HomeMy WebLinkAbout905106DECLARATION OF C()V ENANTS,
CONDITIONS AND RESTRI CTIONS FOR
BLAZE ESTATES
THIS IS A DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS regulating, and controlling the use and development of real property,
made effective this (z~'~ day of~e. ,--,?~.(~_. , 2004, by Shane
Wasem; a single man, Preston Savarese; a single man, and Paige Savarese; a single
woman, together hereinafter referred to as "Declarant."
Section 1. Purpose. Declarant is the owner ~1' certain real property located in
Lincoln County, Wyoming, which property is more particularly described as Blaze
Estates which is located in the NW 1/4 of Section 23, T35N, Range 119 W, being N
89 47' 48" W (NW S.23 to N ~,,~ S.23), which ~s stmqetirnes referred to hereinafter as
"the Property." The Property has been plaucd as "Final Plat Blaze Estates a
Subdivision Within the NW 1/4, Section 23, T35N, Rll9W, Lincoln County,
Wyoming, with the plat having been filed in the off icc of the County Clerk of Lincoln
County, Wyoming, on the 2nd day of June, 2004, as Plat number 235-A. The
Declarant is adopting the following covenants, c,}nditions and restrictions to preserve
and maintain the natural character and value of thc Property for the benefit of all of
the Owners of the Property or any part thereof.
Section 2. Declaration. Declarant hereby declares that the Property described
above, and any part thereof, shall be owned, sold, conveyed, encumbered, leased,
used, occupied and developed subject to the fi)llowtng covenants, conditions, and
restrictions, which are sometimes referred to hereafter as "the Covenants". The
Covenants shall run with the Property and any Lo~ d~ereof, and shall be binding upon
all parties having or acquiring any legal and equitable interest in or title to Property,
and shall inure to the benefit of all of the Owners of thc Property or any part thereof.
Section 3. Definitions. The following terms and phrases used in these Covenants
shall be defined as follows:
(a) "Association" means a non-profit corporztt,m, created in accordance with the
terms of Section 4 of these Covenants, which is responsible for the
administration and enforcement of these Covenants
(b) .
"Bm" means a structure for the storage of feed, ranch products and
equipment and for the housing of those l~arge Animals specifically allowed
under these Covenants and where human habitation is not permitted, unless
a variance is granted by the Design Committee to include a guest apartment
in the design of the barn in lieu of a guest house.
(c) "Common Roads" means the private roachvay system within the Property which provides access to individual Lot Ii nes.
RECEIVED 12/9/2004 at ~0:57 AM
RECEIVING# 905106
1 BOOK: 574 PAGE: 330
,:,,:,~ JEANNE WAGI'
: ~;~'>>:] LINCOLN COUNTY CLERK, r'.L:,Vii~,ERER, VVY
(d) "Common Services" means roadway maintenance, and snow removal
services, utility line maintenance, repair serwces for the Common Roads,
including any bridge(s) and the utility lines located in the Common Roads,
on and across the Property and water lines of the irrigation system which
may be in common areas.
(e)
"Design Committee" means the committcc as created in section 6 hereof and
appointed by the Board of Directors of thc Association which is responsible
for issuing building permits, enforcing these Covenants in conjunction with
the Board of the Association and any other responsibilities delegated to it by
the Board.
(f) "Development" means any alteration of thc natural land surface, including
vegetation, streams, waterways, and all buildings, structures or other site
improvements placed on the land to accommodate the use of a Lot.
(g) "Improvement Area" means the portion of a Lot upon which all authorized
structures shall be constructed. The Improvement Area shall be identified at
the time the first building permit is requested for a Lot from the Design
Committee.
(h) "Large Animals" means horses, mules, donkeys, burros, alpacas, llamas, and
other similar pack animals, swine, cattle, goats and sheep.
(i) "Lot" means any portion of the Property z~s shown on a recorded plat/map and
described as such, or as created by a lot combination.
O) "Owner" means each record owner of a fee interest in a Lot, including
contract purchases, but excluding anyone having interest in a Lot as security
for the performance of an obligation.
(k)"Principal Residence" means the single family residential structure
constructed on any Lot of the Property which is the principal use of such Lot
and to which other authorized structm-cs on such Lot are accessory.
(1) "Property" means the real property described in Section 1.
(m)"Structure" means anything built or placed on the ground, including but not
limited to buildings, but specifically excl uding fences.
Section 4. Association.
(A)
A non-profit Homeowners Association shall be created by the
Owners. Every person or entity who is a record owner of a fee
interest in any Lot which is subject by these Covenants of record to
0332
assessment by the Association sh:tl[ be a member of the Association,
provided that any such person or entity who holds such interest
merely as a security for the perfom~ance of an obligation shall not be
a member. Membership .shall bc appm'tenant to and may not be
separated from ownership of any l.ot which is subject to assessment.
The rights, duties, assessmenls and other obligations of the
Association shall be governed by these Covenants and by the
Articles of Incorporation and Bylaws of such Association. The
Association shall have all of thc powers set forth in its Articles of
Incorporation, together with its general powers as a non-profit
corporation, subject only to the limitations upon the exercise of such
powers as are expressly set forth in the Articles, Bylaws and these
Covenants, to do any and all lawlhl things which may be authorized,
required or permitted to be done by the Association. The
Association shall accept ownership of any common services that
may be deeded or dedicated by thc Declarant to the Association.
(B) Voting Rights. The Associatioa shall have two classes of voting
membership:
Class A. Class A members shall all be Owners, with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned. When
more than Owner holds an interest in any Lot, each such Owner shall be a
Class A member. The vote fOr such Lot shall be exercised as they among
themselves determine, but in no evenl shall more than one vote be cast
with respect to any Lot. Should any two contiguous Lots be combined as
provided in Section 8 below, the resulting larger Lot shall be entitled to
the number of votes, which each individual Lot had prior to the
combination, with those votes being cast in accordance with the above
provisions.
Class B. The Class B members shall Dc the Declarant or a successor
named by it and shall be entitled to three (3) votes for each Lot owned.
Notwithstanding the paragraph directly above labeled "Class A", when the
total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, the Class B membership shall
cease and be converted to Class A membership.
Section 5. Building Permit Required. No building, structure, driveway, fence
or improvement of any kind shall be erected, placed, altered, added to,
reconstructed or permitted to exist or remain on any Lot, and no construction
activities or removal of trees or other vegetation shall be commenced until a
building permit has been issued therefore by the Design Committee, which
building permit is supplemental and in addition to the regulations of Lincoln
County, Wyoming, or any other regulatory agency having jurisdiction over the
Property.
3
0333
(a)
Three sets of plans and specifications for any Lot improvement or
alteration, including tree removal, shall be submitted to the Design
Committee. The plato; .shall include a plot plan indicating the
portion of the Lot proposed as thc~ Improvement Area upon which
development approval is requested. Sufficient information shall be
submitted to demonstrate compliance with all of the requirements of
these Covenants.
(b)
The Design Committee shall rcv~cw the plans and specifications
within 30 days of the submissitm of all necessary plans and
information required by the Design Committee, and determine if the
proposed use or development ctmforlnS to the requirements of these
Covenants. The failure of the Design Committee to review the plans
and specifications or provide any response within said 30-day-period
shall result in the approval o1' the plans and specifications as
submitted. The Design Committee may approve plans and
specifications subject to any conditions or modifications which the
Design Committee determines to be necessary in order to ensure
conformity with the requirements of these Covenants. The Design
Committee shall retain one set of plans, specifications and plot plan.
Approval will be issued by writtcn statement from the Design
Committee. Any approved plans may not be changed before, during
or after construction of a structure unless first submitted and
approved by the Design Commitlcc.
(c)
The Design Committee may chargc a reasonable fee for reviewing
plans and specifications submitted to secure a building permit. If it
is deemed necessarY by the Commxttee to retain professional services
to review any plans or specifications, the Committee may also
charge for these services.
Section 6. Design Committee. The Design Committee shall consist of three (3)
members, all of whom shall be appointed by the Board of Directors of the
Association, for terms as established by the Board. The Design Committee may
act only upon the affirmative vote of two (2) members and any such act shall
constitute an act of the entire Design Committce. The Design Committee may
adopt rules and regulations as deemed neccsqary to the performance of their
responsibilities, provided said rules and regulations are not in conflict with those
adopted by the Association. Changes or amendments may be made to enable this
committee to function smoothly and execute thc duties as herein described; such
rules or bylaws shall be available to all Owners upon request.
(a)
Authority and Duties. The Design Committee shall be responsible for
reviewing construction plans and specifications, issuing building permits
4
(b)
(c)
and take all other actions necessary to carry out the responsibilities
delegated to them by the Association.
Meetings. The Design Committee shall meet from time to time, as it
deems necessary.
Limitation of Liability. Neither the Design Committee nor any member
thereof shall be liable to any party for any action or inaction with respect
to any provision of these Covenants, provided that such Design
Committee or member thereof has acted in good faith. All members of the
Design Committee shall be indemnified and held harmless by the Owners
and Association from liability, damages and expenses for any decision or
action they may make while acting within the scope and course of their
duties.
Section 7. Development and Use Restriclim~s. All development and use
sh all conform to the following requirements.
(a)
Provisions In Addition to County Land tke Regulations. Conformity with
any and all applicable land use regulations of Lincoln County or any other
regulatory agency having jurisdiction over the Property shall be required,
in addition to the requirements of these Covenants. In case of any
conflict, the more stringent requirements shall govern.
(b)
Authorized Use. Only single-family residential use shall be permitted
together with any other use as may be herein after set forth. The residential
use shall be limited to the Improvemcm Area of each Lot. No more than
one family, including its servants and tnmsient guests, shall occupy such
residence.
(c)
Prohibited Uses. No commercial, industrial or other non-single family
residential use whatsoever shall be pcrmiltcd; however, up to a maximum
of 25% or 500 square feet, whichever ix smaller, of the usable floor area of
a dwelling may be used for certain hon~e occupations such as a studio,
workshop for artistic pursuits, recreational and such other endeavors not
requiring access to the premises by thc general public nor requiring the
employment of labor other than the Owner.
(d)
Authorized Structures. No building or olher structure shall be constructed,
placed or maintained on any Lot, except one single-family residence, with
either an attached or detached garage, a guest house, not more than two (2)
barns and fencing.
(e)
Improvement Area. All structures shall be constructed within the
"Improvement Area" to be designated by the Design Committee. No
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structures or development activities shall be permitted outside of the
Improvement Area,
(0
Construction. No used or pre:-fabricatcd materials shall be permitted in the
construction of any structure, except that factory built structures may be
allowed by the Design Committee. Any structure built for crossing of
ditches, creeks or waterways shall be of clear-span, bridge type design or
appropriate sized culverts as qtetermincd by the Design Committee. All
construction shall be completed within one (1) year from the
commencement date of construction, unless the Design Committee
approves an extension for good cause, not to exceed six (6) months in
length. The color of external materials will be generally subdued to blend
with the colors of the natural landscape. Earth tones, generally muted, are
recommended, although occasionally accent colors used judiciously and
with restraint may be permitted. Exterior surfaces will be generally of
natural materials that blend and are compatible with the natural landscape.
All roofs shall be either cedar shakes, asbestos composition or earth tone
metal. The exact materials, color and texture of all external materials must
be approved by the Design Committee. No maximum or minimum roof
pitch is specified, but a minimum of 22-inch eaves and gable overhangs
will be required on principle residences and guest homes. Solid fixed
foundations are required on all Principle Residences and guest homes.
The overall appearance of the structure will be an important consideration.
A design identified with or suggestive of a western theme or traditional
look appropriate for the area is encouraged.
(g)
Height Limitations, Setbacks, Floor Area Requirements. No building shall
be greater than 40 feet in height nor shall it exceed three stories. A below
grade basement shall not be considered it story. Building height shall be
measured from existing grade to the highest point of theroof structure, but
shall not include chimneys, vents ()r solar collectors. The Design
Committee shall have absolute discretion in determining from what point
at existing grade the building height shall be measured. All structures
shall be built to meet county setback requirements. The principal
residence shall have a minimum flot~r area of 800 square feet unless a
smaller floor area is permitted by the Design Committee. A guesthouse, if
constructed, will be restricted to a floor area which must be at least 300
square feet less than the principal residence. Exterior materials for the
guesthouse and for the barn must be similar in character and color to the
principal residence. Design of the gttesthouse and barn must also be
consistent with the theme or design of the principal residence so there is
an appearance of harmony on the enti rc Property. In placing the structures
within the improvement Area, the basic criterion will be the compatibility
of the structures with the subdivision's western setting. Particular
attention will be given to the appearance of the structures from other Lots
and roads. The Design Committee will discourage or deny a building
i.'t 0-2o6
permit for the construction of any structure which would appear excessive
in height when viewed from other Lots or roads.
(h)
Boundary & Interior Fences. Because ibis is a ranching area, each Owner
that has a Lot bordering the exterior of lhe subdivision is required to erect
a boundary fence and maintain it in good repair to prevent cattle from
outside the subdivision from wandering onto the subdivision. Fences
constructed within the interior of the subdivision shall be limited to the
following types; buck and rail, post and rail, slick wire, horse safe wire or
mesh, electric with posts. No barbed wire fencing of any kind will be
allowed in the subdivision. Any other lype of fence that may be desired
must be submitted to the Design Comm il loc for prior approval.
(i)
Utilities. Electrical, telephone and any other utility lines will be installed
underground primarily in the Comm(m Roads, or on other Property if
necessary. All utility lines must be buried in accordance with the Lincoln
County Plan and Permit System.
(J)
Prohibited Structures. No trailer homc, modular home, mobile home,
manufactured homes, camper, garage, otttbuilding or any other structure of
a temporary or mobile nature shall be used within the Property as a place
of residence or habitation, either temporarily or permanently, except as the
same may be customarily employed by contractors for and during the
construction of improvements thereon No house trailer, camper trailer,
tent, shack or any other structure of a temporary or insubstantial nature
shall be erected, placed or be permitted to remain on any Lot. The term
"trailer home" or "mobile home" as used herein shall mean 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
public streets or highways and constructed in a manner as to permit
occupancy thereof as a dwelling or sleeping place for one or more persons,
and shall include any such building, slructure or vehicle, whether or not
wheels and/or axles have been removed, after such building, structure or
vehicle has been placed either teml)ontrily or permanently upon a
foundation.
(k)
Maintenance. Each Lot and all improvcments thereon shall be maintained
in a clean, safe and sightly condition. Boats, tractors, vehicles other than
automobiles, campers, whether or not o~ a truck, snow removal equipment
and garden or maintenance equipment shall be kept at all times, except
when in actual use, completely screened fi'om view. No junk or
inoperative cars or trucks shall be parked on any Lot. Refuse, garbage and
trash shall be kept at all times in a covered container, and any such
container shall be kept within an enclosed structure or appropriately
screened from view. No lumber, grass, shrub or tree clippings, plant
waste, metals, bulk materials or scraps, roi'use or trash shall be kept, stored
7
(1)
(m)
(n)
or allowed to accumulate on any Lot. No skinned hides shall be permitted
to be hung across fences.
Livestock/Pets. No more than ten (10) l.arge Animals of any kind may be
kept on Lots that are ten (10) acres or larger in size. No more than five (5)
Large Animals of any kind may be kept on Lots that are five (5) acres in
size. No Large Animals, pets or other animals shall be kept or maintained
on any Lot except as provided herein. Any Large Animals, pets or other
animals permitted to be kept on a Lot shall be restrained and controlled at
all times so that they do not cause a nuisance to neighboring Lot Owners,
and so that the presence or activity o1' any such Large Animal, pet or other
animal does not harass or endanger' wildlife. Cats or other house pets,
which are normally kept and maintained indoors, shall be permitted on any
Lot. All grazing activity shall be done in a good husbandry like manner so
as not to cause the destruction of natta'al forage, brush or tree species. If
the grazing is not conducted in a good husbandry-like manner or the
grazing would result in the destruction of natural forage, brush, wild
flowers or tree species, all as determined in the sole discretion of the
Design Committee, said Committee shall have the right to require either
the immediate removal of the animals from the Lot or the immediate
construction of an approved stable or corral facility to confine the animals.
Approved stable or corral facilities arc required so as to limit over grazing.
The corral or confinement areas shal be limited to one (1) acre in size on
each Lot. If any Owner's animal(s) arc caught or identified chasing or
otherwise harassing livestock, wildlife or people, or destroying another
Owner's property, any member of the Design Committee or Board of
Directors shall have the authority tt~ have such animal or animals
impounded at any available location, and shall assess a penalty against the
owner of such animal or animals of not more than $50.00 for the first
offense, $100.00 for the second offense, and $200.00 for the third and
each succeeding offense, plus all costs of impoundment and damages
caused, if any.
Noxious or Offensive Activities. No m)xiotls or offensive activity shall be
permitted on any Lot. No unreasonably loud or annoying noise, or
noxious or offensive odor shall be emi tied beyond the Lot line of any Lot.
Signs. No signs or advertising devices shall be erected or maintained on
any lot, except signs, which either identify the Owner or advertise the Lot
for sale. No signs shall exceed three (3) square feet. All ownership signs
shall be of native wood design and approved by the Design Committee.
Each Lot shall have a sign at the driveway entrance to the Lot which shall
contain at a minimum the street name and number of the address of the
Lot.
(o)
Lighting. No light shall be emitted from any Lot which is unreasonably
bright or causes unreasonable gHtrc flor any adjacent Lot Owner.
However, exterior lighting that is sut, dt~ed and whose light source is not
visible from adjoining dwellings may I~c permitted by the Committee for
such purposes as illuminating entrances, decks, parking areas and other
purposes approved by the Design Con~mittee. In all cases, exterior lights
are subject to the prior approval of thc Design Committee. No "ranch"
lights which illuminate a general, unimproved yard area will be permitted.
(P)
Sewage Disposal. Each residential btti Iding shall be connected to a private
sewage disposal system at the Owner's sole expense, and such sewage
disposal system shall conform to all ~q~l)licable standards of the State of
Wyoming, Lincoln County or other regt~ltttory agency. No out-door toilets
shall be permitted.
(q)
Common Roads. The Common Roads shall be private. Each Owner shall
be responsible for an equal portion of thc snow removal and maintenance
costs of Blaze Lane. Said costs which :trc incurred will be at the initiation
of the Board of Directors of the Association. The total snow removal and
maintenance costs on Blaze Lane will I,c prorated to Owners by dividing
the total cost by the number of Lots within the subdivision.
(r)
Snowmobiles and Motorcycles. Snowmobiles, motorcycles or similar
vehicles may be operated on the Property provided such use does not
constitute a nuisance. In determining whether a snowmachine or
motorcycle constitutes a nuisance, the Ik~llowing factors may be taken into
account: noise (particularly a noise level above the manufacturer's
production limits), dust, public safety ;~nd time and extent of such use. All
use may be terminated or controlled I~y the Design Committee or the
Board of Directors of the Association if the use of such vehicles is
determined to be a nuisance.
(s)
Landscaping. It is the intent of these Ct~vcnants, in the construction of all
improvements within the Property, tlat~t care be exercised not to unduly
disturb the natural landscaping therct~f, and within 12 months after the
construction or removal of any such im0rovement, the landscaping on the
unimproved part of the Property disturbed or destroyed during
construction shall be restored by the p lz~nti~g of grasses, trees or shrubbery
of appropriate character and type.
(t)
Excavation, Dredging and Mining. No excavation for stone, sand, gravel,
rock, earth or other material may be ~;tcle on any Lot, except for such
excavation as may be necessary in connection with the erection of a
permitted building thereon. There shztll I~e no excavation or other activity
allowed which would create a pond, I;~kc or otherwise divert or block the
flow of irrigation water from down strc;l~li users. An Owner may petition
9
(u)
the Design Committee for permission ~o construct a pond or lake on a Lot.
The Design Committee may approve or deny the request at its sole
discretion. If such request is approved, it must contain a condition
requiring approval by the Wyoming State Engineer's Office, plus all other
regulatory agencies having jurisdiction over the subject matter. There
shall be no dredging, filling or any t~lher activity associated with any
irrigation ditch which may run through the Property without the prior
written approval of the Design Committcc or the Board of Directors of the
Association and the State Engineer, which may approve the request with
conditions, or deny the request at its .stile discretion. Oil and gas drilling
may not be conducted on the Property.
Wildlife Protection. It is recognized and acknowledged by the Declarant
and the Owners of any Lot within the Property, that wildlife species may
live on or migrate through the Propen3 during various times of the year.
The following limitations on use and development are intended, in
addition to all the other requirements of these Covenants, to protect,
preserve and maintain the existing wilcllil'~ habitat on the Property and to
minimize the adverse effects of development on wildlife habitat:
(1)
Man caused alteration of existing wildlife habitats should be kept
at a bare minimum.
(2)
(3)
(4)
(a)
Existing vegetation should be retained in as near its original
form as possible.
(b) Housing site vegetation removal should be only when
necessary.
(c)
Road (driveway) cuts and fills should be kept at a bare
minimum.
Dogs and other domestic animals shall be controlled and restrained
at all times, and shall not be allmvcd to run at large on any portion
of any Lot, except within a properly enclosed area within the
Improvement Area.
No hunting shall be allowed on the Property; however, appropriate
animal control measures may be implemented when deemed
necessary by the Board of Directors of the Association.
No activity beyond what is comcmplated in these Covenants shall
be allowed on any Lot which unreasonably disturbs or harasses
wildlife.
10
0"40
(v)
(w)
(x)
(5)
Because some wildlife are year-long residents in this area, there
may be some damage to vegetation, fences, etc. Wildlife should be
given every possible consideration and should not be held
accountable for their actions. The Owners understand that wildlife
species are in this area and accept the risk' and agree not to seek
any type of compensation for damage to vegetation, fences, etc.
(6)
The State of Wyoming Game & Fish Department shall be allowed
access to all Lots for the sole purpose of herding or removing
wildlife from the Property. Thc Game & Fish Department, through
its employees or agents may remove those portions of any fence on
the property deemed necessary in order to facilitate the removal of
wildlife from the property; provided that, upon removal of the
wildlife, the Game & Fish Department shall be expected to
reconstruct the fence in a reast,nable time to as near its original
condition as possible. The Game & Fish Department shall not be
liable for the cost of any damage to any fence provided they acted
in a reasonable manner and with due care in removing the fence.
(7)
No cutting of live trees is allowed whatsoever on the Property
without the express written approval of the Design Committee, and
then only those trees within the improvement area may be
authorized for removal which are clearly interfering with the
location of a permitted structure.
Storm Water Retention. Each Owner will be responsible for assuring that
an unreasonable or destructive amount el~ storm water runoff does not flow
onto adjacent Lots. Storm water runoff due to impervious surfaces, such
as roofs and driveways, must be entrapped by a pond or ponds of
sufficient capacity to contain the anticipated runoff. Pending must be
provided by each Owner in accordance with the Storm Water Plan
approved by the Lincoln County Office of Planning and Development.
This drainage plan will be submitted to the Design Committee
concurrently with the application for a building permit and will be
considered a part of the building permit application.
Fire Protection. Fire and emergency response service is provided to the
area from the Alpine and Thayne Volunteer Fire Departments. Although
the Association will be responsible for securing snow removal services for
the subdivision roads, it will be the responsibility of each Owner to
provide snow removal from the entry to his Lot from the subdivision roads
to his residence. It is very important Ihat this be done regularly in the
winter to allow fire and emergency vehicles to respond in a minimum
amount of time.
Irrigation Water Usage/Water Rights.
07,41
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The water rights registered in the State of Wyoming water engineers
office in Cheyenne, Wyoming are to remain with this Property with
equal shares of the water rights to go to the Owners of the 13 Lots of
Blaze Estates Subdivision.
Blaze Estates Subdivision shall have available for irrigation purposes
two (2) sprinkler heads or rainbirds per a five (5) acre Lot and four
(4) sprinkler heads or rainbirds per a ten (10) acre Lot. Sprinkler
heads or rainbirds shall provide water during times when the supply
pump is in operation set by East Irrigation District.
It is understood by the Owners that tile location of buildings may
prevent some areas of the subdivision from receiving water from the
installed irrigation system. If changes in the system become
necessary for an Owner to put water where it is needed, that Owner
shall make necessary changes on his Lot to accommodate water
distribution where such Owner wants it to go. These changes shall
be paid for by the individual Owner wishing such changes. These
changes shall not interfere with other Owners' ability to obtain their
share of these water rights.
Owners shall be responsible for a l)roportional share of power and
maintenance costs of the pump. Proportional share shall be based
upon the number of sprinkler heads one Owner owns. Owners shall
be responsible for maintenance of feeder lines (secondary irrigation
lines) off the main irrigation linc. Only those Owners affected by
repair or maintenance of feeder line that is in need of repair or
maintenance shall be required to pay at a proportional share or the
cost of such repair or maintenance. All Owners shall be required to
pay proportional costs associatcd with repair and maintenance of the
main'irrigation line that comes fmln tile pump.
Owners shall be responsible fol' providing and maintaining irrigation
service lines within the Owner's Ix)t.
Owners are individually responsible to set up a payment system to
the East Irrigation District for water usage to Blaze Estates
Subdivision. All Lot Owners are required to pay a proportional
share of irrigation water used within the subdivision.
East Irrigation District has the right to shut off the pump to the
Property or lock out individual Lots within the Property if payment
for water usage is not paid by thc individual Owners of such Lots.
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(8)
All assessments and fees associatccl with irrigation water usage and
or repairs and maintenance are cluc and payable within 30 days of
date of billing.
(9) Owners may not do anyihing that is m contradiction with the State
Water Engineer's Office interpretation of these water rights.
Section 8. Property Subdivision Structures, Once sold by the Declarant, no
Lot within the Property shall be further divided, subdivided or split, Two or more
contiguous Lots, if owned by the same Owner, may be combined as one larger
Lot for the purpose of applying these Covenants, provided that the Owner makes
such election in writing and first receives written approval from the Design
Committee, and a Unity of the Title or other apprt~priate instrument combining
such Lots is duly recorded in the office of the C~)unty Clerk in Lincoln County,
Wyoming. Following the combination of any l.ots, the larger Lot shall have the
number of votes which each individual Lot had prior to the combination, as
provided in Section 4(B) above.
Section 9. Violations-Enforcement-Costs. The limitations and requirements
for land use and development set forth in these Covenants shall be enforceable by
the Board of Directors of the Association, Design Committee members or any
Owner. Every Owner hereby consents to the entry of an injunction, judgment or
lien against him or her or his or her tenants or gttcsts, to terminate find restrain any
violation of these covenants or for the nonpaymem of assessments due, Any lien
imposed for nonpayment of assessments may carry interest at the highest rate
allowed by law for consumer loans, plus all costs and attorney's fees. Any Owner
who uses or allows his or her Lot to be used or developed in violation of these
Covenants further agrees to pay all costs incurred by the Board of Directors of the
Association, Design Committee or other Owner in enforcing these Covenants,
including reasonable attorneys' fees whether or not suit is actually filed.
Section 10. Indemnification. The costs to thc Association shall include all
costs to indemnify and save harmless Declarant, Design Committee, the officers
and Board of Directors of the Association and agents thereof, their successors and
assigns, from and against any and all claims, suits, action, damages and/or causes
of action arising from any personal injury, loss o1' life and/or damage to property
sustained on or about the Property, if any, or an y appurtenances thereto or arising
out of the installation, operation or maintenance of Common Services, from and
against all costs, counsel fees, expenses and liabilities incurred in and about any
such claim, the investigation thereof or the defense at any levels of any action or
proceedings brought thereon, and from and against any orders, judgments and/or
decrees which may be entered therein. Included in the foregoing provisions for
indemnification are any expenses that Declarant, Design Committee, officers and
Board of Directors of the Association and agents thereof, their successors and
agents, may be compelled to incur in bringing suit for the purpose of enforcing
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rights hereunder, or for the purpose of compelling the specific enforcement of the
provisions, conditions, covenants and restrict~tms contained in these Covenants.
Further, the costs to the Association of Indemnifying the Declarant, Design
Committee, officers and Board of Directors t)l' the Association shall include all
costs and expenses whatsoever incurred in tile pursuance of their duties,
obligation and functions hereunder and in any legal defense of such actions
including, without limitation, counsel fees and costs at all levels of any trial or
proceeding, costs of investigation and discovery, and recovery.
Section 11. Grants and Reservations of Easements. The Declarant hereby
grants and reserves for its benefit and the benefit of all Owners the following
easements on the Property.
(a)
An easement for ingress and egress access on, over and across the
Common Roads within the Property, which is to be private,
appurtenant to the Property and fol~ the use and benefit of all Owners,
their guests, invitees and licensees a~ld other individuals or entities as
may from time to time be granted permission to use the Common
Roads by the Board of the Ass~ciation. No Owners, their guests,
invitees or licensees shall use tile Common Roads in any way that
will impair the rights of others to use it, and shall not obstruct
passage thereon in any way.
(b)
An easement or easements on, upon, across, through and under the
Common Roads (which easement may include reasonable rights of
access for persons and equipment necessary to accomplish such
purposes) to provide service and repair and maintain the equipment
required to provide utility services including, without limitation,
electric, telephone, irrigation and drainage and any other
underground utility or service for thc benefit of the Owners.
(c)
The use and maintenance of the Colnmon Roads shall be under the
exclusive jurisdiction and control ill' the Board of Directors of the
Association.
(d)
Unless different dimensions are stated in a prior recorded document,
an easement fifteen (15) feet in wiclth on either side of all irrigation
ditches and pipelines currently located on and appurtenant to the
Property for a total width of thirty (30) feet, to provide for the
maintenance and repair of all irrigation ditches and pipelines on the
Property and for ingress and egress thereto for performing the
purposes of this easement.
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Section 12. No Implied Waiver. The failm'c o£ the Board of Directors of the
Association to object to an Owner's or other party's failure to comply with these
Covenants (including any rules adopted) nox~ {ix-hereafter promulgated shall in no
event be deemed a waiver by the Board or tit' any other party having an interest
therein of its right to object to same anti Io seek compliance therewith in
accordance with the provisions of these Covenants.
Section 13. Amendments and Modificalinns. These Covenants may be
amended, modified, altered or revoked at an) time as provided in Section 14
below, by the written consent of the Owners ~I' 80% or more of the Lots in the
development. The voting shall be in accor&~ncc with the requirements contained
in Section 4(B) above. All such changes shall become effective on the date of
recording a document reflecting those amendments in the County Clerk's Office
for Lincoln County, Wyoming.
Section 14. Duration of Covenants. All of the covenants, conditions and
restrictions set forth herein shall continue and remain in full force and effect after
the date of recording of this Declaration of Covenants in the County Clerk's
office for Lincoln County, Wyoming, subject to the right of amendment or
modification provided in Section 13 above. This Declaration of Covenants shall
remain in full force and effect unless revoked by the Owners of 80% of more of
the Lots within the development as provided in Section 13 above.
Section 15. Severability. Any decision by z, Court of competent jurisdiction
invalidating any part or section of these Covcmmts shall be limited to the part or
section affected by the decision of the Court, and the remaining part or paragraphs
shall continue in full force and effect.
Section 16. Termination of Declarant Obligations Except any
indemnification rights under these Covenants, including without limitation those
rights provided for under Section 10, all rights, obligations and liabilities of the
Declarant under these Covenants shall terminale at such time as the Declarant no
longer owns any Lot,.
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IN WITNESS WHEREOF, this Dechtratmn of Covenants, Conditions and
Restrictions is executed this q.' day of .'T'Jxe ~..e_ mbe_~c ,200
345
BLAZE ESTATE SUBDIVISION DECLARANT
/
By:
By:
Shane Wasem - Developer
~]':ii ge Savarese - Developer
Preston Savarese - Developer
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Declaration of Covenants, Conditions and Restrictions for
Blaze Estates was acknowledged before me by t'{-e s~m ,-~c't,caxe._. ,
and to me known to be the persons who executed the foregoing as the legal
owners of Blaze Estates on this ~. 0 +}~ day of ~[,~0_ m bea,'' 200 t/ .
WITNESS my hand and official seal.
County of g, '~'~,. ~ ..S. tate .of
Tmon ~ Wyoming
My Commission Expires 2-9-2005 __~
~ Y --,:. n expires:
N' A~RIEL AMINI
mary Public, Stat{
NOTARY PUBLIC~
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