HomeMy WebLinkAbout900398SALT RIVER CO'YE DEVELOPMENT - LiNCOLN. '~¢D_!LI,N-:LY, WYOMiNG
LIr...lCr-.,,. ...r'~., f?c:,. ¢.:~ CLE r,,tx
DECLARATI " .3 %~ Q
O~ ~p} e~V~NANT8, CONDITIONS, ~D RgSTRrCTIONS
C F SALT RIVER COVE DEVE
This Declarauon 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
t5th day of June, 2004 ("Declaration"), by Jackson Hole Junction, LLC, a Wyonfing limited
liability company, Robert. and Connie Meikle, Title-holders, hereinafter referred to as
"Declarant," the Owners of Lots 1 through 16, of Salt River Cove Development ("the
Development") in accordar..c:e with the plat to be filed for record in the Office of the Lincoln
County Clerk in Lincoln Ccunty, Wyoming, ("the Plat"), which shall hereinafter be referred to as
the "Property." The Proper:y is of mfique scenic and natural wdue, and Declarant is adopting the
following Covenants, Cond,.tions, and Restrictions to preserve and maintain the natural character
and value of the Property fcr the benefit of all Owners of the Property and Common Areas.
NOW, THEREFORE, Declarant hereby declares that all of the Property described shall be
owned, held, sold, conveyed, encumbered, leased, used, occul)ied, and developed subject to the
following easements, restrictions, covenants, and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with the Property and be binding on
all parties having any right; title, or interest in the Property or any part thereof, their heirs,
successors and assigns and :;hall inure to the benefit of each Owner of any part thereof.
ARTICLE I - DEFiNiTIOI'~S
1. "Association" shall mean and refer to the Salt River Cove Property Owners Association
and its successors and assig,~s.
2. "Board" shall mean the Board of Directors of the Association established to administer
and enforce the terms and cmditions of this Declaration se! forth herein.
3. "Common Areas" shall mean the private roadways within the Property which provide
access to individual Lot lites from U.S. Highway 89, the equestrian and walking trails and the
67
2
open space areas (pastures, "~erms, and Common Area ponds) all as designated on the Plat, and
any and all improvements- associated with any domestic water system including without
limitation wells, pumps, tan[s, or other storage facilities, and water distribution pipelines.
4. "Common Services" shall mean the mmntenance of any Common Area landscaping,
snow removal services for Common Area access roads, utility line maintenance and repair
services for utility lines loca.ed in the rights-of-way of such roads, and maintenance of any water
system.
5. "Declarant" shall mean and refer to Jackson Hole Junction, LLC, Robert and Connie
MeiNe, Title-holders.
6. "Lot" shall mean and refer to any of the single-family residential plots of land described
above and shown upon lhat certain recorded Developmem plat of the Property filed by the
Declarant in the Office of Lincoln County Clerk.
7. "Owner" shall mean 'and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot, including contract buyers and Owners of a beneficial
interest, but excluding those having such interest merely as security for the performance of an
obligation.
8. "Principal Residence" shall mean the single-family residential Structure, constructed on
any Lot of the Property, whim is the principal use of such Lot, and to which the other authorized
Structures on such Lot are accessory.
9. "Property" shall me;tn and refer to that certain real property known as the Salt River
Cove Development, in acco~,dance with the plat to' be filed for record in the Office of the Lincoln
County Clerk in Lincoln Co:nnty, Wyoming as Plat No. 367D and such additions thereto as may
hereinafter be brought within the jm-isdiction of the Association.
10. "Structm'e" shall rne?n anything built or placed on the ground, excluding fences.
ARTICLE II - PROPERTY, RIGHTS
1. Owners' Easements c,f Enjoyment. Every Owner shall have the right and easement of
enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the
title to every. Lot, subject to the following provision:
a. The right of the Association to charge reasonable assessments, charges and user
fees for the use and maintenance of the Common Areas as hereinafter set forth.
b. The right of lhe Association to establish rules and regulations, including speed
limits, for the use of Common Areas and to impose reasonable sanctions for the violations of the
published rules and regulati, ms.
c. The right of Declarant and their heirs, successors, assigns, and invitees to use of
the Common Areas is perpetrity.
2. Delegation of the A:gsociation of Use. Any Owner may delegate, in accordance with the
Bylaws of the Association, his right of enjoyment to Common Areas only to the members of his
immediate family, his tenants, or contract pm'chasers wh° reside on the Property.
ARTICLE III - ASSOCIATION MEMBERSHiP AND VOTING RIGHTS
1. Association Membe;"snip. Declarant shall have all of the rights, powers, and authority of
the Association until the Let Owners have formally established the Association, either as a
corporation, unincorporated z~ssociation, or other legal entity of their choosing. The Lot Owners
shall establish the Associa.ion when 11 of the 16 Lots have been sold by Declarant. Every
Owners of a Lot shall be a member of the Association. For purposes of voting and meetings of
the members, there shall be 'one vote for each Lot. Membership shall be appurtenant to and may
not be separated from owne:ship of any Lot that is subject to assessment.
2. Management of As';ociation and Property. The management and maintenance of the
Property and the business, 7~roperty and affairs of the Association shall be managed by a Board
of Directors as provided in this Declaration, its organizational documents and bylaws
("governing documents"). All agreements and determinations with respect to the Property
lawfully made or entered imo by the Board,
Board of Directors -~f the Association.
6'7 4
4
The Board of Directors (the "Board") of the
Association shall consist of hve (5) members, or such additional number as may be approved by
the members in accordance i4th its governing docmnents. The term of a member shall be three
(3) years, except that the te~ins of the members of the initial Board shall be one, two, and lhree
years. Thereafter, all members shall serve for a term of three (3) years. The Board shall be
elected by a majority vote c,~' the members of the Association. All Board members shall be an
owner or an office, parmer, :d~areholder, or member of an owner. Until 11 of the Lots have been
sold and title transferred to new Owners, the Declarant reserves the right m appoint and remove
all members of the Board and to exercise the powers and responsibilities otherwise assigned by
this Declaration to the Asso,ziation. By express written declaration, Declarant shall have the
options, at any time, to tvrn over the Association the total responsibility for electing and
removing members of the Board.
4. Authority and Duties: The duties and obligations of the Board and rules governing the
conduct of the Association,shall be set forth i'n the governing documents as they may be
amended from time to time
5. Limited Liability of Board of Directors, etc. Members of the Board and their officers,
assistant officers, agents, and employees acting in good faith on behalf of the Association:
a. shall not be-i, able to the Owners as a result of their activities as such for any
mistakes of judgment, negligence or otherwise, except for their own willful misconduct or bad
faith; ,
b. shall have nc. personal liability in contract to an Owner or any other person or
entity under any agrecmen!, instrmncnt or transaction entered into by them on behalf of' the
Association in their capacity as such;
c. shall have no personal liability in tort to any Owner or any person or entity,
except for their own willful !nisconduct or bad faith;
d. shall have no. '~ersonal liability arising out of the use, misuse, or condition of the
Property which ri'fight in any' way be assessed against or imputed to them as a result of or by
virtue of their capacity as such.
ARTICLE IV - COVENANF FOR MAINTENANCE ASSESSMENTS
1. Creation of the Lie:l: and Personal Obligation of Assessments. Each Owner of any Lot,
by acceptance of a deed th~ refore, whether or not it shall be so expressed in such deed, is deemed
to have consented to be su[ ject to these covenants and agrees to pay the Association:
a. Annual assessment of charges; and
b. User fees or charges; and
c. Water system connection fees; and
d. Special assessments for capital improvements, such as assessments to be established
and collected as here~;nafter provided.
A general continuing lien i:~ hereby imposed on each Lot in the Development for the payment of
annual and special assessments imposed on Lots according to this Declaration. In connection
with this general lien, all such assessments together with interest, costs and reasonable attorney's
fees shall also be the personal obligation of the entity or person who was the Owner of such
Property at the time when the assessment fell due.
In addition, for the collection of delinquent user fees or charges, the Board may by resolution
enact such policies and p~'ocedures or rules and regulations as it deems appropriate including
without limitation imposit:on of service charges, collection of attorney fees or other costs of
collection, disconnecting o.,' otherwise terminating services, or the filing of a lien against the Lot
for the amount due.
2. Purpose of Assess-nents. 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 roads (snow
removal and asphalt maint mance), trail and open space maintenance, maintenance of tiny water
system, and Association management expenses.
3. Annual Budget. '_rhe Board shall prepare an annual budget estimate for Common
Services and administratkn of the Association and fix'the amount of the annual assessment
based on its estimate. Suc'~ annual budget shall be prepared and approved by the Board at least
thirty (30) days in advance of each annual assessment period.
4. Special Assessments for Capital Improvements. Iu addition to the annual assessments
authohzed above, the AssOciation may levy, in any assessment year, a special assessment
applicable to that year onl'!~' for the pm-pose of defraying, in whole or part, the cost of any
construction, reconstructiop_, repair or replacement, or a capital improvement including the
Common Areas and shared access road, including fixtures and personal property related thereto,
provided that any such asse,'.sment shall have the assent of at least 11 of 16 Lot Owners who am
voting in person or by proxy at a meeting duly called for this purpose.
5. Notice and Quorum 'or Any Action Authorized under Sections 3 and 4. Written notices
of any meeting called for tl- ~ pm'pose of taking any action authorized under Sections 3 or 4 of
this article shall be sent to 'dl members not less than thirty (30) days nor more than sixty (60)
days following the preceding' meeting. At the first such meeting called, the presence of members
or of proxies entitles to cast'60 percent (60%) of all the votes of the membership shall constitute
a quorum. If the required quorum is not present another meeting nmy be called subject to the
same notice requirement, md the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quormn at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) da~,,s following the preceding meeting.
6. Uniform Rate of Assessment. Except for lots owned by the Developer, both the annnal
and special assessments mu,'.t be fixed at a uniform rme for all Lots and may be collected on a
monthly or other periodic b~sis as deternfined by the Board. Lots owned by the Declarant shall
not be assessed or required t.~ pay assessments of any kind.
7. Date of Commencenient of Annual Assessments: Due Dates. The annual assessments
provided for herein shall cctmmence as to all Lots subject to assessment on the first day of the
month following conveyance of the first Lot. The first annual assessment for lots purchased
thereafter shall be adjusted 'itccording to the number of months remaining in the calendar year.
The Board shall fix the mno:'.nt of the annual assessment against each Lot at least thirty (30) days
in advance of each annual assessment period. Written notice of the annual assessment shall be
sent to every Owner subject thereto. The due dates shall be established by the Board. The
Association shall, upon demand and for a reasonable chm'ge, furnish a certificate signed by an
7
officer of the Association setting forth whether the assessments on a specified Lot have been
paid.
8. Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment
not paid within thirty (30) days after the due date shall bear interest at the rate of 12 percent
(12%) per annum. The Ai~,sociation may bring an acnon at law against the Owner personally
obligated to pay the same, or foreclose the lien against the Property in the same manner as real
estate mortgages with power of sales are foreclosed in Wyoming pursuant to W.S. 34-4-101 et
seq., and any successor o~';replacement statute thereto. No Owner may wmve or otherwtse
escape liability for the assessments provided herein by non-use of the Common Areas or
abandonment of his Lot.
9. Priority of the Ass~ssment Lien. Sale or transfer of any Lot or the recording of any
mortgage or other lien agai,~st any Lot shall not affect the priority of the assessment lien.
ARTICLE V - ARCHITECTURAL STANDARDS
1. Architectural/site (?r)mmittee: Organization. There shall be an Architectural/site
Committee consisting of the Board as soon as the Board has been organized and is operating.
2. Initial Architectural/site Committee. The initial Architectural/site Committee shall be
Robert R. Meikle and Connie R. Meikle and their appointed representatives. Three additional
appointed representatives shall be selected by Robert R. Meikle from existing Lot Owners who
desire and are willing' to serve on the Architectural/site Committee. However, the appointed
representatives serve at th~ sole discretion of Robert R. Meikle and Connie R. MeiMe and may
be removed by them at any time in which case Robert R. Meikle and Connie R. Meikle and the
remaining representatives curly would constitute the initial Architectural/site Committee.
3. Architectural/site Committee Duties. It shall be the duty of the Architectural/site
Committee to consider ano act upon such proposals l*or the plans snbnfitted t° it from time to
time, to adopt Architecturtj/site Committee rules pursuaut to Section 5. of this Article, and to
Perform such other duties 1¥'om time to tinie delegated to it by the Association. No Lot Owners
shall construct any Structure on a Lot without prior approval of all plans for such construction by
the Architectural/site Comn.:,ttee.
4. Architectural/site C :)rmnittee: Meetings: Action: Expenses. Architectural/site
Committee shall meet from lime to time as necessary to properly perform ~ts duties hereunder.
The vote or written conseat of a majority of its members shall constitute an act by the
Architectural/site Con~mittet; unless the unanimous decision of its members is otherwise required
by this Declaration. The Architectural/site Committee shall keep and maintain a record of all
action fi-om time to time taken by the Architectural/site Committee at such meetings or
otherwise. Unless author!,~ed by the Association, the members of the Architectural/site
Conmfittee shall not receivd any compensation for services rendered. All members are entitled
to reimbursement for incidental mailing and copying expenses incurred by them in connection
with performance of the sh;dl be entitled to reimbursement for reasonable expenses incurred by
them in connection with Architectural/site Comnfittee functions.
5. Architectural/site Committee Rules. Architectural/site Committee may, from time to
time, and in its sole disc~'etion, adopt, amend, and repeal by unanimous vote, rules and
regulations, to be know:v' as "Architectural/site Committee Rules." A copy of the
Architectural/site Committe:~, rules, as they may fi'om time to time be adopted, amended or
repealed, and certified by my member of the Architectural/site Committee, shall have the same
force and effect as if they were part of the Declaration. The Architectural/site Comn-fittee may
record the same if deemed n.:cessary.
6. Non-Waiver. The approval by the Architectural/site Committee of any plans, drawings,
or specifications for any wo~ k done or proposed, or in connection with auy other matter requiring
the approval of the Archite,xural/site Committee under the Covenants, shall not be deemed to
constitute a waiver of an., right to withhold approval as to any similar plan, drawing,
specification, or matter whenever subsequently or additionally submitted for approval.
7. Liability. Neither the Architectural/site Committee nor any member thereof shall be
liable to the Association or t3 any Owner or project committee for any damage, loss, or prejudice
suffered or claimed on acco;nnt of (a) the approval of any plans, drawings, and specifications,
whether or not defective, (b) the construction or perforlnance of any work, whether or not
9
pursuant to approved plaus, drawings, and specifications, (c) the development or manner of
development, of any prope:~.y within the Property, or (d) the execution and filing of a certificate
pursuant to Section 7. above, of this Article, whether or not the facts therein are correct;
provided, however, that such member has, with the actual knowledge possessed by him, acted in
good faith. Without in an ¢ way limiting the generality of the foregoing, the Architectural/site
Committee, or any member thereof, may, but is not required to, consult with or hear the
Association or any Owner with respect to any plans, drawings, specifications, or any other
proposal submitted to the Architectm'al/site Committee.
ARTICLE VI- DESIGN STANDARDS
1. General Standards.. The following standards and restrictions are applicable to the
construction, remodeling, al!eration, and exterior refinishing of any and all Structures, including
fencing, improvements and site preparation upon each Lot.
2. Uniform Codes. A;I structures or nnprovements shall be erected m accordance with the
cra'rent edition of the followSng uniform codes:
a. Uniform Buildin:; Code;
b. International Conference of Building Officials;
c. National Plumbing Code;
d. National Electric Code; and
e. National Fire Prc4ective Association International.
3. Design Character.. All buildings shall be constructed in character with each other
specifically by using complementary exterior roofing, building materials, and coloring on each
building on the properties. All buildings will be faced or stained in colors that blend into the
natural environment and landscape of the area.
a. Exterior material's will be of rough sawed natural wood, peeled log, stone, synthetic
stucco, brick, or other rou2h textured natural material. No altmfinum siding, vinyl siding, or
cinder blocks shall be used as exterior material. Roof inaterials shall be asphalt (architectural
grade shingles), slate, or cedar shingles. No metal roofing shall be allowed either on Primary
Residences or accessory Structures. No metal fences, accept for prefabricated metal gates, shall
be allowed.
10
b. All buildings must COlnply with either the current editions of the Uni£ot'm Building
Code, the National Plumbii.tg Code, and the National Electrical Code, or, if applicable, State of
Wyoming, and/or Lincoln C.i)unty Building and Safety Codes.
c. Exterior colors s ~all be either earth tones (such as brown, taupe, green, red, grey) or
other colors as approved :2y the Architectural/site Committee are suggested. Black, white,
pastels, and loud blues m:ty not be used. Non-glare, flat finish materials for exteriors are
recommended, and stains sl~ould be penetrating natural stains and oils.
4. Building Design. The design of all buildings is subject to the following:
a. No Structure or i~nprovements shall be constructed on the properties other than one (1)
single-family dwelling to be occupied by the owner, his lessee, guests and servants. One (1)
additional accessory structt re, such as a garage, guest house (for the use of guests and not for
rent), storage building, (to be used to house vehicles, equipment or supplies), or a barn (to be
used to house horses) is pmtnitted. Multiple uses may be combined into one building, such as a
garage with a guest house or a barn with additional storage space, each as approved by the
Architectural/site Committee. Accessory building locations must be at least fifteen (15) feet
behind the front lot line of the Primary Residence. Site plans for accessory buildings require
Architectural/site Committee approval in order to protect views of adjoining lots; a minimum
fifteen (15) foot side yard setback for accessory buildings is required. All improvements shall be
of new, permanent constmclion using good quality workmanship and materials and in character
with the architecture of the ;: rimary Residence.
b. The minunmn foor area of any one-story single-family residence shall not be less
than 2,400 square feet as neasured by the exterior building dimensions on the ground floor
('footprint), exclusive of t',~e garage, carport, or uuenclosed porches or decks. Two-story
residences will require a ground floor lbotprint of a miniumn'~ of 1800 square feet, aud a
combined total of not less th:m 2,400 square feet. All residences must also include a garage with
a minimmn of 600 square f,':et, attached to the Primary Residence either directly or by a covered
breezeway.
c. No structure sha!l, be erected, altered, placed, or permitted to remain on the property
which shall exceed two (2) stories in height. This shall not include a walkout basement or
underground garage. Prim:try Residences shall not exceed thirty five (35) feet in height above
the elevation of the street el,:vation, and accessory buildings shall not exceed thirty (30) feet in
height above the street elevation.
l!
d. Roofs shall have a minimmn pitch of five feet in twelve feet. All primary roofs shall
have a mininmm overhang of sixteen (16) inches. Solar collectors shall not be considered roofs,
No metal roofing shall be allowed
e. Solar collectors may be of any construction, ~naterials, or pitch required for'efficient
operation, but they shall not be placed on any structure iii a manner which causes objectionable
glare to any neighboring resident. Solar collectors shall be integrated into the structure of a
residence, garage, carport, c r other accessory building and shall not be flee-standing.
f. Setbacks shall pot be less than fifty (50) feet fi'om the fl'ont lot boundary. Front
setbacks of more than sew:my (70) feet require approval of the Architectural/site Committee.
Side yard setbacks require a' minimuln of fifteen (15) feet.
5. Site Design. Site de}ign shall comply with the following requirements.
a. Fencing shall cmnply with the following requirements: only fences consisting of
wood posts with top rail sP)nning three (3) posts and two (2) wooden rails below (for a total of
three (3) rails) for pasture ~'t'eas will be allowed on the Property. Fencing of pastures only is
permitted on the property x~ ithout Architectural/site Committee apProval. Fencing for dog runs,
children's play areas, and for screening of yard toys such as trampolines, swing sets, sand boxes,
and other children's structures requires approval of the Architectural/site Committee. Each Lot
Owner may enclose 1,000 sciuare feet which could include backyard or side yard space intended
to be contiguous to either thc primary or accessory structm-e. Construction of the enclosure shall
be of cedar fench~g material with eight (8) foot posts on center with three (3) vertical support
rails and stained to match he trim color of the primary and accessory Structures. Site layout
must be submitted to the Architectural/site Committee for approval.
b. All propane tank}', water tanks, or similar storage facilities shall either be coustructed
as an integral part of a StructUre, or shall be iustalled or constructed underground.
c. Sanitary Facilitie; 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 Wyonfing and Lincoln CoUnty, and no
privy, outside latrine, or od~er like facility shall be permitted except during construction of a
principal residence in which case it is required by this Declaration to have such a facility. Every
Owner shall refrain from ca,/sing any water or pollution emanating fi'om his Lot.
d. A domestic water supply shall be provided by Declarant as part of the Development.
A water connectiOn shall be provided at the boundary of each Lot. Each Lot Owner is
12
responsible to provide the necessary equipment and construction to connect to the water system.
All arrangements and facilit es providing domestic water shall conform to all laws and stm'~dards
set by the State of Wyoming, its departments and political Developments.
e. All driveway approaches to Lots from any Common Areas within the Development
shall include a planned ]ayo~,~t~to be approved as pnrt of the plan submittal process. Approaches
are not allowed to be closer than twenty (20) feet fi'om any lot line and are required to be twenty
four (24) feet in width at th~: street connection. Driveways may taper to Owner's desired width
at the front lot line of the Property. A deposit of six hundred dollars ($600) is required and will
be retained by the Architectt,ral/site Committee for completion of driveway connections until the
Owner completes the approazh at his own expense.
f. All other appro~iches, such ns pasture or frail accesses, from Lots to any other
Common Areas within the Development shall be approved by the Architectural/site Committee.
Proposals may require culverts, metal gates, or special landscaping treatment not to compromise
the aesthetics or function of ~h¢ Common Area.
6. Construction. Before: excavation or construction begins on any Lot, Owner must provide
a clean approach (constructed of pit run gravel) from the street to the building envelope. The
exterior of any building mu,':t 'be completed within twelve t 12) months after the commencement
of construction except whine such completion would be impossible, due to size of project, or
doing so would result in undue hardship to the Owner because of strikes, emergencies, or natural
calamities; provided, howewm that the Owner is nonetheless obligated to either diligently pursue
completion or removal of tN.: building.
ARTICLE VII - LAND CLASSIFICATIONS, USES, AND RESTRICTIVE COVENANTS
areas:
Land Classifications, All land within the Property has been classified into the following
a. Residential, and
b. Common Areas.
2. General Restrictions:.' The following general restrictions shall apply to all land, regardless
of classification:
a. No building, Str~cture, sign, fence, refinishing, or improvement of any kind shall be
erected, placed, or permitted to remain on any Structure, Lot, or trace, and no excavation or other
work which in any way alters any Lot fi'om its natural or improved state existing on the date the
Lot was first conveyed in fee by Declarant to Owner shall be erected, placed, done, or permitted
to remain on any Structure, Lot, or tract until the plans and specifications have been approved in
writing and a building permit has been issned by the Architectural/site Commitlee. Plans for
buildings for the refinishing or improvement if the same shall include scaled floor plans, exterior
elevations indicating height: a list of exterior materials, and a site plan.
b. Two copies of any proposed plans and related data shall be furnished to the
Architectural/site Comn-fittee, one of which may be retained by the Architectural/site Committee
for its records. Any approval given by the Architectural/site Committee shall not constitute a
warranty, express or implied, of compliance with any applicable building or safety codes for any
other purposes other than the authority for the person submitting the plan 1o commence
construction.
3. Residential Area: Uses: Restrictions.
a. Each residential lot shall be used exclusively for residential purposes, and no more
than one (1) family (including its servants and transient guests) shall occupy such residence;
provided, however, that nothing in this subparagraph (a) shall be deemed to prevent:
(1) Construction of ~. guest home in accordance with this Declaration;
(2) The leasing of any lot fi'om time to time by the Owner thereof, subject, however, to all
of the restrictions as may be adopted from time to time by the Association.
b. Each Lot, and an3, and all Structures and improvements from time to time located
thereon shall be maintained by the Owner thereof in good condition and repair, and in such
manner as not to create a fir~ hazard, all at such Owner's sole cost and expense.
c. There shall be l\O 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 rabbish control as may from time to time be permitted by the Lincoln
County fire regulations dm'ing winter months.
d. Only domestic pets, not more than two (2), are permilted and must be maintained on
an Owner's lot and not allowed to create a nuisance. Standard pet enclosure design must be
approved through the Arch;te,::tural/site Committee. Horses are allowed only on Lots 4, 5, 6, 7,
and 8 of Salt River Cove Division No. 1. Lot Owners shall be permitted to keep not more than
14
two (2) horses, including f~,~ls, per fenced acre of pasture, h'rigated pastures may allow higher
grazing density subject to ap.groval of the Architectural/site Committee. In addition, during the
spring and smnmer months prior to the Lincoln County Fair, domestic animals may be
maintained on any lot but c ~ly for the purpose of conducting a 4-H project. Any such animals
must be removed from the Property within seven (7) days of the concluding date of the Fair.
e. No commercial signs whatsoever shah be erected or maiutained upon any lot. A
wooden residential identification sign of combined total face area of three (3) square feet or less
may be erected. A s~gn advertising the premises for sale may be erected as needed for such
purposes, provided such sis ~ does not exceed a combined total face area of six (6) square feet.
f. No noxious, offe~Isive, or noisy activity (disturbance to the peace and tranquility) shall
be carried on upon any Lot nor shall anything be done or placed thee:eon which may become a
nuisance, or cause unreasom~b]e en'~barrassment, 'distm'bance, 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 in
the Development, are enitled to the reasonable enjoyment of its natural benefits and
sm'roundings.
g. No house trailer', mobile home, shack, or siufilar facility or structure shall be kept,
placed, or maintained upon.any Lot at any time. The phrase "manufactured or modular houses"
means a house or other structure constructed at a location other than on the Lot where it is to be
located and then is moved in one or more pieces to the l~ol'. The terms "house trailer" or "mobile
home" as used herein inclu;les but is not limited to any building or structure with wheels and/or
axles and any vehicle used at any time, or constructed so as to permit its being used for the
transport thereof upon the liublic streets or highways and constructed so as to penni{ occupancy
thereof as a dwelling or slgeping place for one or more persons, and shall also mean any such
building, structure, or vehicle, whether or not wheels and/or axles have been removed, after such
building, structure, or vel icle has been placed either temporarily or permanently upon a
foundation. Recreational v,~hicles, motor homes, trailers, campers, pop-up trailers, boats, water
craft, snowmobiles, three cud four wheelers and the like, may not be stored on a lot in the
development. Above items fimst be stored in an enclosed space in either the main garage ox' an
outbuilding.
h. Each Lot Owner 'shall be responsible to pay quarterly assessments for Common
Services in conjunction Wilh all other Lot Owners as set forth herein. Bushes, shrubs, weeds,
and all other vegetation sht 11. be cleared and large trees pruued within the road rights-of-way
improve visibility, with rektc~d costs being common costs.
15
Such quarterly assessments shall not
exceed two hundred and fifty dollars ($250.00) per quarter per Lot until January 1, 2007. After
that date the amount of the annual assessment may be modified by the Association fi'om time to
time as determined by the Board. The Association may impose special assessments, user fees
and charges, and connectior lees in accordance with this Declaration.
i. No discharge of any firearms in the Development will be allowed. No huming of
wildlife of any sort will be ~tlowed within the confines of the Development.
j. Vehicles shall not be constructed or repaired on any Lot so as to be visible from a
neighboring property or the street. No inoperable vehicle lnay be stored or parked on any Lot.
k. All garbage and trash shall be placed and kepi in covered containers which shall be
maintained so as not to be ~i, isible fi'om neighboring property. The cost of commercial trash
collection shall be paid b~,' each owner, in accordance with the billing of the collector. No
rubbish or debris of any kind shall be placed or permitted to accmnulate on any Lot. No metal
including without lin-fitation scrap metal or metal drums shall be kept, stored, or allowed to
accumulate on any Lot except in an enclosed structure.
1. Owners shall not obstruct the Common Areas. No vehicles of any Mnd may be parked
or left standing in the Comn'mn Areas.
ARTICLE ViII - GENERA'L PROVISIONS
1. Lot Splitting; Cons 3lidatiom Two or more contiguous Lots within the Property may be
combined. Such consolidafsd Lots may thereafter be treated as one Lot and building site, and as
such may be subjected to !h's Declaration the same as a single Lot except for the purpose of
levying and collecting assess~nents. No Lot may be divided or subdivided.
2. Assignment of Powers. Any and all of the rights and powers vested in the Declarant
pursuant to this Declaration may at any time Be delegated, transferred, assigned, conveyed, or
released by Declarant to tl-.e Association, and the Association shall accept the same, effective
upon the recording by the Declarant of a notice of such delegation, transfer, assignment,
conveyance, or release.
3. Condemnation of Common Area. If at any time, or from time to time, all or any portion
of Common Areas,-or any interest therein, shall be taken for any public or quasi-public use,
16
under any statute, by right of eminent domain or by pm, ate purchase in lieu of eminent domain,
the entire award in condemnation shall be paid to the Association and deposited into either the
operating fired or the develo'pment fund as the Association may, in its sole discretion, determine.
No Owner shall be entitled to any portion of such award and no Owner shall be entitled to
participate as a party, or otherwise, in any proceeding relating to such condemnation, such right
or participation being herein reserved exclusively to the Association which shall, in its name
alone, represent the interestx of the Owners; provided, however, that the portion of any award
relating to improvements which constitutes a private recreation facility shall be divided equally
anmng the Owners who, at t[~ei time of such taMng, are permitted users of such facility.
4. Notices: Documents: iDelivery. Any notice or other document permitted or required by
this Declaration shall be delivered either personally or by mail. If delivery is made by mail, it
shall be deemed to have bee-t delivered seventy-two (72) hours after a copy of the same has been
deposited in the United States mail, postage prepaid, addressed as follows: if to the Association
or to the Architectural/site Committee, at such address as the Association may determine and
notify all Owners and Decla,'aat in writing npon its organization; if to an Owner, than at any Lot
within the Development owned by the Owner; if to the Declarant, at 1462 Bluejay Place, Eagle,
ID 83616; provided, however, that any such address may be changed fi'om time to time by an
Owner, by the ArchitecturalSSite Committee, or by the Declarant by notice in writing, delivered
to the Association, if organized, or if not to all Lot Owners, and to Declarant.
5. General Maintenance. The maintenance, alteration, replacement, and/or repair of the
Common Areas shall be the responsibility of the Board. The Board, as part of its
responsibilities, shall mai'ntein, repair, and provide for snow remoVal and maintenance activities
on all roadways. The mair'tdnance, repair, and replacement of all improvements on each Lot
shall be the responsibility of tl~e Owner of such lot.
ARTICLE IX - ENFORCEMENT, DURATION, AND AMENDMENT
1. Enforcement. The Association, or any Owner, shall have the righ[ to enforce, by any
proceeding at law or in equiiy, all restrictions, conditions, covenants, reserwttions, liens, and
charges now or hereafter in'posed by the provisions of the Declaration. If such a proceeding is
successfully brought, the pm-ty against whom the action was brought shall pay to the enforcing
party all costs thereof inch ding without limitation a reasouable attorney fee in addition to any
other relief that may be gr}~nted. Failure by the Association or by any Owner to enforce any
covenant or restriction he~ei?t contained shall in no event be deemed a waiver of the right to
do so thereafter. In addifio:~, the Association may eslablish fines and the time for payment
thereof for violation of the provisions of this Declaration If any such fines are nor paid when
due, the Association shall haYe a lien on the Lot of the Owner who owes the fine and shall have
the right to collect the fine in ~-he same manner ,is annual assessments.
2. Duration of Restric;ions. All of the covenants, conditions, and restrictions set forth in
this Declaration shall continue to remain in full force and effect at all times against the Property
and the Owners thereof, subject to the right of amendment or ~nodification provided for in this
Article, for a term of thirty ,30) years.
3. Amendment. This [.:eclaration may be amended during the first thirty (30) year period by
an instrument in writing signed by not less than eleven (11) of sixteen (16) (approximately 69%)
of the Lot Owners, and the~'eafter by an instrument in writing signed by not less than sixty nine
percent (69%) of the Lot Cwners, which amendment becomes effective when the instrument is
recorded in the Office of the County Clerk in Lincoln Cotmty, Wyoming. The Declarant shall
have the right in its sole d;scretion, during such time as Declarant owns not less than ten (10)
Lots, to amend or modify lhis Declaration by an instrument in writing, and all Lots within the
Development including these previously sold shall be subject to such modification. Any such
amendments shall be duly executed by the Declarant and are effective when recorded in the
Office of the County Clerk :)f Lincoln Connty, Wyoming.
4. Annexation. Additional residential property or common area may be annexed to the
Property by Declarant at an/lime, provided that all of such additional Property and Owners shall
be subject to this Declaration.
5. Violation Constitutes Nuisance. EverY act or omission, whereby any restriction,
condition, or covenant in ti:is Declaration set forth, if violated in whole or in part, is declared to
be and shall constitute a misance any may be abated by Declarant or its successors in interest,
the Association and/or by ~'nv Lot Owners; and such remedies shall be deemed cumulative and
not exclusive.
....
6. Construction and V,didity of Restrictions. All of said covenants, conditions, and
restrictions contained in thL, Declaration shall be construed together, but if it shall at any time be
held that any one of the said conditions, covenants, or reserwttions, or any part thereof, is invalid,
or for any reason becomes,unenforceable, no other condition, covenant, or reservation, or any
part thereof shall be thereb? affected or impaired; and the Declarant, grantor and grantee, their
heirs, successors and assign.i, shall be bound by each Article, Section, subsection, paragraph,
sentence, clause, and phrase of this Declaration, irrespective of the fact that any Article, section,
subsection, paragraph, sentence, clause, or phrase be declared invalid or inoperative or for any
reason becomes unenforceab;e.
7. No Waiver. The f~'~ilure of the Declarant, the Board or its agents, and the Owners to
insist, in one or more instances, upon the strict performance of any of the terms, covenants,
conditions, or restrictions in this Declaration, or to exercise any right or options herein contained,
or to serve any notice or ~o institute any action, shall not be construed as a waiver or a
relinquishment, for the futura, of such term, covenant, condition, or restriction shall remain m
full force and effect. The receipt and acceptance by the Board or its agent of payment of any
assessment from an Owner: with the knowledge of the breach of any covenant hereof, shall not
be deemed a wmver of such breach, and no waiver by the Board of any provision hereof shall be
deemed to have been made' unless expressed in writing and duly signed by or on behalf of the
Board.
8. Variances. Architec'mral/site Committee, in its sole discretion, may allow variances and
adjustments of the forego ng covenants, conditions, and restrictions in order to overcome
practical difficulties and p'-event unnecessary hardships in the application of the restrictions
granted by the said Commiitee, or any acquiescence or failure to enforce any violations of the
conditions and restrictions :~erein, shall not be deemed to be a waiver of any of the conditions
and restrictions in any other instance.
iN WITNESS WHEREOF Declarant has caused this Declaration to be duly executed as of the
day and year first above written.
Jackson Hole Junction, LLC
a Wyo~mng Limited Liability Company
Robert R. Meik'le
Connie R. Meikle
Jackson Hole Junction, LLC
c/o Robert R. Meikle
1462 Blue Jay Place
Eagle, 1D 83616
208-870-6563
www.jacksonholejunction.com
0.90 ohth~S C~0 19
IN WITNESS WHEREOF,;Declarant has caused this Declaration to be duly executed as of the
day and year first above written.
Jackson Hole Junction, LL'C
a Wyonfing Li~nited Liability Company
Robert R. Meikle
Connie R. Meikle
Jackson Hole Junction, LLC
c/o Robert R. MeiMe
1462 Blue Jay Place
Eagle, ID 83616
208-870-6563
www.j acksonholej unction.c,,.m'~