Association shall be entitled to seek injunctive relief and/or any other remedies atlaw or in equity as it deems appropriate. The permitted use of the Trail System Easement shall be for walking, hiking and cross-country skiing. Additionally, limited recreational vehicle travel will be permitted only along that portion of the Trail System described in Section 6.5 hereof and then north along the Trail System Easement into the Forest, subject to the restrictions set forth in Section 3.14 hereof. The Association shall Improve, repair and maintain the Trail System Easement in a manner, which promotes an attractive appearance and a reasonable safe environment for its usage. 6.5 Escape Route Easement. There has been created an easement along the north eighteen (1'8) feet of Lot 3 of Aspen Ridge Estates, which is established as a portion of the Trail System and more specifically as a limited escape route for the residents of the Rees subdivision and of RIDGE ESTATES in the event of a wildfire or some other act of God. Additionally, in the event of a natural disaster, the Escape Route Easement may be utilized by emergency vehicles. Escape from a natural disaster is the only purpose for which the residents of the Rees subdivision will be entitled to the use of the Escape Route Easement or of the Trail System, unless they are a specific guest or invitee of an Occupant of RIDGE ESTATES. ARTICLE VII .Assumption of Risk; Developer Held Harmless 7.1 Assumption of Risk. IN CONSIDERATION FOR THE ENHANCEMENT OF VALUE AND THE OTHER PURPOSES AND ATTRIBUTES APPURTENANT TO OWNERSHIP IN RIDGE ESTATES, EACH HOMEOWNER, BY ACCEPTING THE DEED TO A LOT, FOR HIMSELF AND HIS OCCUPANTS, !NVITEES, LICENSEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE "HOMEOWNER'S RELATED PARTIES") HEREBY: (A) ACKNOWLEDGES, ACCEPTS AND ASSUMES THE RISKS ASSOCIATED WITH THE USE OF THE ASSOCIATION AREAS, SPECIFICALLY THE ROADS, THE ESCAPE ROUTE EASEMENT, RIDGE PARK, THE POND, AND THE TRAIL SYSTEM, SAID RISKS TO BE DEEMED TO INCLUDE, BUT NOT BY WAY OF LIMITATION, DAMAGE TO PROPERTY OR TO THE VALUE OF PROPERTY, DAMAGE TO IMPROVEMENTS, PERSONAL INJURY OR DEATH; AND, (B) RELEASES, WAIVES, DISCHARGES, COVENANTS NOT TO SUE, INDEMNIFIES AND AGREES .TO DEFEND AND HOLD HARMLESS THE DECLARANT, AND ITS OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, AFFILIATES, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE "RELEASED PARTIES"), AND EACH OF THEM, FROM ANY AND ALL LIABILITY TO THE HOMEOWNER OR HOMEOWNER'S RELATED PARTIES FOR ANY DAMAGES, LOSSES, COSTS (INCLUDING, ATTORNEYS' FEES), CLAIMS, DEMANDS, SUITS, JUDGMENTS, ORDINARY NEGLIGENCE, OR OTHER OBLIGATIONS ARISING OUT OF OR cONNECTED IN ANY WAY WITH ANY OF THE ASSUMED RISKS. THIS RELEASE IS INTENDED TO BE 20 A COMPREHENSIVE RELEASE OF LIABILITY BUT IS NOT INTENDED TO ASSERT DEFENSES, WHICH ARE PROHIBITED BY LAW. THE ACKNOWLEDGEMENTS, ASSUMPTIONS OF RISK AND AGREEMENTS CONTAINED IN THIS SECTION 7.1 SHALL BE DEEMED TO RUN WITH THE TITLE TO EACH LOT WITHIN RIDGE ESTATES ARTICLE VIii Ri_clhts of Enforcement 8.1 The limitations and requirements for land use and development set forth in these Covenants shall be enforceable by the Association and any Member in the manner provided herein: a) The Association shall have the right to file a claim against any Member, Homeowner or Occupant in any court having jurisdiction over such matters for the collection of Common Expenses Assessable herein, to reduce the claim to judgment, and to undertake the collection of the judgment in any manner permitted under the law. b) The Association shall have the right to a lien against any Lot and the improvements thereon to secure the payment of its share of Assessments which are not paid within thirty (30) days of the date of Assessment, plus interest and reasonable attorneys' fees. The Association is authorized to record a notice of lien in the office of the County, which shall include a description of the Lot and the name of the Homeowner thereof and the basis for the amount of the lien. A copy of the notice of lien as filed shall be sent to the Homeowner by certified or registered mail. Any lien may be foreclosed in the manner provided for foreclosures by the statutes of the State of Wyoming. c) If the particular circumstances warrant, the Association will be entitled to seek injunctive relief in addition to any other form of equitable or legal remedy. Each Homeowner hereby consents to the entry of a temporary restraining order or an injunction against him or against his Occupants or guests, to terminate and restrain any violation of these Covenants. Any Homeowner who uses or allows his Lot to be used or developed in violation of these Covenants further agrees to pay all costs incurred by the party enforcing these Covenants, including reasonable attorneys' fees. In addition, the Association shall have the right to enforce the restoration of the portions of the Subdivision, including th~ Lot, affected by activities in violation of the terms and conditions of these Covenants to the condition, which existed prior to the undertaking of such unauthorized activity. 2] d) The Association and each Homeowner shall have the right to make a claim for damages against any party arising from such party's failure to comply with and conform to the terms and conditions of these Covenants. e) Each Member, Homeowner and Occupant consents to the jurisdiction of the courts of the State of Wyoming, consents to service of process outside the State of Wyoming, and waives objection to venue for any action filed in Lincoln County, Wyoming. f) The prevailing party to any action or proceeding, legal or otherwise, taken in an effort to enforce the provisions of these Covenants shall be entitled to recover all costs and expenses of the action or proceeding, including reasonable attorneys' fees and related costs and expenses. ARTICLE IX Miscellaneous 9.1 Amendments. These Covenants may be amended by the written consent of the Members of the Association owning sixty-seven (67%) percent of the Lots, after recommendation of approval by the Board of Directors. Due to the nature of some of the provisions of these Covenants, an amendment to them may also require the approval of the County and/or other governing jurisdictions before such amendment becomes effective. 9.2 Duration of Covenants. These Covenants shall continue in full force and effect in perpetuity, subject to the right of amendment as herein provided. 9.3 Severability. Any decision by a court of competent jurisdiction invalidating any provision of these Covenants shall be limited to that provision so affected and the remaining provisions of these Covenants shall remain in full force and effect. 9.4 Acceptance of Covenants. Each and every Member and HomeoWner shall be bound by and subject to all of the provisions of this Declaration of Covenants, Conditions and Restrictions and he expressly accepts and consents to the operation and enforcement of all of the provisions hereof. Each Homeowner shall be required to provide any Occupant of his Home with a copy of these Covenants prior to their occupancy of a residence, and their subsequent occupancy of the Home shall be deemed as acceptance of these Covenants. 9.5 Use of Gender Pronouns; Singular Includes Plural. The use of gender-based pronouns herein are for stylistic purposes only and these Covenants shall be fully binding on all applicable persons regardless of their respective gender. Unless the context requires a contrary construction, as 22 employed in this instrument the singular shall include the plural and the plural the singular. 9.6 Captions. Captions given to various Articles and Sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof and shall not be considered in interpreting any of the provisions hereof. 9.7 No Dedication to Public Use. Nothing contained in these Covenants shall be deemed to be or to constitute a dedication of all or any part of the Subdivision to the public or to any public use. 9.8 Notice of Ownership; Mortgages. Promptly following a conveyance of a Home, the new Homeowner shall tender a recorded copy of the deed or other conveyance document to the Secretary of the Association. Additionally, each Homeowner shall keep the Secretary informed of all mortgages outstanding against his Home. The Association, upon the receipt of notice from the named mortgagee, shall have the right to report to any such mortgagee the amount of Assessments due and unpaid. 9.9 Indemnity of Officers and Directors. All officers and directors, past and present, of the Association (together with their respective heirs, assigns, execUtors and administrators) shall, in their capacity as such officer or director and not as Members, be indemnified and held harmless by the Association against all loss, costs, damages, and expenses (including reasonable attorneys' fees) asserted against, incurred by or imposed upon him in connection with or resulting from any claim, action, suit or proceeding, including criminal proceedings, to which he is or is threatened to be made a party, except as to matters as to which he shall be finally adjudged to be liable for gross negligence, willful misconduct or criminal conduct. This right of indemnification shall be in addition to any other right the officer or director is entitled as a matter of law. Any indemnification liability realized hereunder shall be deemed to be a Common Expense of the Association and shall be Assessed to the Members in accordance with Section 4.7 hereofi 9.10 No Vested Interest. Except as otherwise provided in the Articles, Homeowners shall have no vested interest in or shall they be entitled to withdrawals from either the OPerating Fund or the Reserve Fund. Upon the sale by a Homeowner of his Home, his allocable share of the proceeds maintained in either Fund shall inure to the benefit of the person to whom the Home is conveyed. A new HomeoWner shall assume any Assessed and unpaid balance due and owing by his predecessor in title. 9.11 No Waiver. The failure to take an action authorized under these Covenants shall not be deemed to be a waiver of taking any future action should it arise. 23 588 9.12 Successors. This Declaration of Covenants, Conditions and Restrictions shall be binding upon and inure to the benefit of the parties, their successors and assigns. IN WITNESS WHEREOF, the Declarant, Ridge Properties L.L.C. has executed this Declaration of Covenants, Conditions and Restrictions effective as of the 14th day of April, 2004. Declarant: Ridge Properties L.L.C. and Manager By: STATE OF VVYOMING ) ) ss COUNTY OF LINCOLN ) The foregoing instrument was signed before me by John P. Briggs as the Manager and as a Member of Ridge Properties L.L.C., and by John M. Hooper II as a Member of Ridge Properties L.L.C., and they each acknowledged said instrument to be the free act and deed of the said company. Given under my hand and seal the date first above Written. SEAL , My Commission ~xpires Notary Public 24 EXHIBIT A DESCmVTION FOR THE ANNE B. CLINGER FAMILY LIMITED PARTNERSHIP RIDGE ESTATES TRACT 559 To-wit: That part of the SV~ of Section 20, T37N RI 18W, Lincoln County, Wyoming, being part of that Tract of record in the Office of the Clerk of Lincoln County in Book 442 of Photostatic Records on page 056, described as follows: BEGINNING at the northwest comer of Rees Subdivision of record in said Office on Plat No. 171, identical with the northeast comer of said SW¼; thence S89°-55'_23"W, 1486.61 feet, along the north line of said SWV~, to a point on the easterly right-of-way line of U.S. Highway 26; thence S360-56'-57"E, 773.93 feet, along said easterly right-of-way line, to a highway right-of-way marker at station PC 1910+04.21, 100' LT at the beginning of a circular curve to the right; thence southeasterly, 895.35 feet, along the arc of said curve, through a central angle of 17°18'47'', having a radius of 2963.05 feet and chord bearing S28o_17,_33,,E, 891.95 feet, to a Benton monumem at the westerly most northwest comer of Alpendorf Subdivision Phase I, of record in said Office on Plat No. 304; thence N74°-45'_00',E, 328.27 feet, along a northerly line of said Subdivision to a Benton monument; thence S15°-13'_52,,E, 270.55 feet, along an easterly line of said Subdivision to a Benton monument; , thence N74°-45'.58"E, 282.74 feet. along a northerly line of said Subdivision, to a point; thence N00°-00'_55"W, 642.57 feet, to a point on the south line of Lot 16 of said Rees Subdivismn; thence Ng6°-40'_34-W, 61.66 feet, along said south line to the southwest position of said Lot 16; ' thence S00°,00'_55"E, 6.42 feet, along the east line of said Roes Subdivision, to a point; thence N89°-58'_24"W, 99.72 feet, to a point; thence N00°-00'.10"E, 326.70 feet, to a rebar; thence S89 -58 -24 E, 99.62 feet, to the northwest positron of said Lot 16; thence S89°-58'_ 11"E, 30.00 feet, along the north line of said Lot 16, to a point; thence N00°-00'_55',W, 50.10 feet, across Pine Street, to a point on the south line of Lot 17 of said Rees Subdivision; thence N89°-58'_01,,W, 30.00 feet, along said south line, to the southwest rebar of said Lot 17; "Modification in ari':,.:/.¥:.;"2::":;::;:'::::':' ".: the foregoing description terminates liability o! '¥ ~. :: :..~r" DESCRIPTION FOR THE ANNE B. CLINGER FAMILY LIMITED PARTNERSHIP 57O thence N00°-00'_55"W, 147.60 feet, along the west line of said Lot 17, to the northwest rebar of said Lot 17; thence continuing, N00°-00'_55"W, 146.00 feet, along the west line of Lot 30 of said R. ees Subdivisionl to an iron pipe at the northwest comer of said Lot 30; thence N89°-57'_51"E, 30.00 feet, along file north line of said Lot 30, to a point; thence N00°-00'.55"W, 49.89 feet, across Spruce Street, to a point on the south line of Lot 43 of said Rees Subdivision; thence N89°-49'_03"W, 30.00 feet, along said south line, to the southwest rebar of said Lot 43; thence N00 .... -00 -55 W, 146.17 feet, along the west line of said Lot 43, to the CORNER OF BEGINNING; ENCOMPASSING an area of 32.70 acres, more or less; the BASE BEARING for thio aurvey ia the north line of the SW¼ of Section 20, T37N R118W, being N89o_55,.23,,E; SUBJECT to easements of record; each "comer" found as described in tile Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY' PLS 5368", with appropriate details; each "pipe" marked by a 1" black iron pipe with a yellow plastic cap inscribed "PE/LS 698"; each "Benton monument" marked by a 5/8" x 24" iron rod with a yellow plastic cap inscribed, "David E. Benton PE/LS 3520"; each "rebar" marked by a ¼" steel reinforcing rod; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in tile Office of the Clerk of Lincoln County titled, "THE ANNE t3 CL · L~GER FAMILY LIMITED PARTNERSHIP PLAT ?F~ T~ ~R~k. ~CT ~WI.TH1N SECTI~ON.~..T3,~,N RI 18W LINCOLN COUNTY. WYOMING". 1i.~~?5October2003 ..~3~ : ~~o~? "Modification in any way of the Ioregoing description terminates liability of the Surveyor"