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HomeMy WebLinkAbout899629 BOOK a ~"~qq ~',c~g LINCOLN COLINTY CLERK DECLAR~ ~)~O VENANTS, RESTRICTIONS FOR THE WILDERNESS?OWN HOMeR: RECITALS A. The owne[ and developer, with their principal office located at 11020 - 280th St. E., Graham, WA 98338; referred to as owner, is the owner of real properly described as follows: Lot 632C of the Lakeview Estates, Incorporated Tracts A-F, A Subdivision in the Town of Alpine, Lincoln County, Wyoming, within the NE¼SW¼ of Section 29, Township 37 North, Range 118 West, as shown on the official records of the Lincoln County Clerk in and for the County of Lincoln, State of Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith. B. It is the desire and intention of the owner to sell two townhouses on the above-described real property. C. The following declaration is executed to effectuate the desire of owner to impose on the described real property mutual beneficial restrictions under a general plan or scheme of improvement for the benefit of each and all of the included units and of the common area of the future owners of those units and that common area. DECLARATION Craig and Wendy Kendall, the fee owners of the described real property, makes the following declaration as '[o divisions, covenants, restrictions, limitations, conditions, and uses to which the described real property and improvements, consisting of two townhouse-unit multifamily structures and appurtenances, may be put, specifying that this declaration shall constitute Covenants to run with the land and shall be binding on the owner, and successors, heirs and assigns, and all subsequent owners of all or any part of the real property and improvements, together with their grantees, successors, heirs, executors, administrators, devisees, or assigns. SECTION ONE DIVISION INTO SEPARATE FREEHOLD ESTATES To establish a plan of townhouse ownership for the described property and improvements, the undersigned, as the fee owners, covenants and agrees that it will divide the real property into the following separate freehold estates: Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY 83110 (307) 885-0640 Page I of 11 a. Two separately designated and legally described freehold estates consisting of the lots of the two townlqouse units, the units being defined and referred to as townhouse units and described as shown on the Plat titled "Final Plat Wilderness Townhomes Addition to the Town of Alpine" of record. bo Common a:feas and facilities as shown on the Plat. SECTION TWO FA MIL Y UNITS For the purpose of this declaration, the ownerShip of each town hOme space includes the respective Undivided interest in the common areas and facilities specified and established in this document, and eaCh townhouse space, together with the undivided interest, is defined and referred to as a family unit. Individual townhouse spaCes established by this document, and which shall be individually conveyed., are described as follows: ac WILDERNESS TOWN HOMES Unit A. (Shown in the Final Plat Wilderness Townhomes Addition to the Town of Alpine of reCord.) WILDERNESS TOWN HOMES Unit B. (Shown in the Final Plat Wilderness Townhomes Addition to the Town of Alpine of record.) SECTION THREE LIMITED COMMON AREAS AND FACILITIES The undivided interest in the limited common areas as shown on the WILDERNESS TOWN HOMES Plat duly recorded in the office of the County Clerk and registered deeds of Lincoln County Wyoming established by this .document, in which shall be conveyed with each respective town home phase, is as follows: ac WILDERNESS TOWN HOMES, as shown on the plat under Unit A. WILDERNESS TOWN HOMES as shown on the plat under Unit B. Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Alton, WY83110 (307) 885-0640 Page 2 of 11 The above respectiVe undivided interests established and to be conveyed with the respective town home spaces cannot be changed. Craig and Wendy Kendal, their successors, heirs, assig..qs, and grantees, covenant and agree that the undivided interest in the common areas and facilities and the fee titles to the respective townhome spaces conv~yed shall r~ot be separated or separately conveyed. Each such undivided interest shall be deemed to be conveyed or encumbered with its respective townhome space, even though the description in the instrument of conveyance or encumbrance may refer only to the re6 title to the town home space. Each toWn home will have exclusive use of those limited common areas as designated within this section. They shall maintain the exclusive control and use of those common areas designated in this section as they shall see fit. All maintenance, improvements and modifications to the limited common areas shall be the sole responsibility of the town home given exclusive use of the limited common area. · 'SECTION FOUR PROFITS: AND EXPENSES; VOTING REPRESENTATION The proportionat(; Shares of the separate owners of the respective family units in the profits and common expenses in the common areas and facilities, as well as their proportionate representation for voting purposes in the association of owners, are based on the proportionate share of fifty percent (50%) of the two town homes. The association shall have [wo classes of voting members as follows: b. Class A. Class A members shall be all owners of the town homes with the exception of the owner~ and shall be entitled to one vote for each town home owned When more than one person owns an interest in any given town home, all such persons shall be members and the vote for such town home shall be exercised as they may determine between or among themselves. In no event shall more than one vote 'be cast with respect to '.any town home owned by a Class A member. c. Class B. 'J-fie Class B member shall be the owner, who shall be entitled to exercise three votes for each town home owned. The Class B membership shall cease and be converte~d to a Class A membership when the last town home 'is sold to another person or entity other than the owner and shall be governed by the Class A voting rights. SECTION FIVE ASSESSMENT LIENS All unpaid assessments for the share of the common expenses chargeable to any family unit shall constitute a lien on such family unit prior to all other liens except Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Afton, WY83110 (307) 885-0640 Page 3 of 11 (1) tax liens on the famil'y unit in favor of any assessing unit and special district, and (2) all sums unpaid on the first mortgage of record. Such lien may be foreclosed by suit by the manager or Board oi Directors, acting for the owners of the family units, in like manner as a mortgageel of real property. In any such foreclosure, the family unit owner shall be required to pay'a reasonable rental for the family unit, if so provided in the bylaws, and the plaintiff.in such fOreclosure action shall be entitled to the appointment of a receiver to collect the rent. The manager or Board of Directors, acting for the owners of the family uni'~s, shall have the power, unless otherwise prohibited, to bid in the unit at the foreclosu~% sale and to acquire and hold, lease, mortgage, and convey the unit. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclOsing or waiving the lien securing the unpaid expenses. SECTION SIX LIABILITY OF MORTGA GEE Section 1. Mortgagee. The term "Mortgagee" shall mean the holder and owner of a mortgage and shall:include a beneficiary under a deed of trust, as well as any insurer, re-insurer, or guarantor of the mortgage, such as but not limited to FHA, VA, FNMA, or FHLMC. The term "eligible holder, insurer or guarantor" shall mean a mortgagee who has requested notice, in accordance with later provisions hereof.. Section 2. ROster. The BOard of Directors shall maintain a ~°ster of town home owners, including their mailing addresses, and if the board has been given sufficient information by town home owners or their mortgagees, it shall maintain another roster which shall contain the name and addresS of each mortgagee of a town home. Section 3. Relief from Lien. A mortgagee of any town home who comes into possession of a town home pursuant to the remedies provided in the mortgage, foreclosure of mortgage, or deed (or assignment) in lieu of foreclosure, shall take the property free of any clairns for .unpaid assessment or charges against the mortgaged town home which occurred prior to the time such mortgagee comes into possession of the toWn home and the sale or transfer of a town home pursuant to a foreclosure of a first mortgage shall extinguish a subordinate lien for association assessments and charges which became payable prior to such sale or transfer. Section 4. Insurance Coverage. The following provisions Shall apply regarding insurance requirements: a. Policy Coverage-The board shall secure and maintain in effect a policy of fire and extended coverage insurance in an amount equal to the full replacement Value (i.e., 100% of the current "replacement cost" exclusive of land, excavation, and other Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY 83!10 (307) 885-0640 Page 4 of 11 ?59 items normally excludec; from coverage) of common area improvements situated in the development, including all buildings, service equipment, etc. b. Location of Policies - The association shall retain the original or conformed copies of all insurance policies specified herein in a place of safe keeping, such as a safe or safety deposit box, and shall provide copies of such policies to mortgagees requesting such copies. c. Mortgagee'-s Ability to Place Coverage - All first mortgagees of any town homes may, jointly ar singly, pay any overdue premiums on the aforesaid hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such common area improvements-, and such first mortgagees making such payment shall be owed immediate reimbursement therefor from the association. The board shall take appropriate action to assure such immediate payment and shall .provide all necessary parties with an original or certified copy of this provision as evidence of the obligation of the association to make such reimbursement. d. Priority Rights and Insurance Proceeds or Condemnation Awards - The Association agrees, an(] the board shall require, that all insurance policies shall provide that no town hOme owner or any other party shall have priority over the rights of the mortgagees in the case of distribution of insurance proceeds or condemnation awards for loss to or the taking of the common area or the association's improvements located thereon. Section 5. Management Requirements. a. Reserve Fund - The Association agrees that the uniform regular assessments or charge,g, assessed on the Owners shall be sufficient to provide an adequate reserve fund fOr the maintenance, repair, and replacement of those elements of the Common Area that must be replaced, maintained or repaired on a periodic basis. b. Other Contracts - The Association and declarant agree that any agreement for professional management of the properties or any other contract providing for the services of the declarant, the developer, sponsor, or builder, may not exceed three (3) years. Any such agreement shall provide for termination by either party without cause and without payment of a termination fee upon ninety (90) days or less written notice. Section 6. Notices. The Association agrees that a first mortgagor, upon request, is entitled to an shall receive a written notification form the association of any default in the performance by an individual town home owner/borrower of any obligation under Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY 83110 (307) 885-0640 Page 5 of 11 ;:':;:;..;,i'-".,;{:, ;; .. ' ", 7'gO the development's constituent documents, which is not cured within sixty (60) days. The Association further warrants that a request for such notification is deemed to have been made and that all first mortgagors on townhomes known to the association wil be provided with the aforest,'ated notice. Section 7. Amendhqents. Notwithstanding anything herein contained to the contrary, the Declarant, ay its own actions, shall have the right to amend this agreement during a two (2) year period commencing on the date of recording of the Declaration solely in order to comply with the rules or requirements of any governmental or quazi-governmental body or any institution holding or insuring or re- insuring a security interest in any portion of the said properties; provided that such amendment shall not modify, waive, or adversely affect any of the rights of mortgagees hereunder, and subject tc, the written consent of FHA/VA, FHLMC, or FNMA. Section 8. Enforcement. This agreement may be relied upon and enforced by FHA/VA, FHLMC, or FNMA and any lending institution or mortgagor financing any town home in the aforesaid development or insuring or purchasing any mortgage of such town home. SECTION SEVEN LIABILITY OF GRANTEE In a voluntary conveyance of a family unit, the grantee of the unit shall be jointly and severally liable with the grantor for all unpaid assessments by the association against the latter for a' share of the common expenses, up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. However, any such grantee shall be entitled to a statement from the manager or Board of Directors of the Association, as the case may be, setting forth the amoflnt of the unpaid assessments against the grantor due the association; and such grr:~ntee shall not be liable for, nor shall the family unit conveyed be subject to a lien for, ahy unpaid assessments made by the association against the grantor in excess of the s nqount set forth in the statement. SECTION EIGHT ACTIONS OF ASSOCIATION; BINDING EFFECT All agreements and determinations lawfully made by the association in ac- cordance with the voting ,Percentages established in these covenants, conditions and restrictions, or in the bylaws, shall be deemed to be binding on all owners of 'family units, their successors and assigns. Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY83110 (307) 885-0640 Page 6 of 11 SECTION NINE EFFECT OF DAMAGE OR DESTRUCTION If the property subject to this enabling declaration is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be agreed on by all town home owners. SECTION TEN COVENANT OF DECLARANT So long as the declarant owns one or more 'of the family units established and described in this document, and the owner covenants to take no action that would adversely affect the rights of the Association with respect to assurances against latent defects in the property or other right assigned to the Association by reason of the establishment of this town home Association. SECTION ELEVEN COVENANTS OF OWNERS AND ASSOCIATION MEMBERS The owner, members and their successors, heirs, and assigns, by this declara- tion, and 'all future owners of the family units, by their acceptance of their deeds or other identifying documents, agree as follows: a. The commoI'~ areas and facilities shall remain undivided; no owner shall bring any action for partition, it being agreed that this restriction is necessary to preserve the rights of the owners in the operation and management of the tOwn home. b. Each town hOme space shall be occupied and used only as a private dwelling for the owner, ,the owner's family, tenants, and social guests, and for no other purpose. . .c. The owne( of each town home space shall not be deemed to own the undecorated and/or unfinfshed surfaces of the perimeter walls, floors, and ceilings surrounding the townhouSe space, nor shall such owner be deemed to own pipes, wires, conduits, or other' public utilitY lines running through the town home spaces and utilized for or serving more than one town home space, except as tenants in common with other family unit owners as provided in this document. Such owner, however, shall be deemed to own the walls and partitions that are contained within the town home space, and also shall be 'deemed to own the inner decorated and/or finished surfaces of the perimeter walls, fl°o'.;s and ceilings, including plaster, paint, wallpaper, and the like. Bowers Law Office, P.C. : 106 Hospital Lane P. O. Box 1550 Afton, W¥83110 (3oz) 885-0640 Page 7 of 11 ?8'-' d. If any portion of the common areas and ' aches on the townhouse spaces, a valid easement exists for the encroachment and its maintenance, so long as it stands. If the multifamily structure is partially or totally destroyed and then rebuilt, the owners of the townhouse spaces agree that minor encroachment of parts 'of the common areas and facilities due to the construction shal be permitted and that a valid easement for the encroachment and its maintenance exists. e. An owner of a family unit shall automatically, on becoming the owner of a family unit or units, be a member of the WILDERNESS TOWN HOMES Association, referred to as the Association, and shall remain a member of tile Association until ownership ceases for any reason, at which time the membership in the Association shall automatically cease. f. The admini~tration of the town home shall accord with the provisions of the declaration and the b'/laws of the Association, which are made a part of this document and attached as Exhibit A, Bylaws of the Wilderness'; Townhomes. g. Each owner, tenant, or occupant of a family unit ~;hall comply with the provisions of this declaration, the bylaws, decisions, and resolutions of the association or its representative,, as ~wfull.y amended from time to time; and failure to comply with any such provisions, decisions, or resolutions shall be groundS for an action to recover sums due, for damages, !0r for injunctive relief. h. This declar~tion shall not be revoked or any of tile provisions amended unless all of the owners and the mortgagees of all of the mortgages covering the family units unanimously agree to such revocation or amendment by recorded instruments. i.. No owner oil' a family unit may exempt such own6r from liability for contri- bution to the common expenses by waiver of the use or enjoYment of any of the common areas and facilities or by the abandonment of the family unit. j. In addition to maintenance upon the common area, the Association shall, primarily for purposes of maintaining the appearance of the building improvements, provide exterior maintenance upon each lot which is subject to assessment hereunder as follows; paint, 'repair, replace and care of roofs, exterior building surfaces, walks, and other exterior improvements. Such exterior maintenance shall not include glass surfaces or foundations. Provided hOwever, that the Association shall not be required BoWers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY 83110 (307) 783 to provide any maintena'nce to structures located with any fenced limited common area. Not withstanding the fact that the association is not required to do so, the Association may, at its election, provide said maintenance subject to the provisions as contained herein. k. Any utility service or other types of elements which are utilized in common, such as, but not limited to, sewer or water lines, shall be maintained, repaired and replaced, as needed, by the association. I. In the event that the need for maintenance or repair is caused through the wilful or negligent act oflthe owner, his/her family, guests, or invitees, the cost of such maintenance or repair shall be added to and become a part of the assessment to which the lot is subject. m. Notwithstahding anything herein contained to the contrary, each lot owner shall have the responsi,bility to maintain, repair and keep a clean, safe and sanitary condition, at such lot ov¢.ners' expense, all portion of the lot owners' lot and utilities services for that lot. Th~ lot owner shall also keep clean and in a safe and sanitary condition, all limited common areas assigned to the lot. SECTION TWELVE USE OF FAMILY UNIT The respective fa,mily units shall not be rented by the owners for transient or hotel purposes, which s~all be defined as (a) rental for a period less than 30 days. Other than the foregoing obligations, the owners of the respective family units shall have the absolute right t,o lease the units, provided that the lease is made subject to the covenants and restrictiohs contained in this declaration and further subject to the bylaws attached. Town ihomes shall be used only for single family residential purposes by an owner or his lesse, es. The term "family" shall mean one or more persons related by blood, adoption, or marriage living together as a single housekeeping unit. Two unrelated adults (and anY number of children of either of them) shall also be deemed a family for the purposes Of these covenants. Bowers Law Officel P.C. 106 Hospital Lane P.O. Box 1550 Alton, W¥83110 SECTION THIR TEEN ARCHITECTURAL DESIGN AND MODIFICATION No building, fence, Wall, or other structure shall be commenced, erected or maintained upon the Properties, nor sha any exterior addition to or change or alteration therein be mad~'] until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to an approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association or by an architectural committee composed of three (3) or more representatives appointed by the board. In the event said board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been Submitted to it, approval will not be required and this section will be deemed to have been fully complied with. SECTION FOUR TEEN PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the line between the town homes shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the all in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereto in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provisions of this section, an owner who, b;¢ his negligent or willful act causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY 83110 (307) 885-0640 Page 10 of 1i Section 5. Right to Contribution Runs with Land. The right of any owner to contribution from any other owner under this section shall be appurtenant to the land and shal pass to such owners successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this section, each party shall choose one arbitrator and these two shall choose a third, and the decision shall be by a majority of all of the arbitrators. IN WITNESS WHEREOF the undersig~ne~d, being the Declarants herein, have caused this instrument to be executed this~_5 .I day of P"k~,.,. ,2004. ,,,,,,,, ,,""'~t4 s '"///.,,, -~F~A'IG K'~NDALL ,,g,~4,~ ' ~'o.,'., I ..~ 'J ,'~,.', 4%','¢- ~ ~.~¢' ...'~,... ~c, ,,,.- ,,,/,,o,,~ /111! i~1\~\ STATE OF UOo.~c.,c~.qton ) ) ss. COUNTY OF ~(u2_~ ) The foregoing instrument was acknowledged before me by CRAIG KENDALL and WENDY KENDALL this ~z) day of lYy;kt. ,2004. WITNESS my hand and official seal. My commission expires: NOTARY PUBLI~?' Bowers Law Office, P.C. 106 Hospital Lane P. O. Box 1550 Afton, WY83110 (307) 885-0640 Page l l of 11