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HomeMy WebLinkAbout902818 RECEIVED LINCOLN COUNTY CLERK THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REGULATING AND CONTROLLING THE USE AND DEVELOPMENT OF 32.71 ACRES OF REAL PROPERTY IS MADE EFFECTIVE ON THE FILING HEREOF BY LONGVIEW RANCH, A WYOMING CORPORATION, SOLELY OWNED BY D.C. KRAUTTER, JEAN M. KRAUTTER AND GAlL SUSAN ASBURY, TRUSTEES OF THE "KRAUTTER FAMILY TRUST DATED AUGUST 26, 1996", SAID LONGVIEW RANCH, OF ALPINE, WYOMING IS HEREIN AFTER REFERRED TO AS "DECLARANT". WHEREAS, DECLARANT IS THE OWNER OF THAT CERTAIN 32.71 ACRE PROPERTY IN LINCOLN COUNTY, WYOMING, HEREINAFTER REFERRED TO AS "LONGVIEW RANCH", A PLANNED UNIT DEVELOPMENT OF 32.71 ACRES LOCATED IN THE Wl/2 NWl/4 OF SECTION 15, TOWNSHIP 36 NORTH, RANGE 119 WEST, LINCOLN COUNTY, WYOMING, AND MORE SPECIFICALLY IDENTIFIED AS PLAT 361-A, A SUBDIVISION OF 26 LOTS, RECORDED AS NUMBER 872264 IN THE OFFICE OF THE LINCOLN COUNTY CLERK IN KEMMERER, WYOMING, ON THE 22ND DAY OF MARCH 2001; AND WHEREAS, THE DECLARANT IS ACTING TO PROMOTE THE RECREATION, HEALTH, SAFETY AND WELFARE OF THE OWNERS OF LONGVIEW RANCH AND WILL ADMINISTER AND ENFORCE THE PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS OF THIS DECLARATION; AND WHEREAS, THE DECLARANT RESERVES THE RIGHT TO AMEND THESE COVENANTS, CONDITIONS AND RESTRICTIONS DURING THE DECLARANT'S DEVELOPMENT PERIOD, DECLARANT MAY, WITHOUT THE CONSENT OR CONCURRENCE OF ANY LOT OWNER OR ANY OTHER PARTY, AMEND, MODIFY OR REVOKE THIS DECLARATION IF REASONABLY NECESSARY IN THE SOLE DISCRETION OF DECLARANT, TO CONFORM TO ANY REQUIREMENT; NOW, THEREFORE, THE DECLARANT HEREBY DECLARES THAT THE PROPERTY DESCRIBED ABOVE AS "LONGVlEW RANCH", AND ANY PART THEREOF, SHALL BE HELD, TRANSFERRED, SOLD, CONVEYED, ENCUMBERED, HYPOTHECATED, BONDED, RENTED, USED AND OCCUPIED SUBJECT TO THE FOLLOWING PROVISIONS, COVENANTS, CONDITIONS AND RESTRICTIONS (HEREINAFTER SOMETIMES COLLECTIVELY REFERRED TO AS "COVENANTS"), ALL OF WHICH ARE FOR THE PURPOSE OF ENHANCING AND PROTECTING THE CHARACTER, VALUES, DESIRABILITY AND ATTRACTIVENESS OF SAID REAL PROPERTY. THE COVENANTS SHALL RUN WITH ALL THE REAL PROPERTY OF LONGVlEW RANCH AND SHALL BE BINDING ON ALL PARTIES HAVING OR ACQUIRED ANY RIGHT, TITLE OR INTEREST IN SAID REAL PROPERTY, OR ANY PART THEREOF, THEIR HEIRS, SUCCESSORS AND ASSIGNS. DEFINITIONS AS USED HEREIN, THE FOLLOWING TERMS ARE DEFINED; ARTICLES. THE TERM "ARTICLES" SHALL MEAN THE ARTICLES OF THE LONGVIEW RANCH SITE COMMITTEE. ASSESSMENT. THE TERM "ASSESSMENT" SHALL MEAN AND REFER TO ANY ASSESSMENT DULY MADE AND LEVIED BY THE SITE COMMITTEE. COMMON RECREATION AREA. THE TERM "COMMON RECREATION AREA" SHALL MEAN LOT 24 OF THE RECORDED LONGVIEW RANCH PLAT AND REFER TO THE BARBECUE AREA AND THE "WALK-IN" EASEMENT TO WYOMING STATE LAND-SCHOOL SECTION 16. COVENANTS. THE TERM "COVENANTS" SHALL REFER TO THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS (ARTICLE VIII - PAGE 8) AND TO SUPPLEMENTAL DECLARATIONS. DECLARANT. THE TERM "DECLARANT" SHALL REFER TO THE LONGVlEW RANCH CORPORATION, ITS SUCCESSORS AND ASSIGNS. DEVELOPMENT PERIOD. THE TERM "DEVELOPMENT PERIOD" SHALL MEAN AND REFER TO A 20 YEAR PERIOD OF TIME COMMENCING ON THE DATE OF EXECUTION HEREOF, DURING WHICH TIME THE DECLARANT OR ANY SUCCESSOR DE .CL~RANT CONTINUES TO DEVELOP ANY PART OF LONGVIEW RANCH. ' ~"'"'~:" ". ~'- 0 ~ G 9 HOME. THE TERM "HOME" SHALL MEAN A RESIDENCE OF NOT LESS THAN 1400. SQUARE FEET THAT IS RESTRICTED TO THREE BEDROOMS, AND THAT SINGLY OCCUPIES A LONGVIEW RANCH PLATTED LOT. IMPROVEMENTS. THE TERM "IMPROVEMENTS" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY BUILDINGS, OUT-BUILDINGS, ROAD, DRIVEWAYS, PARKING AREAS, RETAINING WALLS, STAIRS, DECKS, HEDGES, WINDBREAKS, PATIOS, POLES, SIGNS AND ANY OTHER STRUCTURES OF ANY TYPE OR KIND. LONGVIEW RANCH. THE TERM "LONGVIEW RANCH" SHALL MEAN AND REFER TO THE 32,71 ACRES LOCATED IN THE Wl/2 OF THE NWl/4 OF SECTION 15, T36N, R119W, · LINCOLN COUNTY, WYOMING - PLATTED AND RECORDED AS "LONGVIEW RANCH SUBDIVISION". LOT. THE TERM "LOT" SHALL MEAN AND REFER TO ANY PARCEL OF REAL PROPERTY THAT IS CLEARLY IDENTIFIED AS AN INDIVIDUAL LOT ON THE "LONGVIEW RANCH SUBDIVISION PLAT". MEMBER. THE TERM "MEMBER" SHALL MEAN AND REFER TO EVERY PERSON OR ENTITY, INCLUDING THE DECLARANT, WHO HOLDS MEMBERSHIP ON THE LONGVIEW RANCH SITE COMMITTEE. OWNER THE TERM "OWNER" SHALL MEAN AND REFER TO THE RECORD OWNER, WHETHER ONE OR MORE PERSONS OR ENTITIES, OF A FEE SIMPLE TITLE TO, OR A LEASEHOLD ESTATE, IN ALL OR ANY PORTION OF LONGVIEW RANCH, INCLUDING CONTRACT SELLERS, BUT EXCLUDING THOSE HAVING AN INTEREST IN THE PROPERTY MERELY AS SECURITY FOR THE PERFORMANCE OF AN OBLIGATION. PERIMETER FENCE THE TERM "PERIMETER FENCE" SHALL MEAN AND REFER TO THE FENCE CONSTRUCTED BY THE DECLARANT ALONG THE WEST AND SOUTH BOUNDARY LINES OF LONGVIEW RANCH. PROPERTY. THE TERM "PROPERTY" MEANS AND REFERS TO THE REAL PROPERTY OF LONGVIEW RANCH - A RECREATIONAL ORIENTED COMMUNITY. RECORD, RECORDED THE TERM "RECORD" OR "RECORDED" SHALL MEAN WITH RESPECT TO ANY DOCUMENT THAT SHALL HAVE BEEN RECORDED IN THE OFFICE OF THE COUNTY CLERK OF LINCOLN COUNTY, STATE OF WYOMING. RECREATION FACILITY THE TERM "RECREATION FACILITY" SHALL MEAN AND REFER TO ANY IMPROVEMENT USED FOR OR IN CONNECTION WITH ANY RECREATIONAL OR SOCIAL PURPOSE IN "LOT 24" OF LONGVIEW RANCH. RESIDENCE THE TERM "RESIDENCE" SHALL MEAN A SINGLE FAMILY RESIDENCE ON A PLATTED LOT OF LONGVIEW RANCH. ROAD THE TERM "ROAD" SHALL MEAN AND REFER TO ANY GRADED AND IMPROVED VEHICULAR WAY NOW LOCATED WITHIN OR UPON A PORTIION OF LONGVIEW RANCH RESORT, AS DESCRIBED IN A RECORDED PLAT IN THE OFFICE OF THE COUNTY CLERK. SITE COMMITTEE. THE TERM "SITE COMMITTEE" SHALL MEAN AND REFER TO THE COMMITTEE CREATED PURSUANT TO ARTICLE I HEREOF. STRUCTURE THE TERM "STRUCTURE" SHALL MEAN AND REFER TO ANYTHING CONSTRUCTED OR ERECTED ON THE REAL PROPERTY OF LONGVIEW RANCH. ARTICLE I - SITE COMMITTEE SECTION 1 - PURPOSE: THE PURPOSE OF THE LONGVIEW RANCH SITE COMMITTEE IS TO GOVERN ALL CONSTRUCTION, THE COMMON CULINARY WATER SYSTEM AND THE PRIVATE ROADS IN SUCH A WAY AND MANNER THAT LONGVIEW RANCH DEVELOPS INTO A PREMIU ~:IMUNITY:~ FOR OUTDOOR MII~PEOPLE , · i ,. 0 I'7 0 SECTION 2 - MEMBERS: THE SITE COMMITTEE SHALL CONSIST OF THREE MEMBERS. THERE MAY BE A DESIGNATED ONE OR MORE ALTERNATE MEMBERS FOR EACH REGULAR MEMBER OF THE SITE COMMITTEE, EACH OF WHOM SHALL BE AUTHORIZED TO ACT IN THE PLACE AND STEAD OF THE MEMBER FOR WHOM HE IS AN ALTERNATE IN THE EVENT OF THAT MEMBER'S ABSENCE OR INABILITY TO ACT. MEMBERS AND ALTERNATE MEMBERS OF THE SITE COMMITTEE SHALL BE APPOINTED BY AND SHALL SERVE AT THE PLEASURE OF DECLARANT DURING DECLARANT'S DEVELOPMENT PERIOD. SECTION 3-TERM: EACH OF THE PERSONS DESIGNATED AS A MEMBER OR ALTERNATIVE MEMBER OF THE SITE COMMITTEE SHALL SERVE UNTIL SUCH TIME AS HE HAS RESIGNED BY GIVING WRITTEN NOTICE OF HIS RESIGNATION TO DECLARANT OR TO WHOEVER HAS THE RIGHT TO APPOINT OR REMOVE HIM AS A MEMBER OR ALTERNATIVE MEMBER OR UNTIL HE HAS BEEN REMOVED OR HIS SUCCESSOR HAS BEEN APPOINTED. SECTION 4 - DUTIES: IT SHALL BE THE DUTY OF THE SITE COMMITTEE TO CONSIDER AND ACT UPON ALL PROPOSED CHANGES ON THE EXISTING STATE OF PROPERTY, TO FORMULATE SITE COMMITTEE CRITERIA AND' TO PERFORM SUCH OTHER DUTIES AS ARE DELEGATED TO IT HEREUNDER OR UNDER ANY SUPPLEMENTAL DECLARATION. SECTION 5 - MEETING: THE SITE COMMITTEE SHALL MEET FROM TIME TO TIME AS NECESSARY TO PERFORM ITS DUTIES PROPERLY. SECTION 6 - ACTION BY SITE COMMITTEE: THE VOTE OR WRITTEN CONSENT OF ANY TWO MEMBERS SHALL CONSTITUTE ACTION OF THE SITE COMMITTEE. THE SITE COMMITTEE SHALL REPORT IN WRITING ALL APPROVALS AND DISAPPROVALS OF ANY CHANGES IN THE EXISTING STATE OF PROPERTY TO DECLARANT, AND DECLARANT SHALL KEEP A PERMANENT RECORD OF ALL SUCH REPORTED ACTION. SECTION 7 - LIMITATION ON LIABILITY: NEITHER THE SITE COMMITTEE NOR ANY MEMBER THEREOF, NOR DECLARANT, NOR ANY AGENT OR EMPLOYEE OF ANY OF THE FOREGOING SHALL BE LIABLE TO ANY PARTY FOR ANY ACTION OR FOR ANY FAILURE TO ACT WITH RESPECT TO ANY MATTER IF THE ACTION TAKEN OR FAILURE TO ACT WAS IN GOOD FAITH. ALL MEMBERS OF THE SITE COMMITTEE SHALL BE INDEMNIFIED AND HELD HARMLESS BY THE DECLARANT FROM LIABILITY, DAMAGES AND EXPENSES FOR ANY DECISION OR ACTION THEY MAY TAKE WHILE ACTING WITHIN THE SCOPE AND COURSE OF THEIR DUTIES. ARTICLE II - REQUIRED APPROVAL OF ALL CHANGES SECTION 1 - CHANGE IN THE EXISTING STATE OF PROPERTY: "CHANGE IN THE EXISTING STATE OF PROPERTY" SHALL MEAN AND INCLUDE, WITHOUT LIMITATION, THE CONSTRUCTION OR RECONSTRUCTION OF ANY BUILDING, STRUCTURE OR OTHER IMPROVEMENT, INCLUDING UTILITY FACILITIES, THE MAKING OR CREATION OF ANY EXCAVATION, FILL OR SIMILAR DISTURBANCE OF THE SURFACE OF THE LAND INCLUDING WITHOUT LIMITATION, CHANGE OF GRADE, GROUND LEVEL OR DRAINAGE PATTERN. SECTION 2 -APPROVAL OF CHANGE IN EXISTING STATE REQUIRED: NO CHANGE IN THE EXISTING SITE OF THE PROPERTY SHALL BE MADE OR PERMI1 I ED WITHOUT THE PRIOR WRITTEN APPROVAL OF THE SITE COMMITTEE AND WITHOUT COMPLIANCE WITH THIS ARTICLE II. SECTION 3 - SITE COMMITTEE APPROVAL: THE SITE COMMITTEE SHALL HAVE COMPLETE DISCRETION TO APPROVE OR DISAPPROVE ANY CHANGE IN THE EXISTING STATE OF PROPERTY. THE SITE COMMITTEE SHALL EXERCISE SUCH DISCRETION WITH THE FOLLOWING OBJECTIVES IN MIND: TO CARRY OUT THE GENERAL PURPOSES EXPRESSED IN THIS DECLARATION, TO PREVENT ANY VIOLATION OF ANY SPECIFIC PROVISION OF THIS DECLARATION TO PREVENT ANY CHANGE WHICH WOULD BE UNSAFE OR HAZARDOUS TO ANY PERSONS OR PROPERTY, TO ASSURE THAT ANY CHANGE WILL BE OF GOOD AND ATTRACTIVE DESIGN AND IN HARMONY WITH THE RUSTIC AND NATURAL SETTING OF THE AREA AND WILL SERVE TO PRESERVE AND ENHANCE THE EXISTING FEATURES OF NATURAL BEAUTY. SECTION 4 - SITE COMMITTEE CRITERIA: THE SITE COMMITTEE SHALL ADOPT CRITERIA CONSISTENT WITH SECTION 3 BY WHICH IT INTENDS TO EXERCISE ITS DISCRETION WITH REGARD TO APPROVAL OR DISAPPROVAL OF ANY CHANGE IN THE EXISTING STATE OF PROPERTY. SECTION 5 - CONDITIONS PRECEDENT TO APPROVAL: PRIOR TO EXPENDITURES OF ANY SUBSTANTIAL TIME OR FUNDS IN THE PLANNING OF ANY PROPOSED CHANGE IN THE EXISTING STATE OF PROPERTY, THE OWNER SHALL ADVISE THE SITE COMMITTEE IN WRITING OF THE GENERAL NATURE OF THE PROPOSED CHANGE; ALL, IF REQUESTED BY THE SITE COMMITTEE, MEET WITH A MEMBER OR MEMBERS OF THE SITE COMMITTEE TO DISCUSS THE PROPOSED CHANGE IN THE EXISTING STATE OF THE PROPERTY. SECTION 6 - COMPLETION OF WORK AFTER APPROVAL: AFTER APPROVAL BYT THE SITE COMMITTEE, ANY PROPOSED CHANGE IN THE EXISTING STATE OF THE PROPERTY SHALL BE ACCOMPLISHED AS PROMPTY AND DILIGENTLY AS POSSIBLE. FAILURE TO ACCOMPLISH THE CHANGE IN THE EXISTING STATE OF THE PROPERTY WITHIN ONE (1) YEAR AFTER THE DATE OF APPROVAL BY THE SITE COMMITTEE SHALL OPERATE TO AUTOMATICALLY REVOKE THE APPROVAL OF THE SITE COMMITTEE. SECTION 7 - FAILURE TO COMPLY: IF THE SITE COMMITTEE SHALL FIND THAT ANY CHANGE IN THE EXISTING STATE OF PROPERTY SHALL HAVE BEEN UNDERTAKEN WITHOUT THE APPROVAL OF THE SITE COMMITTEE, IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE II, IT SHALL IMMEDIATELY NOTIFY THE DECLARANT WHICH SHALL HAVE THE RIGHT TO REMOVE ANY SUCH CHANGE IN THE EXISTING STATE'OF PROPERTY AT THE SOLE COST AND EXPENSE OF THE OWNER OR OWNERS OF THE LOT. SECTION 8 - CERTIFICATES AND NOTICE: UPON REQUEST OF THE OWNER, THE SITE COMMITTEE SHALL RECORD AN INSTRUMENT OF COMPLETION AND COMPLIANCE UPON COMPLETION OF THE CHANGE IN EXISTING STATE OF PROPERTY AFTER HAVING INSPECTED THE CHANGE IN THE EXISTING STATE OF PROPERTY WAS COMPLETED STRICTLY IN ACCORDANCE WITH THE DESCRIPTION THEREOF AND THE PLANS AND SPECIFICATIONS THEREFOR. SECTION 9 - WAIVER: THE APPROVAL OF THE SITE COMMITTEE OF THE PLANS AND SPECIFICATIONS FOR ANY CHANGE IN THE EXISTING PROPERTY SHALL NOT BE DEEMED TO BE A WAIVER BY THE SITE COMMITTEE OF ITS RIGHTS ,TO OBJECT TO ANY OF THE FEATURES OR ELEMENTS EMBODIED IN ANY OTHER PLANS AND SPECIFICATIONS FOR ANOTHER CHANGE IN THE EXISTING STATE OF PROPERTY. SECTION 10 - PRESUMPTION OF COMPLIANCE: ALL OF THE CHANGES IN THE EXISTING STATE OF PROPERTY HERETOFOR OR HEREAFTER UNDERTAKEN BY DECLARANT OR HIS AGENTS OR REPRESENTATIVES ON ANY LOT SHALL BE CONCLUSIVELY PRESUMED IN COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE II. ARTICLE III - VARIANCES SECTION 1 - VARIANCES BY SITE COMMITTEE: THE SITE COMMITTEE MAY AUTHORIZE VARIANCES FROM COMPLIANCE WITH ANY OF THE COVENANTS CONTAINED IN THIS DECLARATION OR ANY SUPPLEMENTAL DECLARATION WHEN CIRCUMSTANCES SUCH AS TOPOGRAPHY, NATURAL OBSTRUCTIONS OR HARDSHIP MAY REQUIRE SUCH VARIANCES. A PETITION FOR VARIANCE MUST BE EVIDENCED IN WRITING. SECTION 2 - EFFECT OF VARIANCES: IF A VARIANCE IS GRANTED BY THE SITE COMMITTEE, NO VIOLATION OF THE COVENANTS CONTAINED IN THIS DECLARATION SHALL BE DEEMED TO HAVE OCCURRED WITH RESPECT TO THE MATTER FOR WHICH THE VARIANCE WAS GRANTED. THE GRANTING OF SUCH A VARIANCE SHALL NOT OPERATE TO WAIVER ANY OF THE COVENANTS CONTAINED IN THIS DECLARATION OR THE PROVISIONS, COVENANTS, CONDITIONS, OR RESTRICTIONS. ARTICLE IV - PROPERTY RIGHTS SECTION 1 - EASEMENT FOR UTILITIES: THERE IS HEREBY RESERVED TO DECLARANT A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY IN AND ON THE SUBJECT PROPERTY OR ANY PART THEREOF FOR THE PURPOSE OF INGRESS AND EGRESS TO LOCATED AND REPAIR UTILITIES, PROVIDING SERVICE TO ANY LOT AND FOR INGRESS AND EGRESS FOR FIRE FIGHTING EQUIPMENT. SECTION 2 - ROADS: EACH OWNER OF A LONGVIEW RANCH PLATTED LOT SHALL HAVE A NON-EXCLUSIVE EASEMENT APPURTENANT TO HIS PROPERTY OF INGRESS AND EGRES AND ON LONGVIEW ROAD,~RAIL AND CABIN ROAD OF !"i~i-~i!~i~IEW RANCH AND LONGVIEW RESORT. EACH OWNER MAY DELEGATE HIS RIGHT UNDER SAID NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF HIS FAMILY, HIS TENANTS, SERVANTS, EMPLOYEES, AGENTS, GUESTS AND INVlTEES, AND ANY CONTRACT PURCHASERS OF THE PROPERTY TO WHICH SAID NON-EXCLUSIVE EASEMENT IS APPURTENANT. SECTION 3 - DELEGATION OF USE: THE OWNER OF ANY LOT MAY DELEGATE TO ANY OCCUPANT OF THE SAME THE RIGHT TO USE AND ENJOYMENT OF THE SAID FACILITIES AND ANY PRIVILEGE APPURTENANT TO THE LOT ON WHICH THE LOT IS LOCATED. SECTION 4 - SNOW PLOWING: "LONGVIEW RANCH" HAS BEEN DESIGNED AND DEVELOPED AS A 12 MONTH OF THE YEAR RESIDENTIAL RESORT. ALL LONGVlEW ROADS WILL BE PLOWED WHENEVER THE SNOW COVER EXCEEDS 4 INCHES. ARTICLE V - MISCELLANEOUS SECTION 1 - DURATION OF DECLARATION: ANY PROVISION, COVENANT, CONDITION OR RESTRICTION CONTAINED IN THIS DECLARATION SHALL BE COVENANTS RUNNING WITH THE LAND FOR THE USE AND BENEFIT OF THE LOT OWNERS AND SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT FOR THE PERIOD OF TWENTY (20) YEARS FOLLOWING THE RECORDED DATE OF THIS DECLARATION. SECTION 2 - AMENDMENT OR REVOCATION: AT ANY TIME WHILE ANY PROVISION, COVENANT, CONDITION AND RESTRICTION CONTAINED IN THIS DECLARATION OR ANY SUPPLEMENTAL DECLARATION IS IN FORCE AND EFFECT, IT MAY BE AMENDED OR REPEALED BY THE RECORDING OF A WRITTEN INSTRUMENT SPECIFYING THE AMENDMENT OR THE REPEAL EXECUTED BY THE OWNERS OF NOT LESS THAN TWO- THIRDS (2/3) OF THE LONGVlEW RANCH PROPERTY OWNERS. SECTION 3 - ENFORCEMENT: THE COVENANTS CONTAINED IN THIS DECLARATION SHALL BE ENFORCEABLE BY DECLARANT OR BY ANY OWNER OF REAL PROPERTY SUBJECT TO THIS DECLARATION BY A PROCEEDING FOR A PROHIBITIVE OR MANDATORY INJUNCTION. SECTION 4 - PROTECTION OF MORTGAGEE: NO VIOLATION OR BREACH OF ANY COVENANT CONTAINED IN THIS DECLARATION SHALL DEFEAT, RENDER INVALID OR IMPAIR THE LIEN OF ANY MORTGAGE TAKEN IN GOOD FAITH. SECTION 5 - LIMITED LIABILITY: NEITHER THE DECLARANT NOR THE SITE COMMITTEE NOR ANY MEMBER, AGENT OR EMPLOYEE OF ANY OF THE SAME SHALL BE LIABLE TO ANY PARTY IF ANY ACTION, OR FAILURE TO ACT, WAS IN GOOD FAITH. SECTION 6 - SEVERABILITY: INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS DECLARATION SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION OR VALID AND ENFORCEABLE PART OF A PROVISION OF THIS DECLARATION. SECTION 7 - NO WAIVER: FAILURE TO ENFORCE ANY COVENANT IN THIS DECLARATION OR ANY SUPPLEMENTAL DECLARATION SHALL NOT OPERATE AS A WAIVER OF ANY SUCH COVENANT OR OF ANY OTHER PROVISIONS, RESTRICTIONS, COVENANTS OR CONDITIONS. SECTION 8 - NOTICE: EXCEPT AS OTHERWISE PROVIDED, ANY NOTICE PERMITTED OR REQUIRED TO BE DELIVERED MAY BE DONE SO EITHER PERSONALLY OR BY MAIL. IF DELIVERY IS MADE BY MAIL, IT SHALL BE DEEMED TO HAVE BEEN DELIVERED TWENTY- FOUR (24) HOURS AFTER A COPY OF THE SAME HAS BEEN DEPOSITED IN THE UNITED STATES MAIL, POSTAGE PREPAID, ADDRESSED TO THE PERSON AT THE ADDRESS GIVEN BY SUCH PERSON TO THE DECLARANT. SECTION 9 - IRRIGATION WATER: ALL CULINARY WATER WILL BE DRAWN FROM THE DECLARANT'S LONG VIEW RANCH WATER SYSTEM, BUT NOTHING HEREIN CONTAINED SHALL PREVENT ANY LOT OWNER FROM FILING FOR IRRIGATION WATER WITH THE STATE ENGINEER'S OFFICE, CHEYENNE, WYOMING FOR THE PURPOSE OF WATERING LAWN AREAS AND HAVING SUPPLEMENTAL FIRE PROTECTION. ARTICLE VI - PROVISIONS APPLICABLE TO PARTICULAR LAND CLASSIFICATIONS SECTION 1 - BUILDING RESTRICTIONS: LONGVIEW RANCH HOMES SHALL BE USED FOR RESIDENTIAL LIVING PURPOSES AND ARE RESTRICTED TO "RANCH-TYP, E'.'.HOMES OR HOMES APPROVED BY THE SITE COMMITTEE. (. '- 0 ~ ? 3 SECTION 2 - BEDROOMS: A "HOME" AS DEFINED ON PAGE 2 OF THIS DECLARATION IS'RESTRICTED TO THREE BEDROOMS. ALL GUEST CABINES ARE RESTRICTED TO TWO BEDROOMS. ARTICLE VII - ASSESSMENTS SECTION 1 - MAINTENANCE ASSESSMENT: EVERY OWNER OF A PLATTED LOT WILL BE SUBJECT TO AN ANNUAL MAINTENANCE ASSESSMENT, BILLED ON THE 30TH DAY OF JUNE OF EACH YEAR, AND BE DELINQUENT IN 30 DAYS THEREAFTER. THE ANNUAL ASSESSMENT SHALL BE THREE HUNDRED DOLLARS ($300.00) PER DEVELOPED LOT USING WATER FROM THE DECLARANT'S CULINARY WATER SYSTEM. ONE HUNDRED DOLLARS ($100.00) WILL BE ANNUALLY ASSESSED TO ALL LOT OWNERS FOR THE MAINTENANCE OF THE LONGVIEW RANCH ROADS. THE ANNUAL ASSESSMENT MAY BE INCREASED, IF NECESSARY, BY A VOTE OF THE SITE COMMITTEE, IN CONFORMANCE WITH THE RISE, IF ANY, IN THE COST TO THE DECLARANT OF MAINTAINING THE LONGVIEW RANCH CULINARY WATER SYSTEM AND THE LONGVIEW RANCH ROADS. SECTION 2 - DELINQUENT ASSESSMENT: FAILURE TO PROMPTLY PAY THE MAINTENANCE ASSESSMENT WHEN DUE SHALL CONSTITUTE A LIEN UPON THE LOT ASSESSED, AND SHALL ALSO BECOME A PERSONAL OBLIGATION OF THE OWNER OF SUCH LOT, ENFORCEABLE EITHER AT LAW OR IN EQUITY. ALL COSTS OF COLLECTING ANY SUCH DELINQUENT ASSESSMENTS, INCLUDING REASONABLE ATTORNEY FEES, SHALL BE PAID BY THE DELINQUENT OWNER AND COLLECTED AS PART OF THE DELINQUENT ASSESSMENT. ARTICLE VIII - LONGVlEW RANCH PROTECTIVE COVENANTS WHEREAS LONGVIEW RANCH, AS DESCRIBED ON PAGE 1 OF THIS DECLARATION, IS LOCATED IN A VERY SCENIC AREA OF STAR VALLEY AND IS ADJACENT TO WYOMING STATE LAND THA IS RICH IN MOST SPECIES OF WILDLIFE COMMON TO WYOMING, THE DECLARANT NOW HEREBY DECLARES THAT THE PROPERTY DESCRIBED ABOVE AS "LONGVIEW RANCH", AND ANY PART THEREOF, SHALL BE HELD, CONVEYED, TRANSFERRED, SOLD, ENCUMBERED, HYPOTHECATED, BONDED, RENTED, USED AND OCCUPIED SUBJECT TO THE ABOVE-MENTIONED ARTICLES OF THIS DECLARATION, AND THE FOLLOWING COVENANTS, CONDITIONS AND RESTRICTIONS; LONG VIEW RANCH COVENANTS, CONDITIONS AND RESTRICTIONS (1) NO LOT MAY BE DIVIDED OR SUBDIVIDED OR A FRACTIONAL PORTION THEREOF SOLD OR CONVEYED SO AS TO BE HELD IN ANY OTHER DIVIDED OWNERSHIP OTHER THAN A HOME ESTATE. (2) NO LOT SHALL BE USED FOR ANY COMMERCIAL PURPOSE, NOR SHALL ANY BUSINESS ACTIVITY OF ANY KIND WHATSOEVER BE CONDUCTED ON ANY LOT, EXCEPT AN .~.~..,IN HOME BUSINESS. (3) ALL ROOFING MATERIAL SHALL BE WOOD SHINGLES, WOOD SHAKES, COMPOSITE WOOD SHAKES, OR ASPHALT SHINGLES OF NOT LESS THAN 325 POUNDS PER SQUARE. NO SHEET METAL ROOFS ARE ALLOWED. ALL ROOFING FINISHES MUST BE NON-REFLECTIVE. (4) GARAGE DOORS ARE NOT PERMITTED TO DIRECTLY FACE THE FRONT PROPERTY LINE. THE VISUAL IMPACT OF GARAGE DOORS AT LONGVlEW RANCH IS TO BE MINIMIZED. (5) A DRIVEWAY BASE FOR SITE ACCESS TO THE PROPOSED LOCATION OF A RESIDENCE MUST BE COMPLETED PRIOR TO INITIATION OF ANY OTHER CONSTRUCTION ACTIVITY. (6) ALL BUILDINGS SHALL BE OF A WESTERN DESIGN IN ORDER TO ACHIEVE DESIGN COMPATIBILITY. (7) NO TELEVISION ANTENNAS ARE PERMITTED TO BE MOUNTED ON BUILDING ROOFS OR CHIMNEY EXTENSIONS THEREON. HOMES AND RV UNITS M,.:~.~,~::~ LOCATED UPON A LOT FOFF-;~:F~IOD NOT TO EXCEED ONE YEAR, PROVIDED THAT THE OWNER OF THE LOT IS AT THE SAME TIME UNDERTAKING THE CONSTRUCTION OF A PERMANENT DWELLING HOUSE. WHEN CONSTRUCTION HAS BEEN COMPLETED, ALL MOTOR HOMES AND RV UNITS WILL BE SCREENED FROM THE ROADWAY BY LANDSCAPING MATERIAL. (9) AT SUCH TIME AS A HOME IS BUILT UPON A LOT, EACH LOT OWNER SHALL BE REQUIRED TO CONSTRUCT AN UNDERGROUND SANITATION FACILITY CONFORMING WITH THE LAWS OF THE STATE OF WYOMING. (10) WITH THE EXCEPTION OF THE DECLARANT'T PERIMETER FENCE, NO FENCES ARE ALLOWED AT LONGVIEW RANCH EXCEPT THOSE FENCES THAT MAY, FROM TIME TO TIME, BE APPROVED BY THE SITE COMMITTEE TO CONTROL DOGS. (11) LONGVIEW ROAD, FOX TRAIL AND CABIN ROAD SHALL BE THE ONLY MEANS OF INGRESS AND EGRESS FOR ANY LONGVIEW RANCH LOT. (12) ALL ELECTRICAL AND TELEPHONE LINES SHALL BE INSTALLED UNDERGROUND, NO OVERHEAD LINES BEING PERMITTED ON LONGVIEW RANCH. (13) NO IMPROVEMENTS WHICH MAY INTERFERE WITH THE INSTALLATION AND MAINTENANCE OF UTILITIES SHALL BE PLACED ON ANY EASEMENT. (14) THERE IS HEREBY RESERVED TO DECLARANT, FOR.THE PURPOSE OF HAVING ADEQUATE ROADWAYS AND UTILITY EASEMENTS TO SERVE EACH LOT, A PERPETUAL EASEMENT THIRTY (30) FEET IN WIDTH ALONG THE LOT EDGE ADJACENT TO THE MAIN ROAD OF EACH LOT, FOR THE PURPOSE OF ERECTING, CONSTRUCTING AND MAINTAINING ROADWAYS AND PUBLIC UTILITIES. (15) NO OWNER SHALL ALLOW DEBRIS, TRASH, RUBBISH OR ANY MATERIAL OF UNSIGHTLY APPEARANCE TO REMAIN UPON ANY LOT AND SUCH MATERIALS SHALL BE KEPT IN A COVERED RECEPTACLE AND WEEKLY HAULED FROM THE PREMISES. NO OUTSIDE BURNING OF DEBRIS, GARBAGE, TRASH OR RUBBISH IS ALLOWED. ALL GARBAGE OR TRASH CONTAINERS MUST BE HIDDEN FROM VIEW FROM THE STREET FRONTING THE PROPERTY. (16) NO NOXIOUS OR OFFENSIVE ACTIVITY SHALL BE CARRIED ON UPON ANY LOT, NOR SHALL ANYTHING BE DONE OR PLACED THEREON WHICH IS OR MAY BECOME A NUISANCE, DISTURBANCE OR ANNOYANCE TO OTHERS. (17) NO LIGHT SHALL BE EMITTED FROM ANY LOT WHICH IS UNREASONABLY BRIGHT OR CAUSES UNREASONABLE GLARE. NO SOUND SHALL BE EMITTED FROM ANY LOT WHICH IS UNREASONABLY LOUD OR ANNOYING, AND NO ODOR SHALL BE EMITTED ON ANY LOT WHICH IS NOXIOUS OR OFFENSIVE TO OTHERS. (18) NO ACTIVITIES SHALL BE CONDUCTED ON ANY LOT WHICH ARE OR MIGHT BE UNSAFE OR HAZARDOUS TO ANY PERSON OR PROPERTY. NO FIREARMS SHALL BE DISCHARGED UPON ANY LOT, AND NO OPEN FIRES SHALL BE LIGHTED OR PERMITTED ON ANY LOT EXCEPT ON A CONTAINED BARBECUE UNIT WHILE ATTENDED AND IN USE FOR COOKING PURPOSES OR WITHIN A SAFE INTERIOR FIREPLACE. (19) NO LOT SHALL BE USED FOR THE PURPOSE OF EXPLORING FOR OR THE REMOVAL OF OIL, GAS, MINERALS, SAND OR GRAVEL. (20) LIVESTOCK AND PETS. NO ANIMALS OR FOWL OTHER THAN ORDINARY HOUSEHOLD PETS COMMONLY HOUSED IN A RESIDENCE SHALL BE PERMITTED, AND NO SUCH HOUSEHOLD PETS SHALL BE BRED OR MAINTAINED FOR COMMERCIAL PURPOSES. NO MORE THAN TWO (2) DOGS SHALL BE KEPT ON ANY LOT AND THE OWNER OF THE DOGS SHALL AT ALL TIMES HAVE HIS/HER DOG UNDER CONTROL. NO DOGS SHALL BE PERMITTED TO ROAM AT WILL OR TO CREATE A NUISANCE TO THE NEIGHBORS BY BARKING AFTER 10:00 AT NIGHT. (21) MAINTENANCE. THE EXTERIORS OF HOMES AND ALL LOT IMPROVEMENTS SHALL BE KEPT IN GOOD REPAIR AND IN AN ATTRACTIVE AND SIGHTLY CONDITION BY THE PROPERTY OWNER. (22) DRAINAGE. THE ESTABLISHED DRAINAGE PATTERN FROM, ON OR OVER ANY LOT SHALL NOT BE OBSTRUCTED, ALTERED OR IN ANY WAY MODIFIED, UNLESS PREVIOUS WRITTEN CONSENT IS OBTAINED FROM THE SITE COMMITTEE. -7-- (23) SETBACK REQUIREMENTS, SIDE YARD AND REAR PROPERTY LINE SETBACKS FOR BUILDING PURPOSES SHALL BE 20 FEET ANb NO BUILDING SHALL BE BUILT ON ANY LOT CLOSER THAN 50 FEET TO THE ROAD UTILITY EASEMENT LINE. (2~) SIGNS. NO PERMANENT SIGNS OR ADVERTISING DEVICES OF ANY NATURE SHALL BE ERECTED OR MAINTAINED ON ANY LOT EXCEPT AS NECESSARY TO IDENTIFY THE OWNERSHIP THEREOF. (25) STORAGE AREAS. STORAGE AREAS W}I.,L HE INCORPORATED INTO THE GENERAL DESIGN OF ALL HOMES. (26) ALL LOT OWNERS WILL BE ASSESSED A BSOO.O0 "HOOK-UP" FEE FOR WATER FROM THE DECLARANT'S COS~ON WATER FACILITY, AND THE WATER SERVICE TO EACH HOME SHALL BE 3/~ INCH IN DIAMETER. (27) TIiE ELEVATION OF A LOT, OR ANY POI~TION THEREOF, SHALL NOT BE CHANGED SO AS TO MATERIALLY EFFECT THE SURFACE ELEVATIONS OR GRADE OF SURROUNDING LOTS. (28) NO HOME SHALL BE USED FOR DWEllING PURPOSES BY MORE PERSONS THAN IT WAS DESIGNED TO ACCOMODATE COMFORTABLY. (29) NO BUILDING OR ANY PART THEREOF SIIALL BE HIGHER THAN 25 FEET, MEASURED FROM THE EXISTING GRADE, UNLESS PERMITTED IN WRITING BY THE LONGVIEW RANCH SITE COMMITTEE. INVALIDATION OF ANY OF THESE COVENANTS BY JUDGEMENT OR COURT ORDER SHALL IN NO WAY EFFECT ANY OF THE OTHER PROVISIONS HEREOF WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS THEREOF, THE PARTIES SET THEIR HANDS ON THIS~/~ DAY OF SEPTEMBER 200~. O.O Fl0 + ef Co- D.C. Krautter, Co-Trustee /~ean M. Kr~utter, Co-TrUstee BOOK ~82 PR - PAGE 827 - #878972. Gall Susan Asbury, Co-Trustee (Signed by Affidavit) State of Wyoming County of Lincoln SS. The foregoing Amended "Longview Ranch Covenants - Conditions - Restrictions" was acknowledged before me by D.C. Krautter, Jean M. Krautter and Gall Susan Asbury, all being co-trustees of the Krautter Family Trust dated August 26, 1996, this_~__day of September 200~. Witness~hand andqfficial seal ~ / * -- - -~-O~'~R~'~PO~L"'~I~'' - I~ COUNTY OF ~ STATE OF IJ - 8 -