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907402
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF MOUNTAIN VISTA SUBDIVISION This Declaration of Covenants, Conditions, and Restrictions regulating and controlling the use and development of certain real property as hereinafter described is made to be effective as 1 st day of April, 2005 ("Declaration"), by Patrick A. Kolp and Sylvia L. Kolp, husband and wife hereinafter referred to as "Declarant", the Owner or beneficial owner of Lots #1,2,3,5,6,7,8 and Michael L. Willis and Marcy Willis the Owner or beneficial owner of Lot #4 of the Mountain Vista SUbdivision ("the Subdivision") in accordance with the plat to be filed for record in the Office of the Lincoln County Clerk in Lincoln County, Wyoming, (''the Plat"), 'which shall hereinafter be referred to as the "Property". the Property is of high scenic and natural value, and the Declarant is adopting the following Covenants, Conditions, and Restrictions to preserve and maintain the natural character and value of the Property for the benefit of all Owners of the Property or any part thereof. ~- ~Z ~ ~.L~ Z~ ~ z LLILU~ 0 z ~ O LLI m, O O r~ Z _J NOW, THEREFORE, Declarant hereby declares that all of the Property described shall be owned, held, sold, conveyed, encumbered, leased, used, occupied, 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 or any part thereof, their heirs, successors and assigns and shall inure to the the benefit of each Owner of any part thereof. ARTICLE I- DEFINITIONS 1. "Association" shall mean and refer to the Mountain Vista Property Owners Association and its successors and assigns. 2. "Common Areas" shall mean the private roadways within the Property which provide access to individual Lot lines from Lincoln County Road 110. 3. "Common Services" shall mean the maintenance and any snow removal services for the Common Areas, maintenance of the main sprinkler line on the east and south side of the Property, and utility line maintenance and repair services, if any, for utility lines located in the right-of-way of such roads. 4. "Declarant" shall mean and refer to Patrick A. Kolp and Sylvia L. Kolp, husband and wife. 5. "Lot" shall mean and refer to any of the single family residential plots of land described above and shown upon that certain recorded subdivision plat of the Property filed by the Declarant in the Office of Lincoln County Clerk. 6. "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. 7. "Principal Residence" shall mean the single family residential Structure, constructed on any Lot of the Property, which is the principal use of such Lot, and to which the other authorized Structures on such Lot are accessory. 8. "Property" shall mean and refer to that certain real property known as the Mountain Vista Subdivision, in accordance with the plat that have been filed for record in the Office of the Lincoln County Clerks in Lincoln County, Wyoming. 9. "Structure" shall mean anything built or placed on the ground, excluding fences. ARTICLE II PROPERTY RIGHTS Owners' Easements of Enjoyment. Every Owner shall have the right and easement of enjoyment in the Common Areas, which shall be appurtenant to and shall pass with the title to every Lot. ARTICLE III ASSOCIATION MEMBERSHIP AND VOTING RIGHTS ¥ 0154 1. Association Membership. Every Owner of a lot shall be member of the Association. For the purposes of voting and meetings of the members, there shall be one vote for each Lot. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. 2. Management of the Association and Property. The management and maintenance of the Property and the business, Property and the affairs of the Association shall be managed by the members of the Association. All agreements and determinations with the respect to the Property lawfully made or entered into by the Association shall be binding upon all of the Owners and their successors and assigns. 3. Limited Liability_ of the Association Members. Members of the Association acting in good faith on behalf of the Association: a. shall not be liable to the Owners as a result of their activities as such for any mistakes of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; b. shall have no personal liability in contract to an Owner or any other person or entity under any agreement, instrument 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 misconduct or bad faith; d. shall have no personal liability arising out of the use, misuse or condition of the Property which might in any way be assessed against or imputed to them as a result of or by virtue of their capacity as such. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to have consented to be subject to these covenants and agrees to pay the Association: a. Annual assessments or charges; and 3 b. Special assessments for capital improvements, such as assessments to be established and collected as hereinafter provided. c. All annual assessments must be voted on by the Association with which such vote must pass with a majority vote. A general, continuing lien is hereby imposed on each Lot in the Subdivision for the payment of any annual and special assessments imposed on Lots according to this Declaration. In connection with that general lien, all of the annual and special assessments, together with interest, cost and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon all those Lots on which each such assessment is made. Each such assessment, 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. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and the welfare of the residents of the Property and for the improvement and maintenance of the Common Areas, to include roads, sprinkler main lines and other related expenses incurred on behalf of the Association. 3. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of a capital improvement including the Common Areas and shared access roads, including fixtures and personal property related thereto, provided that such assessments shall have the assent of at least seventy-five per cent of the members who are voting at a meeting duly called for this purpose. 4. Uniform Rate of Assessment. Both the annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other periodic basis as determined by the Association. 5. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment not paid within thirty days after the due date shall bear interest at the rate of fifteen percent per annum. 4 ~ ? ~,©~, o The association may brin§ an action 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 mort§ages with power of sale are foreclosed in Wyomin9 pursuant to W.S. 34-4-101 et seq., and any successor or replacement statute thereto. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Areas or abandonment of the Lot. 6. Priority of the Assessment Lien. Sale or transfer of any Lot or the recordin§ of any mortga§e or other lien a§ainst any Lot shall not affect the priority of the assessment lien. ARTICLE V - DESIGN STANDARDS 1. General Standards. The following standards and restrictions are applicable to the construction, remodeling, alteration and exterior refinishing of any and all Structures and improvements and site preparation upon each Lot. 2. Uniform Codes. All structures or improvements shall be erected in accordance with the current edition of the following inform codes: a. Uniform Building Code; b. International Conference of Building Officials; c. National Plumbing Code; d. National Electrical Code: and e. National Fire Protective Association International. 3. Design Character. All building 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 painted in colors that blend into the natural environment and landscape of the area. a. Exterior colors shall be earth tones or such colors that blend into the natural environment. b. All buildings must comply with either current editions of the Uniform Building Code. the National Plumbing Code, and the National Electrical Code, or, if applicable, State of Wyoming, and/or Lincoln County Building and Safety Codes. c. Roof materials shall be cedar shake or shingle, slate, ribbed metal, or metal shingle roofing with a nonreflective flat color finish. Building Design, The design of all buildings is subject to the following: a. No structures or improvements shall be constructed on the properties other than one single family dwelling to be occupied by the owner, his lessee, guests and servants, garage(s), a guest house for the use of guests and not for rent, storage building(s) to be used to house vehicles, equipment or supplies, and barn(s) to be used to house horses. All improvements shall be of new, permanent construction using good quality workmanship and materials. b. The minimum floor area of any single family residence shall not be less than 1,400 square feet as measured by the exterior building dimensions on the ground floor, exclusive of the garage, carport, or unenclosed porches or decks. All residences must also include a garage large enough for at least 2 automobiles. c. No structure shall be erected, altered, placed, or permitted to remain on the property which shall exceed two stories in height. This shall not include a walkout basement or underground garage. d. All residential roofs shall have a minimum pitch of five feet in twelve feet. All primary roofs shall have a minimum overhang of two feet. Solar collectors shall not be considered roofs. No unpainted metal roofs shall be allowed. e. Solar collectors may be of any construction, materials or pitch required for efficient operation, but they shall not be placed on any structure in a manner which causes objectionable glare to any neighboring residence. Solar collectors shall be integrated into the structure of a residence, garage, carport, or other accessory building and shall not be free standing. f. Setbacks shall not be less that thirty feet from any side or rear boundary line. 6 5. Site Design. Site design shall comply with the following requirements: a. No barbed wire or two strand wire will be permitted except those already established by adjacent landowners not in the subdivisions. Fences shall be constructed of quality material including but not limited to: vinyl, peeled poles, rough saw lumber, or high tension wire with top rail. All fences shall be maintained as to not take away from the natural environment. b. All fuel tanks, water tanks, or similar storage facilities shall either be constructed as an integral part of a Structure, or shall be installed or constructed underground. c. Sanitary Facilities. Each sewage system is the responsibility of the individual property owner and shall be installed at the expense of the individual property owner and shall be constructed in conformity with the laws of the State of Wyoming and Lincoln County, and no privy, outSide latrine, other 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 causing any water or pollution emanating from his lot. d. All approaches from Lots to the Common Areas within the Subdivision shall include installation of a culvert to accommodate any water runoff if deemed necessary. e. Domestic water supply is the responsibility of each Owner and shall be installed at his expense. All arrangements and facilities providing domestic water shall conform to all the laws and standards set by the State of Wyoming, its departments and political subdivisions. 6. Construction. The exterior of any building must be completed within twelve months after the commencement of construction except where 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, however, that the Owner is nonetheless obligated to either diligently pursue completion or removal of the buildings. 7 LAND CLASSIFICATIONS, ARTICLE VI USES AND RESTRICTIVE COVENANTS following areas: Land Classifications. a. Residential; and b. Common Areas. General Restrictions. regardless of classification: All land within the Property has been classified into the The following restrictions shall apply to all land, a. No building, Structure, sign, fence, refinishing or improvement of any kind shall be erected, placed, or permitted to remain on any Structure, Lot, or tract, and no excavation or other work which in any way alters any Lot from its natural or improved state existing on the date the Lot was first conveyed in fee by Declarant to an Owner shall be erected, placed, done, or permitted to remain on any Structure, Lot or tract until proper permits are obtained from Lincoln County. Residential Areas; Uses; Restrictions. a. Each residential Lot shall be exclusively for residential purposes, and no more than one family (including its servants and transient quests) shall occupy such residence. b. Each Lot, and any 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 create a fire hazard, all at such Owner's sole cost and expense. c. No pigs, swine, goats, sheep, cattle, turkeys, chickens, or any other domestic animals or fowl shall be maintained on any Lot other than not more than four horses, and all Owners of horses must maintain sufficient grass to pasture or graze their horses and have no dirt pastures, and not more than two adult dogs, cats, or other recognized house or yard pets; provided, however, that all animals shall at all times be restrained or leashed and maintained on Owner's lot so as not to be or become a nuisance or be allowed to run at large. Barking dogs constituting a do nuisance shall be confined in a sound resistant enclosure during normal sleeping hours. No commercial signs whatsoever shall be erected or maintained upon any lot. A wooden residential identification sign of combined total face area of three square feet or less may be erected. A sign advertising the premises for sale may be erected as needed for such purposes, provided sUch sign does not exceed a combined total face area of six square feet. No noxious, offensive, or noisy activity (disturbance to the peace and tranquility) shall be carried on upon any Lot, nor shall anything be done or placed thereon which may become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other Owners in the enjoyment of their Lots. In determining whether there has been a violation of this subparagraph recognition must be given to the premise that Owners, by virtue of their interest and ownership in the Subdivision, are entitled to the reasonable enjoyment of its natural benefits and surroundings. No manufactured or modular house, house trailer, mobile home, shack or similar facility or structure shall be kept, placed or maintained upon any Lot at any time. The phrase "manufactured or modular house" means a house or other structure constructed at a location other than on the Lot where it is to be located and then moved in one or more pieces to the Lot. The term "house trailer" or "mobile home" as used herein includes but is not limited to any building or structure with wheels and/or axles and any vehicle used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed so as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure, or vehicle whether and/or axles have been removed, after such building, structure, or vehicle has been placed either temporarily or permanently upon a foundation. However, Owners may keep a motor home, camp trailer, or similar recreational vehicle on a lot so long as the vehicle is currently registered and not used for residential purposes on the Lot. g. Each Lot Owner shall be responsible to pay assessments for the snow removal and maintenance costs for the Subdivision roads as long as they are private roads in conjunction with all Lot Owners. h. No inoperative vehicle shall be kept on the premises for more than thirty days unless parked in an enclosed building. i. All garbage and trash shall be placed and kept in covered containers which shall be maintained so as not be visible from neighboring property. The cost of commercial trash collection shall be paid by each owner, in accordance with the billing of the collector. No rubbish or debris of any kind shall be permitted to accumulate on any Lot. No metal including without limitation scrap metal or metal drums shall be kept, stored or allowed to accumulate on a Lot except in an enclosed structure. ATRICLE VII - GENERAL PROVISIONS 1. Lot Splitting; Consolidation. Two or more contiguous Lots within the Property may be combined. Such consolidated Lots may thereafter be treated as one Lot and building site, and as such may be subjected to this Declaration the same as a single Lot except for the purpose of levying and collecting assessments. No Lot may be divided or subdivided. 2. General Maintenance. The maintenance, alteration, replacement and/or repair of the Common Areas shall be the responsibility of the Lot owners. The Lot owners, as part of their responsibilites, shall maintain, repair, and provide for snow removal and maintenance activities on the roadway. The Lot owners are responsible for repair and maintenance of the main sprinklerline that feeds the Property. The maintenance, repair, and replacement of all improvements on each Lot shall be the responsibility of the Owner of such Lot. ARTICLE VIII ENFORCEMENT, DURATION, AND AMENDMENT 10 1. Enforcement. The Lot Owners, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. If such a proceeding is successfully brought, the party against whom the action was brought shall pay to the enforcing party all costs thereof including without limitation a reasonable attorney fee in addition to any relief that may be granted. Failure by the Lot Owners to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. Duration of Restrictions. 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 modification provided for in this Article, for a term ten years, after which time they shall automatically be extended for successive periods of ten years. 3. Amendment. This declaration may be amended during the first ten year period by an instrument of writing signed by not less than seventy-five percent of the Lot Owners, and thereafter by an instrument in writing signed by not less than sixty percent of the Lot Owners, which amendment becomes effective when the instrument is recorded in the Office of the County Clerk of Lincoln County, Wyoming. The Declarant shall have the right in their sole discretion, during such time as Declarant owns not less than four Lots, to amendent or modifiy this Declaration by an instrument in writing, and all Lots within the SubdiviSion including those previously sold shall be subject to such modification. Any such amendments shall be duly executed by the Declarant and are effective when recorded in the Office of the County Clerk of Lincoln County, Wyoming. 4. Violation Constitues Nuisance. Every act or omission, whereby any restriction, condition, or covenant in this Declaration set forth, if violated in whole or in part, is declared to be and shall constitute a nuisance and may be abated by Declarant or its successors in interest, The Lot Owners; and such remedies shall be deemed cumlative and not exclusive. 5. Constrution and Validity of Restrictions. All of said covenants, conditions, and restrictions contained in this Declaration shall be construed together, but if it shall at any time be held that any one of the said conditions, covenants of reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other condition, covenant, or 11 reservation, or any part thereof shall be thereby affected or impaired; and the Declarant, grantor and grantee, their heirs, successors, and assigns 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 unenforceable. 6. No Waiver. The failure of the Declarant or the Lot Owners to insist, in one or more instances, upon the strict performance of any of the terms, covenants, conditions, or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve notice or to institute any action, shall not be construed as a waiver or a relinquishment, for the future, of such term, covenant, condition, or restriction shall remain in full force and effect. The receipt and acceptance by the Lot Owners of payment of any assessment from and Owner, with the knowledge of the breech of any covenant hereof, shall not be deemed a waiver of such breach, and no waiver by the Lot Owners of any provision hereof shall be deemed to have been made unless expressed in writing and duly signed by or on behalf of the Lot Owners. 7. Variances. The Declarant, in their sole discretion, may allow reasonable variances and adjustments of the foregoing covenants, conditions, and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the covenants contained herein. Any variances or adjustments of these conditions, covenants, and restrictions granted by the said Declarant, or any acquiescence or failure to enforce any violations of the conditions and restrictions herein, shall not be deemed to be a waiver of any of the conditions and restrictions in any other instance. IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly executed as of the day and year first listed above written. 12 Patrick A. Kolp Sylvia L?~:~II p STATE OF WYOMING COUNTY OF LINCOLN / /,/ Marcy Willis ~ The foregoing Declaration of Covenants, Conditions and Restrictions for Mountain Vista Subdivision was acknowledged before me by Patrick A. Kolp and Sylvia L. Kolp, husband and wife, Michael L. Willis and Marcy Willis, husband and wife, and to me known to be the persons who executed the foregoing as the legal owners of Mountain Vista Subdivision on this ~" day of ~t"~.~,r...'~r,, ,2005. Witness my hand and official seal. NOTARY PUBLIC My commission expires: