HomeMy WebLinkAbout900111 REOEIVED
LINCOLN COUNTY CLERK
FIRST AMENDED
'~'C"~\\X, AND RESTRICTIONS g_FAi,4NE WAGI',JER
ROYAL MEADOWS SUBDI~/I~i(~I~£R. W'n.-;.M.k~,~0
First Amended Declaration of Covenants, Conditions and Restrictions of Royal
Meadows Subdivision mada as of May 25, 2004, ("First Amended Declaration").
WHEREAS, the :'Declaration of Covenants, Conditions and Restrictions of Royal
Meadows Subdivision d~ated as of August 1, 2003, was recorded in the office of the Lincoln
County Clerk on August 14, 2003, in Book 530 PR, page 820 ("Previous Declaration"); and
WHEREAS, in Article IX, Section 4, SHR Land, Inc., a Wyoming corporation
("Declarant") reserved the right to amend or modify the Previous Declaration in Declarant's
sole discretion as long as Declarant owns at least 8 lots in the subdivision; and
WHEREAS, Declarant owns more than 8 lots in the subdivision at this time; and
WHEREAS, Declarant desires to amend the Previous Declaration in full;
NOW, THEREFORE, pursuant to the power reserved by Declarant, Declarant
hereby declares that this First Amended Declaration replaces in full the Previous
Declaration and that its ,previsions apply to all lots in the subdivision including any lots that
may have been sold or contracted for sale by Declarant prior to the date of this First
Amended Declaration, as follows:
This Declaration of~ Covenants, Conditions, and Restrictions regulating and
controlling the use and development of certain real property as hereinafter described is
made to be effective as of the 1st day of August, 2003 ("Declaration"), by SHR Land,
Inc., a Wyoming corp¢,rat'on, hereinafter referred to as "Declarant", the Owner or
beneficial owner of Lots I through 15, of Royal Meadows Subdivision ("the
Subdivision") in accordance with the plat filed for record in the Office of the Lincoln
County Clerk in Lincoln County, Wyoming, ("the Plat"), which shall hereinafter be
referred to as the "Property". The Property is of high scenic and natural value, and
Declarant adopts the fol;owing Covenants, Conditions, and Restrictions to preserve and
maintain the natural cha~:'acter and value of the Property for the benefit of all Owners of
the Property or any part thereof.
NOW, THEREFORE, Declarant hereby declares that all of the Property
described shall be owned, held, sold, conveyed, encumbered, leased, used, occupied,
and developed subject tia the following easements, restrictions, covenants, and
conditions, which are fo.' the purpose of protecting the value and desirability of and
which shall run with the I?r,i~perty and be binding on all parties having any right, title, or
interest in the Property ?~r any part thereof, their heirs, successors and assigns and
shall inure to the benefit of each Owner of any part thereof.
ARTICLE I - DEFINITITIONS
1. "Association" shall mean and refer to the Royal Meadows Property
Owners Association and its successors and assigns.
2. 'Board" shsll mean the Board of Directors of the Association established
to administer and enforce the terms and conditions of this Declaration as set forth
herein.
3. "Common Areas" shall mean the private roadways within the Property
which provide access to individual Lot lines from Lincoln County Road No. 12-109, as
designated on the Plat, the equestrian easement, and any and all improvements
associated therewith.
4. "Common Services" shall mean the maintenance and any snow removal
services for the Common Areas, utility line maintenance and repair services, if any, for
utility lines located in the rights-of~way of such roads.
5. "Declarant" '.shall mean and refer to SHR Land, Inc.
6. "Lot" shall mean and refer to any of the single family residential plots of
land described above and shown upon that certain recorded subdivision plat of the
Property filed by the Declarant in the Office of Lincoln County Clerk.
7. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fae simple title to any Lot, including contract buyers and
Owners of a beneficial interest, but excluding those having such interest merely as
security for the performance of an obligation.
8. "Principal Residence" shall mean the single family residential Structure,
constructed on any Lot o¢ the Property, which is the principal use of such Lot, and to
which the other authorized Structures on such Lot are accessory.
654
9. "Property" shall mean and refer to that certain real property known as the
Royal Meadows Subdivision, in accordance with the plat to be filed for record in the
Office of the Lincoln Co~nty Clerk in Lincoln County, Wyoming, as Plat No. 251F, and
such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
10. "Structure" skall mean anything built or placed on the ground, excluding
fences.
ARTICLE II PROPERTY RIGHTS
1. Owners' Easements of Enjoyment. Every Owner shall have the right and
easement of enjoyment .in and to the Common Areas, which shall be appurtenant to
and shall pass with the tide to every Lot, subject to the following provisions:
a. The right of the Association to charge reasonable assessments,
charges, aad user fees for the use and maintenance of the Common
Areas als hereinafter set forth.
b. The right of the Association to establish rules and regulations,
including speed limits, for the use of the Common Areas and to
impose-re¢,sonable sanctions for the violations of the published rules
and regr~lations.
2. Delegation of Use of Common Areas. Any Owner may delegate, in
accordance with the Bylaws of the Association, his right of enjoyment to Common
Areas only to the members of his family, his tenants or contract purchasers who reside
on the Property. ~
ARTICLE III
ASSOCI..&'PlON MEMBERSHIP AND VOTING RIGHTS
1. Association Membership. Declarant shall have all of the rights, powers
and authority of the As.,:,ociation until the Lot Owners have formally established the
AssociatiOn, either as a corporation, unincorporated association or other legal entity of
their choosing. The Lot Owners shall establish the Association when 8 of the Lots have
been sold by Declarant. Every Owner of a Lot shall be a member of the Association.
· .-655
FOr purposes of voting and meetings of the members, there shall be one vote for each
Lot. Membership shall be appurtenant to and may not be separated from ownership of
any Lot that is subject to 'assessment
2. Mana,qeme~i~t, of Association and Property. The management and
maintenance of the Property and the business, Property and affairs of the Association
shall be managed by-a Board of Directors as provided in this Declaration, its
organizational documents and bylaws ('govern'ng documents"). All agreements and
determinations With resp¢o: to the Property lawfully made or entered into by the Board
of Directors shall be bind'i'n.(1 upon all of the Owners and their successors and assigns.
3. Board of Directors of the Association. The Board of Directors (the
'Board") of the AssociaJon shall consist of three (3) members, or such additional
number as may be ap3roved by the members in accordanCe with its governing
documents. The term oi"a member shall be three (3) years, except that the terms of
the members of the initial Board shall be one, two, and three years. Thereafter, all
members shall serve for a term of three (3) years. The Board shall be elected by a
majority vote of the meml)e,-s of the Association. All Board members shall be an owner
or an officer, partner, shareholder or member of an owner.
Until 8 of the Lots r~ave been sold and title transferred to new Owners, the
Declarant reserves the right to appoint and remove all members of the Board and to
exercise the powers and responsibilities otherwise assigned by this Declaration to the
Association. By express written declaration, Declarant shall have the option, at any
time, to turn over to the A.,i;sociation the total responsibility for electing and removing
members of the Board.
4. Authority and Duties. The duties and obligations of the Board and rules
governing the conduct of the Association shall be set forth in the governing documents
as they may be amended from time to time.
5. Limited Liability of Board of Directors, etc. Members of the Board and
their officers, assistant of"icers, agents and employees acting in good faith on behalf of
the Association:
a.
shall not be liable to the Owners as a result of their activities as such
for any mistakes of judgment, negligence or otherwise, except for their
own willful miscondUct or bad faith;
shall have ~no personal liability in contract to an Owner or any other
person or entity under any agreement, instrument or transaction
4
,-656
entered .into by them on behalf of the Association in their capacity as
such;
shall ha';¢e no personal liability in tort to any Owner or any person or
entity, exceot for their own willful misconduct or bad faith;
shall have no personal liability arising out of the use, misuse or
conditiori of the Property which might in any way be assessed against
or imputed ',:o them as a result of or by virtue of their capacity as such.
ARTICLE IV
COVENAIXT FOR MAINTENANCE ASSESSMENTS
1. Creation of tha Lien and Personal Obliqation of Assessments. Each
Owner of any Lot, except unsold Lots owned by Declarant, by acceptance of a deed
therefor, whether or not ':it shall be so expressed in such deed, :is deemed to have
consented to be subject to these covenants and agrees to pay the Association:
a. Annual assessment or charges; and
b. Special assessments for capital improvements, such as assessments
to be established and collected as hereinafter provided.
A general, continui'ng lien is hereby imposed on each Lot in the Subdivision for
the payment of annual snd special assessments imposed on Lots according to this
Declaration. In connection with that general lien, all such assessments together with
interest, costs and reasonable attorney's fees, shall be a charge on the land and shall
be a continuing lien upon all those Lots on which each such assessmem is made.
Each such assessment, to~ether with interest, costs and reasonable attorney's fees
shall also be the personal obligation of the entity or person who was the Owner of such
Property at the time when, the assessment fell due.
In addition, for the collection of delinquent user fees or charges, the Board may
by resolution enact such ooticies and procedures or rules and regulations as it deems
appropriate including witho,ut limitation imposition of service charges, collection of
attorney fees or other costs of collection, or the filing of a lien against the Lot for the
amount due.
2. Purpose of AsSessments. The assessments levied by the Association
shall be used exclusively to, promote the recreation, health, safety and welfare of the
residents of the Property and for the improvement and maintenance of the Common
Areas, to include road ms!intenance, Association employees' wages, mailing costs and
other related expenses incur'ed on behalf of the Association.
5
0900111
' 657
3. Annual Budg~. The Board shall prepare an annual budget estimate for
Common Services and aCministration of the Association and fix the amount of the
annual assessment base,}:l on its estimate. Such annual budget shall be prepared and
approved by the Board a: Ijeast thirty (30) days in advance of each annual assessment
period. ,
4. Special Ass.]ssments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a
special assessment appli(:able to that year only for the purpose of defraying, in whole or
part, the cost of any construction, reconstruction, repair or replacement or a capital
improvement including the Common Areas and shared access road, including fixtures
and personal property re'aled thereto, provided that any such assessment shall have
the assent of at least se;/enty-five per cent (75%) of the members who are voting in
person or by proxy at a m:~eting duly called for this purpose.
5. Notice and Quorum for Any Action Authorized under Sections 3 and 4.
Written notices of any m;~,eting called for the purpose of taking any action authorized
under Sections 3 or 4 of t'iis article shall be sent to all members not less than thirty (30)
days nor more than sixty [6::)) days in advance of the meeting. At the first such meeting
called, the presence of members or of proxies entitles to cast sixty percent (60%) of all
the votes of the membership shall constitute a quorum. If the required quorum is not
present another meeting may be called subject to the same notice requirement, and the
required quorum at the ~ubsequent meeting shall be one-half (1/2) of the required
quorum at the preceding 'meeting. No such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
6. Uniform Rat.9 of Assessment. Except for lots owned by Declarant, both
the annual and special ass. essments must be fixed at a uniform rate for all Lots and
may be collected on a mo-nthly or other periodic basis as determined by the Board.
Lots owned by the Declara~ilt shall not be assessed or required to pay assessments of
any kind.
7. Date of Cornmencement of Annual Assessments: Due Dates. The annual
assessments provided for I~;'erein shall commence as to all Lots subject to assessment
on the first day of the mo~t':~ following the conveyance of the first Lot. The first annual
assessment for lots purchased thereafter shall be adjusted according to the number of
months remaining in the ,.:a~lendar year. The Board shall fix the amount of the annual
assessment against each iLot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to every
Owner subject thereto. T, he due dates shall be established by the Board. The
6
658
Association shall, upon demand and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments on a
specified Lot haVe been paid.
8. Assessmenls for Snow Removal from. Subdivision Roads.
Notwithstanding any oth6r arovisions in this Amended Declaration to the contrary, no
annual or special assessment shall be imposed for the purpose of snow removal from
the Subdivision roads undl construction of a residence has begun on one of the Lots,
and access to that Lot is necessary for that construction or subsequent residence. In
addition, no assessment of ;~ny kind shall be imposed for snow removal if Declarant has
the snow removed in order to market and show Lots for sale. Upon assessment for
snow removal, those assessments shall be made according to the provisions of this
Amended Declaration governing assessments with the exception that assessments for
snow removal shall be shared only among those lot owners who have constructed or
are in the process of constructing a residence on their lots.
9. Effect of Nc..:n_:Payment of ASsessments: Remedies of the Association.
Any assessment not paid .within thirty (30) days after the due date shall bear interest at
the rate of fifteen percent (15%) per annum. The Association may bring an action at
law against the Owner personally obligated to pay the same, or foreclose the lien
against the 'Property in th~ same manner as real estate mortgages with power of sale
are foreclosed in Wyomihg pursuant to W.S. 34-4-101 et seq., and any successor or
replacement statute thereto.' No Owner may waive or otherwise escape liability for the
assessments provided herei,n by non-use of the Common Areas or abandonment of his
Lot.
10. Priority of the,. Assessment Lien. Sale or transfer of any Lot or the
recording of any mortgage, or other lien against any Lot shall not affect the priority of the
assessment lien.
ARTICL:E V- ARCHITECTURAL STANDARDS
1. Architectural/si';e Committee; Organization. There shall be an
Architectural/site Committee consisting of the Board as soon as the Board has been
organized and is operatin§'.
2. Initial Architectural/site Committee. The initial Architectural/site
Committee shall be Tony :Rq~yal and Joe Bressler, who serves at the sole discretion of
0~00111 659
Tony Royal and may be .removed by him at any time in which case Tony Royal only
would constitute the initi~!~l Architectural/site Committee.
3. Architectur~ltsite Committee Duties. No Lot Owner shall construct any
Structure on a Lot with('~ut, the prior approval of all plans for such construction by the
Architectural/site Committee. It shall be the duty of the Architectural/site Committee to
consider and act upon s..~Ch proposals for the plans submitted to it from time to time, to
adopt Architectural/site 39mmittee rules pursuant to Section 5 of this Article, and to
perform such other dutie:s,from time to time delegated to it by the Association.
4. Architectural!site Committee: Meetin.qs; Action; Expenses. The
Architectural/site Committee shall meet from time to time as necessary to properly
perform its duties hereu~der. The vote or written consent of a majority of its members
shall constitute an act by the Architectural/site Committee unless the unanimous
decision of its members s otherwise required by this Declaration. The Architectural/site
Committee shall keep and maintain a record of all action from time to time taken by the
Architectural/site Commiltee at such meetings or otherwise. Unless authorized by the
Association, the membff!rs of the Architectural/site Committee shall not receive any
compensation for services rendered. All members shall be entitled to reimbursement
for reasonable expenses ~ncurred by them in connection with the performance of any
Architectural/site Commilttee function.
5. Architectural/site Committee Rules. The Architectural/site Committee
may, from time to timd',, and in its sole discretion, adopt, amend, and repeal by
unanimous vote, rules and regulations, to be known as "Architectural/site Committee
Rules". A copy of the Ar,chitectural/site Committee rules, as they may from time to time
be adopted, amended or repealed, and certified by any member of the Architectural/site
Committee, shall have the same force and effect as if they were part of the Declaration.
The Architectural/site Cornmittee may record the same if deemed necessary
6. Non-Waivei'. The approval by the Architectural/site Committee of any
plans, drawings or specifications for any work done or proposed, or in connection with
any other matter requirir~g the approval of the Architectural/site Committee under the
Covenants, shall not be deemed to constitute a waiver of any right to withhold approval
as to any similar plan, drawing, specification or matter whenever subsequently or
additionally submitted for..approval.
7. Liability.. Neither the Architectu ral/site Committee nor any member thereof
shall be liable to the Association or to any Owner or project committee for any damage,
loss or prejudice suffered, or claimed on account of (a) the approval of any plans,
drawings and specificaiiens, whether or not defective, (b) the construction or
t
8
0900111
6GO
performance of any work,: whether or not pursuant to approved plans, drawings and
specifications, (c) the development, or manner of development, of any property within
the Property, or (d) the execution and filing of a certificate pursuant to Section 7 above,
of this Article, whether or not the facts therein are correct; provided, however, that such
member has, with the ac::u,~l knowledge possessed by him, acted in good faith. Without
in any way limiting the generality of the foregoing, the Architectural/site Committee, or
any member thereof, ma~,,,but is not required to, consUlt with or hear the Association or
any Owner with respect,.tb any plans, drawings specifications, or any other proposal
submitted to the Architectural/site Committee.
ARTICLE VI - DESIGN STANDARDS
1. General S!andards. The following standards and restrictions are
applicable to the construction, remodeling, alteration and exterior refinishing of any and
all Structures and improvements and site preparation upon each Lot.
2. Uniform Codas. All structures or improvements shall be erected in
accordance with the current edition of the following uniform codes:
a. Uniform BJilding Code;
b. Internati?~al Conference of Building Officials;
c. National Plumbing Code;
d. National Electrical Code; and
e. National Fire ProteCtive Association International.
3. Design Character. All buildings shall be constructed in character with
each other specifically b,./ using complementary exterior roofing, building material and
coloring on each building on the properties. All buildings will be painted or faced in
colors that blend into the natural environment and landscape of the area.
a. Exterior .materials will be of rough sawed natural wood, peeled log,
stone, o.r Similar rough textured natural or "wood-like" material, No
aluminum 'siding, metal siding, vinyl siding, or cinder blocks shall be
used as,,e>:terior material without written approval. Roof materials shall
be cedar shake or shingle, slate, or ribbed metal or metal shingle
roofing v)ith a non-reflective flat color finish.
b. All buildings must comply with either the current editions of the
uniform Building code, the National Plumbing Code, and the National
EleCtrical Code, or, if applicable, State of Wyoming, and/or Lincoln
County Building and Safety Codes.
9
c. Exterior. 6olors shall be earth tones or such other colors as are
approved by the Architectural/site Committee.
Buildinq De:!~g..Q. The design of all buildings is subject to the following:
a. No Struct!.~res or improvements shall be constructed on the properties
other than one (1) single family dwelling to be occupied by the owner,
his lessee, guests and servants, garage(s), a guest house for the use
of gueslS and not for rent, storage building to be used to house
vehicles..equipment or supplies, and barn(s) to be used to house
horses. All improvements shall be of new, permanent construction
using goo::l quality workmanship and materials.
b. The minimum floor area of any single family residence shall not be
less than 1,300 square feet as measured by the exterior building
dimensions on the ground floor exclusive of the garage, carport, or
unenclosed porches or decks. All residences must also include either
an attached or detached garage large enough for at least 2
automob lies.
c. No struc:ure shall be erected, altered, placed or permitted to remain on
the propib:rty which shall exceed two (2) stories, in height. This shall not
include a walkout basement or underground garage.
d. Roofs shall have a minimum pitch of four feet in twelve feet. All
primary ,roofs shall have a minimum overhang of eighteen inches.
Solar collectors shall not be considered roofs. No unpainted metal
roofs shall be allowed.
e. Solar collectors may be of any construction, materials or pitch required
for efficient operation, but they shall not be placed on any structure in
a mann~l' which causes objectionable glare to any neighboring
resident., Solar collectors shall be integrated into the structure of a
residenc~, garage, carport, or other accessory building and shall not
be free standing.
f. Setbackt shall not be less than thirty (30) feet from any side or rear
boundar,;~ ine without prior Architectural/site Committee approval.
Site Desiqn., Site design shall comply with the.fol owing requirements:
a. Fencing shall comply with the following requirements: only fences
consistin~l of wood posts with top rail spanning 3 posts and 2 high
tensile w:ir~es below will be allowed on the Property; no barbed wire or
two strand wire fences will be permitted except those already
10
'--682
established by adjacent landowners not in the Subdivision; and no
fences shall be constructed across or thai in any way interfere with the
use of the equestrian easement by riders and their horses.
b. All fuel'tanks, water tanks, or similar storage facilities shall either be
constructed as an integral part of a Structure, or shall be installed or
constructed underground.
c Sanitap'/ --acilities. Each sewage system is the responsibility of the
individual propertY owner and shall be installed at the expense of the
individual, property owner and shall be constructed in conformity with
the laws of the State of Wyoming and Lincoln County, and no privy,
outside latrine, or other like facility shall be permitted except during
constru'3tion of a principal residence in which case it is required by this
Declaration to have such a facility. Every Owner shall refrain from
causing any water or pollution emanating from his Lot.
d. Domeslic water supply shall be the responsibility of the individual
property owner and shall be installed at the expense of the individual
property owner and shall be constructed in conformity with the laws of
the Stale of Wyoming and Lincoln County.
e. All approaches from Lots to any Common Areas within the Subdivision
shall include installation of a culvert to accommodate any water runoff.
6. Constructi¢'q. The exterior of any building must be completed within
twelve (12) months after the commencement of construction except where such
completion would be in'possible, due to size of project, or doing so would result 'in
undue hardship to the Owner because of strikes, emergencies, or natural calamities;
provided, however, that .the Owner is nonetheless obligated to either diligently pursue
completion or removal of the building,
ARTICLE VII
LAND CLASSIF:I~ATIONS, USES AND RESTRICTIVE COVENANTS
1. Land ClassifiSations.
the following areas:
a. Residential; and
b. Common Areas.
2. General Restrictions.
land, regardless of classiriCation:
All land within the Property has been classified into
The following general restrictions shall apply to all
68°
a. No buiMing, Structure, sign, fence, refinishing or improvement of any
kind shali be erected, placed, or permitted to remain on any Structure,
Lot or tract, and no excavation or other work which in any way alters
any Lot!f .'om its natural or improved state existing on the date the Lot
was first ;cohveyed in fee by Declarant to an Owner shall be erected,
placed, !done, or permitted to remain on any Structure, Lot or tract until
the plar.sl, specifications have been approved in writing and a building
permit has been issued by the Architectural/site Committee. Plans for
buildings;for the refinishing or improvement if the same shall include
scaled flcor plans, exterior elevations indicating height, a list of exterior
materials!and a site plan.
b. Two copies of any proposed plans and related data shall be furnished
to the Architectural/site Committee, one of which may be retained the
Architectural/site Committee for its records. Any approval given by the
Architedural/site Committee shall not constitute a warranty, express or
implied,i.¢,f compliance with any applicable building or safety codes for
any othel purposes other than the authority for the person submitting
the plan to commence construction.
Residential Area; Uses; Restrictions.
a. Each residential Lot shall be used exclusively for residential purposes,
and no. more than one family (including its servants and transient
guests) shall occupy such residence; provided, however, that nothing
in this subparagraph (a) shall be deemed to prevent:
(1)C. onstruction of guest houses in accordance with this
Beclaration;
(2)Any home-based business that may be approved by the
ArChitectural/site Committee; provided, that no commercial
business shall be allowed;
(3) ~h:~ leasing of any lot from time to time by the Owner thereof,
sJbject, however, to all of the restrictions as may be adopted
fr.o~n time to time by the Association.
Each LOt,; and any and all Structures and improvements from time to
time located thereon shall be maintained by the Owner thereof in good
conditioaiand repair, and in such manner as not to create a fire
hazard, 'a;I at such Owner's sole cost and expense.
fo
664
There .shall be no exterior fires whatsoever except barbecue fires
contained within barbecue receptacles, properly constructed
permanent outdoor fireplaces or fire pits, and such fires for vegetation
and/or :rUbbish. control as may from time to time be permitted by the
Lincoln County fire regulations or during winter months.
No goatsl, turkeys, chickens or any other domestic animals or fowl shall
be maintained, on any Lot except that each Lot Owner may have up to
7 large d,:~mestic animals which may include not more than 6 horses, 2
cows, 2 ;sheep, 2 pigs, or 6 llamas. All Owners of livestock must
maintain sufficient grass to pasture or graze their animals and have no
dirt paatures. Lot Owners may have not more than two adult dogs or
cats or other generally recognized house or yard pets; provided,
however, that all animals shall at all times be restrained or leashed
and maintained on Owner's lot so as not to be or become a nuisance
or be ~llowed to run at large. Barking dogs constituting a nuisance
shall be confined in a sound resistant enclosure during normal
sleeping hours.
No corr;rr, ercial signs whatsoever shall be erected or maintained upon
any lot. A wooden residential identification sign of combined total face
area o:: three (3) square feet or less may be erected. A sign
advertising the premises for sale may be erected as needed for such
purposes, provided such sign does not exceed a combined total face
area of six (6) square feet.
No noxious, offensive, or noisy activity (disturbance to the peace and
tranquility) shall be carried on upon any Lot, nor shall anything be done
or plat:ed thereon which may become a nuisance, or cause
unreasoncble embarrassment, disturbance, or annoyance to other
Owners._. in the enjoyment of their Lots. In determining whether there
has been,a violation of this subparagraph recognition must be given to
the premise that Owners, by virtue of their interest and ownership in
the Subdi,~ision, are entitled to the reasonable enjoyment of its natural
benefits, and surroundings.
No house trailer, mobile home, shack or similar facility or structure
shall be kept, placed or maintained upon any Lot at any time. Modular
houses may be placed on Lots if they qualify with these Covenants
and are approved by the Architectural/site Committee. The phrase
13
ho
0:900:I. 1. X .- 68 5
"modul~r house" means a house or other structure constructed at a
location other than on the Lot where it is to be located and then is
moved ':ni one or more pieces to the Lot. The terms "house trailer" or
"mobile. home" as used herein includes but is not limited to any
building or structure with wheels and/or axles and any vehicle used at
any ti'me.,~or constructed so as to permit its being used for the transport
thereof ~upon the public streets or highways and constructed so as to
permit occupancy thereof as a dwelling or sleeping place for one or
more p%,sons, and shall also mean any such building, structure or
vehicle, w!hether or not wheels and/or axles have been removed, after
such bu. iMing, structure or vehicle has been placed either temporarily
or permar~ently upon a foundation. However, Owners may keep a
motor h.alne, camp trailer or similar recreational vehicle on a Lot so
long as Ihe vehicle is currently registered and not used for residential
purpose's on the Lot.
Each L¢,t.Owner shall be responsible to pay annual assessments for
Common Services in conjunction with all other Lot Owners as set forth
herein.. Bushes, shrubs, weeds and all other vegetation shall be
cleared and large trees pruned within the road rights-of-way to improve
visibility, with related costs being common costs. Such annual
assessments., shall not exceed $500.00 per Lot until January 1, 2005.
After that :late the amount of the annual assessment may be modified
by the Association from time to time as determined by the Board. The
Association may also impose special assessments in accordance with
this Declaration.
No discl?arge of any firearms in the Subdivision will be allowed No
hunting of wildlife of any sort will be allowed within the confines of the
Subdivis~o~q.
No inoperative vehicle shall be kept on the premises for more than
thirty (30) days unless parked in an enclosed building.
All garbaga and trash shall be placed and kept in covered containers
which sl~all be maintained so as not to be visible from neighboring
property. The cost of commercial trash collection shall be paid by
each owner, in accordance with the billing of the collector. No rubbish
or debrisof any kind shall be placed or permitted to accumulate on any
Lot. No metal including without limitation scrap metal or metal drums
14
6 6 6
sha~ be kept, stored, or allowed to accumulate on any Lot except in an
enclosed structure.
Ownem shall not obstruct the Common Areas. No vehicles of any kind
may be iparked or left standing in the Common Areas. No motor
vehicles iof any kind shall be used, placed or parked on the equestrian
easement.
AP.,TICLE VIII - GENERAL PROVISIONS
1. Lot Splittin_q; Consolidation. Two or more contiguous Lots within the
Property may be combined. Such consolidated Lots may thereafter be treated as one
Lot and building site, and.as such may be subjected to this Declaration the same as a
single Lot except for the purpose of levying and collecting assessments. No Lot may be
divided or subdivided.
2. Assi,qnmer:.t 0f PoWers. Any and all of the rights and powers vested in the
Declarant pursuant to i:his Declaration may at any time be delegated, transferred,
assigned, conveyed or released by Declarant to the Association, and the Association
shall accept the same, effective upon the recording by the Declarant of a notice of such
delegation, transfer, assignment, conveyance or release.
3. Condemnaiion of Common Area. If at any time, or from time to time, all or
any portion of Common A?eas, or any interest therein, shall be taken for any public or
quasi-public use, under any statue, by right of eminent domain or by private purchase in
lieu of eminent domain, the entire award in condemnation shall be paid to the
Association and deposited.into either the operating fund or the development fund as the
Association may, in its ~;o;e discretion, determine. No Owner shall be entitled to any
portion of such award and no Owner shall be entitled to participate as a party, or
otherwise, in any proceeding relating to such condemnation, such right or participation
being herein reserved ~.xclusively to the Association which shall, in its name alone,
represent the interests of all Owners; provided, however, that the portion of any award
relating to improvements which constitutes a private recreation facility shall be divided
equally among the Owners who, at the time of such taking, are permitted users of such
facility.
4. Notices; Documents; Delivery. Any notice or other document permitted or
required by this Declaration shall be delivered either personally or by mail. If delivery is
made by mail, it. shall be de. emed to have been delivered twenty-four (24) hours after a
copy of the same has pe, en deposited in the United States mail, postage prepaid,
15
addressed as follows: i:;;' :!o the Association or to the Architectural/site Committee, at
such address as the Association may determine and notify all Owners and Declarant in
writing upon its organization; if to an Owner, then at any Lot within the Subdivision
owned by the Owner; i;f to the Declarant, at Spotted Horse Ranch, 12355 South
Highway 191, Jackson, ~MY 83001, and 815 Bay Street, Beaufort,. SC 29902;
provided, however, that any such address may be changed from time to time by an
Owner, by the Architect[:.~ral/site Committee, or by the Declarant by notice in writing,
delivered to the Associatior;1, if organized, or if not to all Lot Owners, and to Declarant.
5. General Ma:intenance. The maintenance, alteration', replacement and/or
repair of the Common Areas shall be the responsibility of the Board. The Board, as
part of its responsibilities, shall maintain, repair and provide for snow removal and
maintenance activities on all roadways. The maintenance, repair and replacement of
all improvements on each Lot shall be the responsibility of the Owner of such lot.
ARTICLE IX
ENFORCEMENT, DURATION AND AMENDMENT
1. Enforcement. The Association, or any Owner, shall have the right to
enforce, by any proceed!ng at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration. If such a prbceeding is successfully brought, the party against whom the
action was brought shall.p,ay to the enforcing pady all costs thereof including without
limitation a reasonable at!orney fee in addition to any other relief that may be granted.
Failure by the Association or by any Owner to enforce any covenant or restriction herein
contained shall in no ever't be deemed a waiver of the right to do so thereafter.
In addition, the Association may establish fines and the time for payment
thereof for violation of the provisions of this Declaration. If any such fines are not paid
when due, the Association shall have a lien on the Lot of the Owner who owes the fine
and shall have the right to collect the fine in the same manner as annual assessments.
2. Duration of Restrictions. All of the covenants, conditions and restrictions
set forth in this Declaraticn shall continue to remain in full force and effect at all times
against the Property and; the Owners thereof, subject to the right.of amendment or
modification provided for in this Article, for a term of twenty (20) years, 'after which time
they shall automatically bell extended for successive periods of twenty (20) years.
3. Amendment:; This declaration may be amended during the first twenty
(20) year period by an instrument in writing signed by not less than ninety percent
16
688
(90%) of the Lot Owner. s, and thereafter by an instrument in writing signed by not less
than seventy-five percent (75%) of the Lot Owners, which amendment becomes
effective when the instrument is recorded in the Office of the County Clerk of Lincoln
County, Wyoming. The Declarant shall have the right in its sole disCretion, during such
time as Declaram owns not less than eight (8) Lots to amend or modify this Declaration
by an instrument in writing, and all Lots within the Subdivision including those previously
sold shall be subject to such modification. Any such amendment shall be duly executed
by the Declarant and is, effective when recorded in the Office of the County Clerk of
Lincoln County, Wyoming.
4. Annexation. Additional residential property or common area may be
annexed to the Property by Declarant at any time, provided only that all of. such
additional Property and Owners shall be subject to this Declaration.
5. Violation Coqstitutes Nuisance. Every act or omission, whereby any
restriction, condition or covenant in this Declaration set forth, if violated in whole or in
part, is declared to be ai]d. shall constitute a nuisance and may be abated by Declarant
or its successors in interest the Association and/or by any Lot Owner; and such
remedies shall be deemed cumulative and not exclusive.
6. Constructir~nand Validity of Restrictions. All of said covenants, conditions
and restrictions contained in this Declaration shall be construed together, but if it shall
at any time be held that any one of the said conditions, covenants of reservations, or
any part thereof, is invalid, or for any reason becomes unenforceable, no other
condition, covenant, or reservation, or any part thereof shall be thereby affected or
impaired; and the Decla'ant, grantor and grantee, their heirs, successors and assigns,
shall be bound by each A~-ticle, Section, subsection, paragraph, sentence, clause and
phrase of this Declarati¢,n 'irrespective of the fact that any Article, section, subsection,
paragraph, sentence, clau'se or phrase be declared invalid 'or inoperative or for any
reason becomes unenforceable.
7. No Waiver. The failure of the Declarant, the Board or its agents and the
Owners to insist, in one o~, more instances, upon the strict performance of any of the
terms, covenants, Conditions or restrictions of this Declaration, or to exercise any right
or option herein contained, or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment, for the future, of such term, covenant,
condition or restriction sl-'.afl remain in full force and effect. The receipt and acceptance
by the Board or its agent of payment of any assessment from an Owner, with the
knowledge of the breach or' any covenant hereof, shall not be deemed a waiver of such
17
0:900111 - 66 9
breach, and no waiver b',/~he Board of any provision hereof shall be deemed to have
been made unless expre,,;s~d in writing and duly signed by or on behalf of the Board.
8. Variances. The Architectural/site Committee, in its sole discretion, may
allow reasonable variances and adjustments of the foregoing covenants, conditions and
restrictions in order to' overcome practical difficulties and prevent unnecessary
hardships in the applicS, tion of the covenants contained herein. Any variances or
adjustments of these conditions, covenants and restrictions granted by the said
Committee, or any acquiescence or failure to enforce any violations of the conditions
and restrictions herein, shall not be deemed to be a waiver of any of the conditions and
restrictions in any other ir'stance.
IN WITNESS WI-tE:~EOF, Declarant has caused this Declaration to be duly
executed as of the day arid year first above written.
SHR Land, Inc., a Wyoming Corporation
By
Tony R~yaI, President~''''
ATTEST:
Secretary
18
O~oo:tz:t 670
STATE OF WYOMING
COUNTY OF:/~7'-~/_
The foregoing instrumen[ was acknowledged before me by Tony Royal as
president of SHR Land, INC., who duly acknowledged such signature to be the
and
deed,,o~f
said
corporati~)n and duly approved by its board of directors, this d:::~ff¢-~
day of 7t? ~/ 2oo4.
Witness my hand ;]nd official seal.
Il oou":~-;;'-'~~ s~ o~ ~
My commission ex'oires:
NOTA~LIC
19