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HomeMy WebLinkAbout906111CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by JDB & ASSOCIATES, LLC, a Wyoming Limited Liability Company, located in Etna, Wyoming, hereinafter referred to as "Declarant". RECEIVED 1/27/2005 at 10:58 AM RECEIVING # 906111 WITNESSETH: BOOK: 577 PAGE: 822 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WHEREAS, Declarant is the owner of certain property in the County of Lincoln, State of Wyoming, described as: Caribou Flats Subdivision within the S 1/2SE14 of Section 27 and the N1/2NE1/4 of Section 34 in T36N, Rll9W, 6th P.M., Lincoln County, Wyoming, as filed in the Office of the County Clerk, Lincoln County, Wyoming, on August 14, 2003, as Plat No. 25 l-A, Instrument No. 892461 (hereafter referred to as the "Plat"). NOW, THEREFORE, Declarant hereby declares that the property described above shall be held, conveyed, leased, used, improved, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of the property, and for the creation of a tranquil and satisfying community of compatible uses to facilitate harmonious relationships among its owners. These covenants shall run with the property and shall be binding on all parties having any right, title or interest in the property or any part thereof, their heirs, successors, and assigns, and shall insure to the benefit of each owner of any portion of the property. ARTICLE I - DEFINITIONS Section 1. Association. "Association" shall mean and refer to CARIBOU FLATS SUBDIVISION ASSOCIATION, its successors and assigns. Section 2. Lot Owner. "Lot Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. Properties. "Properties" shall mean and refer the property described above. Section 4. Lot. "Lot" shall mean and refer to any plot of land shown upon the Plat. CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 1 OF 6 Section 5. Common Improvements. "Common Improvements" shall mean and refer to the Properties' common roads and common electrical and telephone lines, as shown on the Plat, and the common well, also as shown on the Plat, and a common sign which may, at the discretion of the Association and subject to Lincoln County, Wyoming approval, be erected immediately adjacent to U.S. Highway 89 and the common road on Lot 1. ARTICLE II - PROPERTY RIGHTS Section 1. Lot Owner's Quiet Enjoyment. Every Lot Owner shall have a right of quiet enjoyment to his or her individual property, subject only to any applicable governmental restrictions or regulations, and subject to the provisions contained in this Declaration. Section 2. Common Improvements. The Association shall have the right to dedicate or transfer all or part of the Common Improvements to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Association. ARTICLE III - ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 1. Association Membership. Every Lot Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Section 2. Voting Rights. Each Member shall have one (1) vote. ARTICLE IV - COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants (and each Lot Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree) to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, and (3) all monetary fines assessed by the Board of Directors; such assessments or fines to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, fines, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his/her successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the improvement, maintenance, and operation of the Common Improvements; provided, however, that because Lot 1 has a separate well, the Owner of Lot 1 shall not be assessed for any costs associated with the common well. CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS V Q~pF 6 Section 3. Annual Assessment. The Association shall fix the annual assessment at an amount that covers the actual costs of maintaining and operating the Common Improvements. Section 4. Special Assessments for Capital Improvements. The Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, repair, or replacement of any capital improvements to the Common Improvements that are agreed to by the Association. Section 5. Notice and Quorum for Any Association Action. Written notice of any meeting of the Association shall be sent to all Members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting. A quorum shall be at least three (3) of the five (5) Lot Owners. Section 6. Uniform Rate of Assessment. Except as otherwise provided herein, both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or monthly basis, as agreed by the Association. Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as of January, 2005, and the rate of such assessment shall be established in a meeting of the Association to be held not later than March 31, 2005. Written notice of the annual assessment shall then be sent to every Lot Owner. Section 8. Notices Regarding Assessments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 9. Effect of Nonpayment of Assessments; Remedies of the Association. All assessments are annual assessments; however, the Association may provide for collection of the same in monthly, quarterly, or semi-annual installments. Notwithgtanding the foregoing, upon default in the payment of any one or more installments of the annual or any special assessment, the entire balance of said annual assessment may be accelerated at the option of the Association and be declared due and payable in full, immediately. Any assessment not paid within thirty (30) days after the due date (including the entire annual assessment, if payment is accelerated as provided for herein) shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the Lot Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Lot Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common utilities and improvements for which assessments are made or by abandonment of his or her Lot. Section 10. Subordination of the Lien to Mortgages. The lien of the assessment and fines provided for herein shall be subordinate to the lien of any first mortgage on any Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 3 OF 6 O9061. L1. ,.' 0825 ARTICLE V - ARCHITECTURAL CONTROL No building, fence, wall, or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Association or by an architectural committee composed of not less than three (3) Lot Owners appointed by the Association. In the event the Association or its designated committee fails to approve or disapprove a design and location within thirty (30) days after said plans and specifications have been submitted to it, then approval will not be required and the Lot Owner will be deemed to have fully complied with this Article. ARTICLE VI - LOT MAINTENANCE Section 1. Maintenance of Structures and Individual Lots. The exteriors of all structures that are built on any Lot shall be maintained in reasonably good maintenance and repair. All Lots shall be maintained in a reasonably neat and orderly condition. If three-fifths (3/5th) of the Members of the Association determine that a Lot Owner has failed to keep the exterior of any building or any Lot in such manner, the Association may take reasonable action to bring a structure or a Lot into compliance, and the costs of such maintenance or repairs that are so undertaken shall be added to and become a part of the assessment to which such Lot is subject. Section 2. Maintenance of Roads and Utilities Within Individual Lots. Lot Owners shall be responsible for all the repair and maintenance of all roadways and all utilities within the individual Lot Owner's Lot. ARTICLE VII - GENERAL PROVISIONS Section 1. Limitation of Lot Use. Lots shall be used only for such purposes as are allowed under Lincoln County, Wyoming zoning. Section 2. Enforcement. The Association or any Lot Owner shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. No failure by the Association or by Owner(s) to so act shall be deemed a waiver of the right to do so thereafter. Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions that shall remain in full force and effect. Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS P~,,C~F~A:? F 6 This Declaration may be amended by an instrument signed by the Lot Owners representing not less than three-fifths (3/5th) of the Lots. Any amendment must be recorded. Section 5. Indemnification. The Declarant and the Association shall not be liable to any party for any action or inaction with respects to any provision of the restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration, provided that such individuals act in good faith. All such individuals shall be indemnified and held harmless by the Lot Owners from liability, damages, and expense, including reasonable attorney's fees, for any decision or action or inaction they may have taken while within the scope and course of their duties. ARTICLE X - LOTS SUBJECT TO DECLARATION All present and future Lot Owners, tenants, mortgagees, and occupants of Lots, where applicable, shall be subject to and shall comply with the provisions of this Declaration and any amendments thereto as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into of a lease or the entering into occupancy of a Lot shall constitute agreement that the provisions of this Declaration and any amendments thereto as they may be amended from time to time are accepted and ratified by such Lot Owner, tenant, occupant, or mortgagee; and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Lot as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this instrument to be executed this 2~'~ day of January, 2005. Mj AO NH ~~N F'I~RRI S E~ MEMBER JDB & ASSOCIATES, LLC ~"~IY~N P~RKER MEMBER MEMBER CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 5 OF 6 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me this ~ff~ day of January, 2005, by Dan Putnam, who, affirmed under oath that he is the Managing Member of JDB & Associates, LLC, and that this instrument was signed on behalf of said company by authority of its Board of Members. WITNESS my hand and seal the date first above writtgn. County of 1~ State of I in~::~ln ~ Wyoming My Commission Exptres~__J__u_ly__l__6_,_2___O0__7___~ /NOTA~IYPUBLiCt) My Commission expires: o'~//6 STATE OF WYOMING ) ) SS. COUNTY OFLINCOLN ) ACKNOWLEDGED before me this Z~ day of January, 2005, by Bryan Parker. M. KEVIN VOYLES - NOTARY PUBLIC County of ~ State of Uncoln~ Wyoming My Cornmi~sion Expires July 16, 2007 My Commission expires: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before Martha Ferris. me this day of January, 2005, by John Ferris and WITNESS my hand and seal the date first above written. County of ~ State of My Commission expires: o?//(o/o'7 CARIBOU FLATS SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE_~:QF~ 6