TRAIL RUN™ AREA 1
STATE
OF WYOMING )
ss
COUNTY
OF CARBON )
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
TRAIL RUN™ AREA 1
THIS DECLARATION, made on
_______________, 2002, by William R. Saulcy, Jr., and Judith Jean Saulcy,
hereinafter referred to collectively as “Declarant.”
1. Declaration/Lands Subject to
Declaration.
A. Declarant
is the owner of certain real property in Carbon County, Wyoming, generally
described as: Record of Survey, Trail
Run™ Area 1, as recorded on ____________, 2002, in Book _____, Page
______, as Instrument No. ___________, in the office of the County Clerk and
Ex-Officio Register of Deeds. A map, for
illustration purposes, is attached as Exhibit 1.
B. Declarant
does hereby publish and declare that the lands and improvements constructed and
located on the lands included in the Record of Survey, Trail Run™
Area 1, as recorded on ____________, 2002, in Book _____, Page ______, as
Instrument No. ___________, in the office of the County Clerk and Ex-Officio
Register of Deeds, are hereby subject to the use and ownership as set forth
herein and are subject to the following terms, covenants, conditions,
easements, and restrictions, uses, limitations, and obligations, all of which
shall be deemed to run with the land, shall be a burden and a benefit to
Declarant and any person acquiring or
owning an interest in the real property and improvements, their grantees,
successors or assigns.
2. Term.
These covenants, conditions and
restrictions shall run with the land described in Paragraph 1 and shall remain
in full force and effect for a period of
thirty (30) years from and after the date of recording with the Carbon
County Clerk and Ex-Officio Register of Deeds, or until amended or rescinded
upon the written consent two-thirds of those entitled to vote as described in
Paragraph 37.E., except that any amendment or recission shall, for the
first fifteen (15) years following the date of recording with the Carbon County
Clerk and Ex-Officio Register of Deeds, require the prior written consent and
approval of Declarant or Declarant’s personal representative or heirs,
successors and assigns, which consent and approval may, in Declarant’s or
Declarant’s personal representative or heirs, successors and assigns, sole discretion
be withheld or denied. Declarant’s rights, duties, and obligations shall remain
with their personal representative or heirs, successors and assigns.
3. Objectives of Declarant.
It is the objective of the Declarant
to create a low density community which can provide a traditional rural
environment together with the needs of modern lifestyles. The Declarant, acting for themselves and
their personal representatives, heirs, successors and assigns, through the
recording of these covenants, conditions and restrictions for Trail Run™
Area 1 intend that no activity take place and no improvement is constructed or
maintained which, in Declarant’s opinion, impairs the monetary or aesthetic
values in the area, or threatens the health, safety, and tranquility of
residents. In addition to the adoption
of these covenants, conditions and restrictions for Trail Run™ Area
1, the Declarant reserves the right to adopt future reasonable rules and
regulations, together with future building requirements consistent with these
objectives, which become effective upon ten (10) days written notice to all
interested parties, which notice shall be given by certified mail by depositing
the same in the mail, addressed to such interested parties at their last known
address as set forth and maintained by the Carbon County Treasurer’s Office.
4. Notices.
A. Notices
Regarding Public Facilities:
1. No
public roads or public road maintenance exists or is planned.
2. No
public water system exists or is planned.
3. No
public sewer system exists or is planned.
4. An
off‑site public landfill is available.
User fees apply.
B. Notice
of Applicable Zoning Requirements
Notice of applicable zoning
requirements, including requirements of developers (Declarant) and subsequent
landowners, is given by virtue of the Notice Of Action, Case File 97‑12,
certified March 3, 1998, by Carbon County Planning Commission which is attached
hereto as Exhibit 2, is incorporated herein by this reference, and is hereinafter
sometimes referred to interchangeably as “Case File 97‑12” or “Exhibit
2.”
5. Definitions.
A. “Association”
shall mean and refer to Trail Run Landowners Association, Inc., a
Wyoming non-profit corporation, its successors and assigns.
B. “Common Elements” means the roadway easements, utility
easements and recreational pathway easements, if any, and other areas of common
use which may currently appear on the Record of Survey, Trail Run™
Area 1, or which are currently appurtenant to or apparent upon such property, together
with those easements and common elements which may become appurtenant to such property in
the future.[BS1]
C. “Declarant”
shall mean and refer to William R. Saulcy, Jr., and Judith Jean Saulcy, husband
and wife, their personal representatives, heirs, successors and assigns.
D. “Owner”
and “Landowner” shall mean and refer to the record owner, whether one or more
persons or entities, of a fee title to any tract designated on the Record of
Survey, Trail Run™ Area 1, including contract buyers, but excluding
those having such interest merely as security for the performance of an
obligation or debt. For purposes of this
Declaration, while Declarant can be an Owner or Landowner, an Owner or
Landowner shall not be considered Declarant’s successor or assign.
E. “Tract” means a parcel of
land, 40 acres or more in size, as shown on the Record of Survey, Trail Run™
Area 1, recorded on ________________, 2002, in Book _____, Page ____, as
Instrument No. _____, in the Office of the Carbon County Clerk and Ex-Officio
Register of Deeds.
6. Easements; Uses and Restrictions.
A. Easements
for installation and maintenance of roadways, utilities, water wells, irrigation
ditches, drainage facilities, recreational pathways, or other use may be
established through deed conveyances, deed reservations, placement upon the
recording of a survey or record of survey, through easement agreements, or
through a combination thereof, at the election of the Declarant. Subject to the
limitations and conditions set forth in this Declaration, or any document which
establishes such easements or use, each Owner of a tract shall have the non-exclusive
right to use and enjoy such easements. Declarant
expressly reserves the right to grant easements or uses in the same location as
the non-exclusive easements or uses are granted to any Owner of a tract for any
purpose so determined by Declarant, for the benefit of any or all lands
described in Case File 97-12, as well as any other lands, persons or entities
as Declarant may desire in Declarant’s sole discretion.
B. Except
as specifically provided in the document creating the easement, no structure,
gate, fence, planting, or other material shall be placed or permitted to remain
in any easement which might damage or interfere with the use of the
easement. Weed control within any
easement shall be the responsibility of the Owner upon whose property such
easement lies.
No
grazing of roadway easements or recreational pathway easements, if any, by
livestock of any type shall be allowed, except with the prior written consent of
the Declarant.
C. When
roadway easements or utility easements or
recreational pathway easements are situated at or on property boundaries, the
applicable set‑back distances shall be determined from the easement
boundary nearest to the structure to be constructed, rather than from the
property lines.
D. Roadways
are intended for the non-exclusive use of Declarant, Trail Run™ Area
1 owners or residents, their guests, and persons or entities to whom Declarant
has granted, or may in the future grant, easements or use. Any use of Trail Run™ Area 1
roadways by non‑licensed drivers operating motorized vehicles is
prohibited. Any use of Trail Run™
Area 1 roads by anyone operating a non‑licensed vehicle which was
originally a titled vehicle is prohibited.
E. Recreational
pathways, if any, are intended for the non-exclusive use of Declarant, Trail
Run™ Area 1 owners and residents and their guests when accompanied
by Trail Run™ Area 1 owners or residents, and persons or entities to
whom Declarant has granted, or may in the future grant, easements or use. Use of Trail Run™ Area 1
recreational pathways is restricted to bicycles, pedestrians, and horse
riders. Pathways may be signed
accordingly. A respect for the private
property rights of Owners adjacent to the recreational pathway is expected.
F. Utility
easements are intended for the non-exclusive use of Declarant, Trail Run™
Area 1 owners and residents and persons or entities to whom Declarant has
granted, or may in the future grant, easements or use.
G. Nothing
in this Declaration shall be construed as allowing Trail Run™ Area 1
owners and residents any rights whatsoever to grant to members of the general public
access to public or private lands which are adjacent to Trail Run™
Area 1. Easements or use of easements
does not grant to any Trail Run™ Area 1 owner or resident any right
to enter public or private lands which are adjacent to Trail Run™
Area 1 with a motorized vehicle.
Easements or use of easements do not grant the right to enter public and
private lands which are adjacent to Trail Run™ Area 1with the intent
to hunt or discharge firearms. Easements
or use of easements does not grant the right to enter adjacent private lands
for any other purpose, except as Declarant may in the future authorize in writing.
7. Utilities.
Construction of utilities will be according to the provisions of Case File
97-12. Utilities present at date of
this Declaration will remain as non-exclusive appurtenances to the lands in
Trail Run™ Area 1, in their present form and location. It is the
responsibility of Trail Run™ Area 1
Owners to extend utilities from the present location of such utilities to
Owners’ points of use. Any cuts into
or across any roadway or recreational easement or utility easement shall be
backfilled and compacted sufficiently to restore the road or easement surface
to the grade and condition which existed prior to the cut. Any cut not so restored by Owner within ten
(10) days after first being made, may be so restored by the Association and the
cost thereof assessed against the responsible Owner.
8. Existing Wells, Irrigation, Drainage.
Unless otherwise expressly provided in a separate
written agreement, deed or conveyance, [BS2]Declarant
reserves all rights to existing wells in the area, whether permitted for
irrigation, domestic use, or stock water, together with the right of ingress and
egress to such existing wells, the right to change the place of use or type of
use of such well(s). Declarant reserves
the right to use all natural drainage courses, ponds or lakes on property
within Trail Run™ Area 1 for the purpose of conducting surface water
that may accumulate or that may drain from other property.
9. Division and Ownership of Land
Including Common Elements.
No tract in Trail Run™
Area 1 shall be further divided by any Owner.
Each
tract must be conveyed or encumbered only as a constituent unit.[BS3]
Declarant expressly reserves the right in Paragraph 6
to grant easements and use on the roadway, utilities, recreation pathways and
other easement areas, to other persons and entities, and for the benefit of
other property. No Owner shall grant a
right-of-way or easement across any tract for the purpose of providing ingress
and egress to any other property.
[BS4]10. Structures;
Plan Approval, Construction, Occupancy.
A. At
least thirty (30) days prior to applying for a building permit, or the
commencement of construction of any building or improvement, plans must be
submitted to Declarant and written approval of the structure to be constructed must
be obtained. Approval by Declarant will not
be unreasonably withheld; however; all structures must conform with the
building standards stated herein. Plans
may include simple site plans and drawings as necessary to obtain local
building permits, but must also include sufficient detail with drawings and
plans for the Declarant to determine Owner’s compliance with the building
standards stated herein. Owner shall not
deviate from the approved plans unless such additions or alterations have been
approved, in writing, by Declarant.
B. The
construction of all structures shall be pursued diligently to completion and
shall be completed within twenty-four (24) months from date of commencement of
construction. The construction site
shall be kept in a neat, orderly and safe condition. Any exceptions require the written consent of
Declarant.
C. The
residence may be constructed prior to the construction of other buildings or
improvements, or may be constructed concurrently with construction of other
buildings or improvements. However, no
non-residential building or improvement shall be constructed prior to the
construction of a residence. During the
period of construction of the residence, only temporary non-residential structures
shall be permitted on the tract and shall be removed within thirty (30) days of
completion of the residence. No
temporary or mobile residential dwelling of any kind shall be used as a
dwelling on-site during construction of the residence.
D. Occupancy
of a residence is not permitted until the Owner demonstrates to Declarant that
the structure is substantially completed in conformance with the plans and
drawings, including any additions or alterations, approved by Declarant. Items necessary for residence completion
shall include, but are not limited to, the following: All backfill and grading, connection to
electric utility, connection to a registered well and connection to a
state-approved sewage disposal system.
E. Owner
must comply with all applicable zoning and building codes and acquire all
necessary permits from agencies have jurisdiction over the construction of any
building or improvement.
11. Home Office.
To the extent allowed by applicable
zoning regulations, an Owner may conduct a home occupation or home office which
shall be an integral part of the residence.
There shall be no offensive noise, vibration, smoke, dust, odors, heat,
and /or glare caused thereby. The home
office shall not cause undue traffic in Trail Run™ Area 1. The tract shall not be used for commercial,
industrial, public facility or illegal purposes.
12. Single Family Residence.
Each tract shall be used for single
family residential purposes only. Lease
or rental of a residence is allowed. The
Owner shall, at all times, be responsible for the lessee’s or renter’s
compliance with these covenants, conditions, and restrictions and Association
bylaws. A retirement or part-time
residence is acceptable.
13. Residence.
There shall be one principal
building on each tract which shall be the residence. Only new construction or alteration of
existing construction will be permitted.
14. Residential Building Standards.
Residential buildings will be
subject to the following criteria to ensure compatibility within the
neighborhood and to enhance the attractiveness of the residential area to
adjoining agricultural and recreational areas.
A. Manufactured
Homes. Manufactured homes will be
allowed in the Trail Run™ Area 1 which meet, at a minimum, the
standards described in Paragraph 14.b. herein.
The construction of manufactured homes will conform to the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.
5401 et seq., and all subsequent amendments, as well as manufactured home
construction and safety standards outlined in
the
current regulations of the U.S. Department of Housing and Urban Development (24
CFR Chapter XX, Part 3280) and any subsequent amended regulations which are at
least as stringent as those currently in effect.
Only new manufactured homes
which have manufacture dates within twelve (12) months prior to the date of
issuance of a building permit shall be allowed.
B. Standards
Applicable to both Manufactured Homes and Site‑Built Homes.
1. Each residence shall be new and
constructed with new materials unless Declarant approves, in writing, the use
of alternative materials.
2. Each residence must be able to resist a
minimum wind load of eighty‑five (85) miles per hour.
3. Each residence must be able to support
a minimum snow load of thirty (30) pounds per square foot.
4. The maximum height of the residence
shall not exceed thirty (30) feet above the high ground side of the home at
finished grade.
5. Each residence must meet the following
minimum design requirements:
(a) The size of the above‑grade main
level living area plan (excluding breezeways, porches, patios, garages,
carports, decks, and terraces), shall be not less than 1400 square feet.
(b) Eighty percent (80%) of the above‑grade main level
living area must be of a width of 28 feet or greater.
6. Each residence shall be placed on and
attached to a permanent, full perimeter poured concrete foundation, regardless
of structural design or interior structural support.
7. The exterior walls of each residence
shall be a minimum of six (6) inches in thickness.
8. Siding material will consist of wood or
wood products, stucco, brick, rock, lap steel, lap aluminum or lap vinyl. One or a combination of these materials must
be used to permanently cover the exterior of the house, including exposed
foundations or basement walls. The
exterior color(s) of the residence shall be neutral tones or earth tones and
must blend aesthetically with the surrounding area as determined by
Declarant. Any material used to finish
the lower perimeter of the residence must be able to withstand the effects of
wind, soil, decay, rodents, and termites.
9. Each residence will have a pitched
roof, with a roof slope of not less than a four (4) inch vertical rise for each
twelve (12) inches of horizontal run.
Roofing materials shall be tile, slate, T-lock, asphalt shingles or
baked on enamel metal roofing, all of which, including color, must be approved
by Declarant.
10. Each residence will have a roof overhang
that extends not less than sixteen (16) inches horizontally outward from the
exterior walls, not including rain gutters.
11. Each
residence must have, at a minimum, one of the following two features:
(a) an attached garage, the design of which
alters the structure’s roof line and/or which results in the structure’s
footprint being other than a simple rectangle; or
(b) a main level design which results in the
structure’s footprint being other than a simple rectangle.
12. The residence must have, at a minimum,
five (5) of the following nine (9) features:
(a) walk out basement
(b) a second story living level
(c) windows in each above ground wall
(d) dormers
(e) shutters
(f) bay windows
(g) horizontal siding or log siding
(h) porch
(i) deck
13. The following home designs or
construction types are specifically not allowed:
(a) A‑frame homes
(b) Earth Birm homes
(c) Basement or below‑grade homes
(d) Envelope Homes
(e) Geodesic Homes
(f) Homes using wall framing other than
wood or steel
(g) Any other manufactured homes or site‑built
homes not meeting standards set forth herein.
15. Temporary Structures.
Except as provided in Paragraph 10.C.,
no temporary structures of any sort shall be placed on any tract.
16. Non-Residential Buildings.
A. There
shall be no more than four (4) non-residential buildings per tract.
B. All
non‑residential buildings must be made of new materials, well‑constructed,
neat‑appearing and designed either with color and materials matching the
residence or with contrasting neutral tones or earth tones and materials which
blend aesthetically with the surrounding area. Exterior walls must be vertical. The total square footage of open‑sided
buildings such as loafing barns, shaded storage, or carports must not exceed
fifty percent (50%) of the total square footage of fully‑enclosed non‑residential
buildings, whether attached to fully‑enclosed buildings or not. Fully‑enclosed buildings must exist on
site before the construction of open‑sided buildings; however, fully‑enclosed
buildings with an attached open‑sided building meeting the above
requirements can be constructed concurrently.
The height of non‑residential buildings must not exceed twenty‑five
(25) feet from the high ground side of the structure. No other structure of any kind may exceed
thirty (30) feet in height. For any
structure which may house livestock, other than household pets, the applicable
set‑back lines shall be increased by 150 ft.
17. Set Back Requirements.
A. The
residence shall be located at least one hundred (100) feet from the roadway
easement boundary nearest the structure and fifty (50) feet from adjacent
property lines.
B. Non-residential
buildings shall be placed no closer than fifty (50) feet from a residence and
shall be located at least one hundred (100) feet from the roadway easement boundary
nearest the structure and fifty (50) feet from adjacent property lines.
C. When
roadway easements, utility easements, or recreational pathway easements are
situated at or on property lines or adjacent property lines, the applicable
building set‑back distances shall be determined from the easement
boundary nearest the structure to be constructed rather than from the property
lines or adjacent property lines.
18. Fencing - Livestock and Pet Control.
A. Common
laws or common practice notwithstanding, Trail Run™ Area 1 is
declared to be a “fence‑in” area with landowners having the
responsibility of “fencing in” or
otherwise controlling any livestock or pets of any kind within their premises
at all times. The control of livestock
and pets shall also specifically include, but is not limited to, controlling
loud or continued noise. Where there is
an easement located on a tract for a roadway, utility or recreational pathway,
any new fences shall be built on the boundary of any such road, utility or recreational
pathway easement rather than the property line.
B. All
new fencing shall conform with stipulations and agreements in Case File 97‑12.
19. Horses
and Livestock.
A. Any
livestock, including horses, maintained on the premises must have adequate
shelter, either as fully enclosed buildings or loafing sheds, so as to reasonably house the animals for sustained periods of
time. The number of animals shall not be
greater than an aggregate number of ten (10); the maintenance and number of
animals shall comply with applicable zoning regulations, and if the applicable
zoning regulations provide for a lesser number than ten (10) animals, then such
regulation shall apply.
B. No
pigs or hogs are allowed.
C. No
more than 1) three dogs and 2) three cats will be allowed and must be contained
and not allowed to run at large at any time.
Litters of dogs and cats may be maintained only until the age of three
(3) months, at which time disposition must be made of the excess animals.
20. Noxious Weed Control.
Each landowner shall be responsible
for control of noxious weeds so as to avoid the spread of these plants within the tract or to adjacent
properties. Control practices may be determined by agencies with jurisdiction
of noxious weeds.
21. Vehicle, Equipment, and Materials
Storage.
A. Declarant
encourages parking and storage of vehicles, equipment, and materials inside of buildings.
B. Motorized
vehicles and equipment stored or parked outside of buildings, including
tractors and any all terrain vehicles, shall be limited to a total of four (4) in
number.
C. Any
motorized vehicles to which original vehicle titles were issued must be currently
licensed if stored outside of buildings.
D. Non‑motorized
vehicles and equipment parked outside of buildings, including, but not limited
to, trailers and farm equipment, shall be limited to a total of four (4) in
number.
E. No
building materials of any kind shall be
stored outside, except during a period of construction.
F. Any
equipment or materials of any kind used for the transportation of manufactured
housing to the site must be removed within thirty (30) days of the date of
arrival of the manufactured housing at the tract.
22. Fires and Burning.
No burning or open fires are
permitted, except the burning of brush
and weeds with the prior written approval of the Association.
23. Exterior Lighting and Security Lighting.
Any exterior or security lighting
shall be equipped with shades to minimize horizontal lighting or view of the
light by others.
24. Communication Towers and Antennas.
No structure may be erected nor
activity take place which impairs the communication or communication privacy of
others in the area. Communication towers
and antennas shall not exceed thirty feet in height.
25. Storage Tanks.
Tanks used in connection with any
residence or non-residential building, including tanks for storage of gasoline,
diesel, fuel oil, and propane, shall be screened by adequate plantings or
fencing. The plantings or fencing shall conceal
the tanks from neighboring properties, roadways and persons using recreational
pathways. No elevated tanks of any kind
are permitted.
26. Firearms.
The use or discharge of firearms is
not allowed at any time on any tract or easement.
27. Sewage Treatment.
Each tract owner shall provide a
private sewage disposal system. The
sewage disposal system must be permitted in conformity with law and must be
constructed and completed in accordance with State of Wyoming and Carbon County
standards.
28. Solid Waste Disposal.
No rubbish, debris, ashes, junk or
trash of any type, or hazardous waste or materials, shall be placed or
permitted to accumulate on any tract or easement and must be kept within a
building or dumpster until properly disposed of. No solid waste may be buried or burned, and
all solid waste must be taken to the landfill or otherwise disposed of by a
solid waste disposal company.
29. Preservation of Lands.
Landowners shall not over-graze or
ruin the natural vegetation on any tract in any manner or engage in activities so
as to cause erosion or cause the tract to be aesthetically displeasing. A lawn, garden, or tree windbreak is
acceptable. Any land that is disturbed
during construction must be reclaimed immediately following construction.
30. Lot Owner Access.
Each Landowner must provide his own
access to his tract and his own culvert(s) in the access if necessary. The culvert shall be a minimum of twelve
inches (12") in diameter, or a greater size if required by the Declarant,
and a minimum of twenty feet (20') in length, or a greater length if required
by Declarant. The Owner of the tract
must keep the culvert(s) in Owner’s access open, free of restrictions to the
flow of water, and clear of trash and debris.
31. Telephone.
Telephone cable will be supplied and
buried within the utility easement. Each
tract owner will be responsible for the installation and burial of telephone
line from the utility easement to the residence and other buildings.
32. Electricity.
Electricity will be supplied through
a main and a branch on the boundary of each tract. Each tract owner will be responsible for the
installation and burial of an electrical supply line from the tract boundary
line to the residence and other buildings.
Each tract must have a connection made to the main electrical supply and
meter installed by Carbon Power and Light or its successor within two (2) years
after the tract is first purchased by Owner.
33. Signs.
No signs of any kind, including
signs to identify Owners and Owner’s “for sale” signs, shall exceed 6 square
feet in size, except for the entrance sign to Trail Run™ Area 1 and
temporary realtor’s advertising signs for Trail Run™ Area 1 and any properties
described in Case File 97-12. Signs must
blend aesthetically with the surrounding area.
34. Fire Safety and Emergency Requirements.
The access road to the tracts is
also the road for fire apparatus and emergency vehicle access. Approved addresses shall be placed by
Landowners on all tracts in a manner which is plainly visible from the access road.
35. Excavation and Mining.
No excavation of any kind, including
that for stone, sand, gravel or earth, shall be made on any portion of any tract,
except for construction excavation. No
oil drilling, oil development operation, quarrying, or mining operations,
including, but not by way of limitation, strip mining, of any kind shall be
permitted on the tract.
36. Nuisance.
No noxious or offensive activities
shall be carried on upon any tract or within any easement. Nothing shall be
done, tolerated, or suffered on any tract which may become an annoyance or
nuisance to other Landowners or Declarant.
Fireworks or any high noise level activity shall not be permitted.
37. Association of Landowners
A. The
Trail Run Landowners Association, Inc., a Wyoming non-profit
corporation, hereinafter called “Association,”
shall be comprised of owners of tracts in Trail Run™ Area 1
and the owners of other lands described in Case File 97-12 which lands are
located in Sections
13, 14, and 15, Township 15 North, Range 83 West of the 6th P.M. [BS5]
B. Tract
owners automatically become members of the Association upon purchase of a tract
and shall remain a member during the period of ownership.
C. The
Association shall have rights and administrative responsibilities as detailed
in Case File 97‑12. In addition,
the Association shall have such other powers or duties (a) as may be delegated
in writing from time to time by the Declarant, or (b) as may be surrendered by
the Declarant, their personal representatives, heirs, successors or assigns, in
writing or (c) as the administration of the Trail Run™ Area 1 and
other lands which may in the future expressly be made subject to this
Declaration.
D. The
Association and its members have the right to enforce the covenants, conditions
and restrictions as applicable to the property described in Paragraph 1 which
is subject to such covenants, conditions, restrictions, and Association
bylaws. After two-thirds of the tracts
in Trail Run™ Area 1 are owned by persons or entities other than
Declarant, the Association will meet and elect officers and establish their
procedures. The Association may
undertake litigation against any tract owner who does not comply with the
covenants, conditions, restrictions, and Association bylaws.
E. One
(1) vote is granted for each forty (40) acres of land owned in Trail Run™
Area 1, regardless of the number of owners and one (1) vote is granted for each
forty (40) acres of land owned to the owners of other lands described in Case
File 97-12 which are located in Sections 13, 14, and 15, Township 15 North,
Range 83 West of the 6th P.M.
A tract owner’s right to vote may be suspended by the Association during
such time as the owner of a tract is in violation of the provisions of this
Declaration, the Association bylaws, or has failed to pay any assessment made
by the Association.
F. The
Association shall accept as part of the Association, upon the written request
of Declarant, all or any part of the property located in Section 13, 14, and
15, Township 15 North, Range 83 West of the 6th P.M., which is in
the future expressly made subject to this Declaration.
38. Bylaws of Trail Run Landowners
Association.
A. Bylaws
for the administration of the Trail Run Landowners Association, Inc., and the
common elements, and for other purposes not inconsistent with the terms or
intent of this Declaration and Case File 97-12, shall initially be adopted by
Declarant and may thereafter be amended by a two-thirds (2/3) vote of those
entitled to vote as described in Paragraph 37.E. Notice of the time, place, and purpose of
such meeting shall be delivered to each member of the Association at least ten
(10) business days prior to such meeting.
B. Initially,
Declarant, as managing agent, shall have the exclusive power and authority to
exercise all management functions for the common elements and common funds and
the exclusive power to exercise all the rights, duties and functions of the
Association, including, but not limited to, enacting reasonable administrative
rules, contracting for required services, property and insurance, and
collecting and expending all assessments and Association funds. This requirement is made in order to insure
that the common elements will be adequately administered in its initial
phases. Subject to the other provisions
of this section, administration of the Association may be by an initial Board
consisting of three (3) members appointed by the Declarant. This Board shall elect a president and secretary-treasurer
from among its members. The president of
the Association shall preside over meetings, and shall have one vote on all
issues. However, when two-thirds (2/3)
of the tracts in Trail Run™ Area 1
are owned by persons or entities other than Declarant, such power shall
vest in the Association, but the Association may delegate all or any portion of
such power to a manager, managing agent, or an officer of the Association, or
in such manner as may be provided in the Bylaws of the Association.
C. The
Bylaws shall include provisions identical to those provided in this Declaration,
and may contain supplementary, but not inconsistent provisions regarding
management, provisions for quorum, ordering of meetings and such additional
matters regarding the operations of the Association as may be required for the
proper administration of the Association and the common elements.
39. Authority of the Trail Run Landowners
Association, Inc.
A. The
Association shall enforce the provisions of this Declaration and the bylaws,
shall have all powers and authority permitted to the Association under this
Declaration, shall be the grantee and holder of the non-exclusive easement for
the road and utilities in Trail Run™ Area 1, shall have the exclusive
authority to manage, maintain, repair and improve the easements, common
elements, conduct Association operations, and the authority to make the assessments
as provided herein. The Association
shall also have the exclusive authority to acquire and pay for, out of the
common expense fund as hereinafter provided, all goods and services requisite
for the proper functioning of the Association, including, but not limited to
the following:
1. Road
maintenance, improvement, and snow removal, recreational pathway maintenance
and improvement, utility easements maintenance and improvements, and the maintenance
and improvement, as required, for the common elements.
2. The services of such personnel the
Association shall determine necessary or proper for the maintenance,
improvement and operation of the common elements, whether such personnel are
employed directly by the Association, contracted or are furnished by the
manager, managing agent, or Declarant.
.
3. Legal
and accounting services for the operation of the Association, administration of
the common elements, or the enforcement of this Declaration or Association bylaws.
4. Any
other materials, supplies, labor, services, maintenance, repairs, structural
alterations, insurance, taxes or assessments which the Association is required
to secure by law or which in its opinion shall be necessary or proper for the
operation of the Association or the operation, maintenance or improvement of
the common elements or for the enforcement of this Declaration or Association bylaws. Provided, however, if for any reason such
materials, supplies, labor, services, maintenance, repairs, structural
alterations, insurance, taxes or assessments are provided for the benefit of a particular
tract or owner as opposed to the general benefit of all tracts, the cost
thereof shall be specially assessed to the particular tract and its owners. Such assessments shall be due and payable
within ten (10) days of such assessment and if unpaid when due shall bear interest
at the rate and in the manner provided in Paragraph 40.D.
B. During reasonable hours, the Declarant,
or officers of the Association, or any authorized representative of them, shall
have the right to enter upon and inspect any tract, building, site, or
improvement for the purpose of determining whether the covenants, conditions,
restrictions or Association bylaws are being complied with and such persons shall
not be guilty of trespass by reason of such entry.
C. Nothing
contained herein shall be construed to preclude the Association from ceding or
inviting jurisdiction for traffic regulation and control to the public agency
having jurisdiction over the adjacent public roadways.
40. Common Expenses, Establishment,
Assessment.
A. Within
thirty (30) days prior to the beginning of each calendar year, the Association
shall estimate the net common operating expenses for road maintenance and
improvements, snow removal, recreational pathway maintenance and improvement
and any utility service maintenance and improvement as required for the common
elements, additional capital improvements which have been approved by a two-thirds
(2/3) vote of those entitled to vote as described in Paragraph 37.E., and
general maintenance of the common elements for the ensuing year. A reasonable provision for contingencies, replacement
and acquisition, operating reserves and payment for any goods, services or
expense requisite for the proper functioning of the Association, may also be
included in the estimate. The
Association may determine any expected income and any surplus available from
the prior year’s operating funds. The
Declarant or initial Board, may at any suitable time establish the first such
estimate.
B. The
estimated or budgeted operating requirement reasonably attributable to Trail
Run™ Area 1 shall be assessed to tracts in Trail Run™
Area 1 by dividing the total estimated or budgeted amount by the total number
of tracts in Trail Run™ Area 1.
C. If the
sum estimated and budgeted at any time proves inadequate for any reason,
including nonpayment of any owner’s assessment, the Association may at any time
levy a further assessment, which shall be assessed to the owners in like
proportion.
D. Each
owner shall be obligated to pay assessments made pursuant to this paragraph to
such person or agent as may be designated by the Association in one annual
installment which shall be due on or before the first day of February of each
year, or in such other reasonable manner as the Association shall designate in
writing. Any unpaid assessments or
installments shall bear interest at the rate of eighteen percent (18%) per
annum from the due date specified herein, or by the Association, until
paid.
E. After
the time the Declarant’s authority hereunder ends, the proposed budget shall be
referred to the annual meeting of the Association. Subsequent changes among budget items
necessary during any year may be approved by the Association, and the
Association may levy such special assessments on the tracts in Trail Run™
Area 1 as it determines necessary. To
the extent land in addition to that described in Paragraph 1 may hereafter specifically
be made subject to this Declaration, the Association may levy such special
assessment on that land as deemed necessary.
F. All
funds collected hereunder shall be expended for the purposes designated in the
Declaration, bylaws or according to law.
G. The
omission by the Association to fix the estimated assessments hereunder for any
year shall not be deemed a waiver or modification in any respect of the
provisions of this Declaration, or a release of the Landowner from the
obligation to pay an assessment or any installment thereof for that or any
subsequent year. In that event, the
assessment last fixed shall continue until a new assessment is established.
H. The
Association shall cause to be kept detailed records of the receipts and
expenditures of the Association, specifying and itemizing the maintenance and
repair expenses of the common elements and any other expense incurred. Such records shall be available for
examination by any member of the Association or his agent during work days, at a
convenient time and place upon reasonable prior written notice to the
Association.
41. Assessments: Notice of Indebtedness, Lien, Default in
Payment of Assessments, Collection, Foreclosure, Notice of Obligation.
A. Each
assessment and each special assessment shall be the joint and several personal
debt and obligation of the tract owner or owners and contract purchasers of
tracts as of the time the assessment is made.
The amount of any assessment, whether regular or special, assessed to
the owner and/or purchaser of any tract, plus interest at the rate provided
herein if the assessment or any interest is overdue, and costs, including
reasonable attorney’s fees incurred in enforcement or collection, together with
any court costs or other expenses incurred, shall be a lien upon such tract, as
well as the personal obligation of the owner.
The lien shall have priority over all other liens and encumbrances,
recorded or unrecorded, except that such priority shall be limited as provided
herein. Suit to recover a money judgment
for unpaid assessments or installments shall be maintainable without
foreclosing or waiving a lien securing the same.
B. A
certificate executed and acknowledged by Declarant or the president of the
Association or an authorized agent thereof, stating the indebtedness for
assessments secured by the assessment lien upon any tract, shall be conclusive
upon the Association and the Landowners as to the amount of such indebtedness
on the date of the certificate, in favor of all persons who rely thereon in
good faith. Such a certificate shall be
furnished to any Landowner or any encumbrancer of the tract within a reasonable
time after request, in recordable form if so requested, at a reasonable
fee. Unless otherwise prohibited by law,
any encumbrancer holding a lien on a tract may pay any unpaid assessment
payable with respect to such tract, and, upon such payment, such encumbrancer
shall have a lien on such tract for the amounts paid of the same rank as the
lien of his encumbrance.
C. In
the event that any assessment, special assessment, or installment thereof is ten
(10) days or more overdue, the Declarant, the president of the Association, or
an authorized agent thereof, may initiate an action to foreclose the lien of
any such assessment. In any action to
foreclose a lien against any tract for nonpayment of assessments, any judgment
rendered against the Landowners of such tract shall include a reasonable sum
for attorney’s fees and all court costs and other expenses reasonably incurred
in preparation or in the prosecution of said action, in addition to any costs
permitted by law.
D. The
remedies provided are cumulative and the Association may pursue them
concurrently and may also so pursue any other remedies which may be available
either at law or in equity although not expressed herein.
42. Mortgage Protection.
Notwithstanding all other provisions
hereof, the liens created under this Declaration upon any tract for assessments
shall be subject to the rights of the secured party in the case of any
indebtedness secured by a recorded mortgage or deed of trust upon the tract
which were made in good faith and for value and recorded prior to the lien
created under this Declaration. A
mortgagee or deed of trust beneficiary which obtains possession of a tract as a
result of foreclosure or sale under deed of trust and his successors and
assigns shall not be liable for assessments arising prior to such possession,
but will be liable for the assessments accruing after such possession including
the tract percentage share of the unpaid assessment. No amendment of this Declaration shall be
effective to modify, change, limit, or alter the rights expressly conferred
upon mortgagees or deed of trust beneficiaries in this instrument, with respect
to an unsatisfied mortgage or deed of trust duly recorded prior to a lien
created under this Declaration unless
the amendment shall be consented to in writing by the holder of such mortgage
or the beneficiary of such deed of trust.
43. Failure of Board to Insist on Strict
Performance; No Waiver.
The failure of the Association in
any one or more instances to insist upon strict performance of any of the
terms, covenants, conditions or restriction of this Declaration, or of the Association
bylaws, or to exercise any right or option contained in such documents, or to
serve any 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, but such term, covenant, condition or restriction shall remain in
full force and effect. The receipt by
the Association of any assessment from a Landowner with knowledge of any such
breach shall not be deemed a waiver of such breach, and no waiver by the
Association of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by the Association. This section also extends to the Declarant
exercising the powers of the Association during the initial period of operation
of the Association, and the Managing Agent, if any, who shall similarly not be deemed
to have made any waivers unless given in writing.
44. Limitation of Liability.
The Association, Declarant, and the
owners individually or as a group (except that an individual owner may be
liable for his intentional actions or individual negligence when not acting for
the group but acting on his own account), shall not be liable for any failure
of any utility or other service to be obtained and paid for or for the
maintenance or failure to maintain or improve the roadways or recreational
pathways or for the snow removal or failure to remove snow, or for any injury
or damage to person or property caused by the elements or due to any other
cause. This section also extends to the
protection of the Declarant exercising the powers of the Association. This Section shall not abrogate, however, the
responsibility of the Association to maintain and repair the common elements as
provided herein at common expense.
45. Indemnification of Board Members.
The Declarant, each board member and
officer of the Association shall be indemnified by the Landowners against all
expenses and liabilities, including attorney’s fees, reasonably incurred by or
imposed in connection with any proceeding to which he or it may be a party, or
in which he or it may become involved, by reason of being or having been the Declarant,
board member or officer of the Association or any settlement or judgment
resulting therefrom, whether or not he is the Declarant, board member or
officer of the Association at the time such expenses or liabilities are
incurred, except in such cases wherein the member of the Association is
adjudged to have engaged in intentional and willful misfeasance or malfeasance
in the performance of his duties. This
section shall extend to and apply also for the indemnification of the Declarant
during the initial period of operation of the Association and the
indemnification of Declarant’s Managing Agent, if any.
46. Enforcement and Severability.
A. Enforcement
of these covenants, conditions and restrictions shall be by proceedings at law
or in equity against any person or persons violating or attempting to violate
these covenants, conditions. restrictions, and Association bylaws, either to
restrain the violation or to recover damages or both. The proceedings may be
initiated and prosecuted by the Association, any person owning property within
Trail Run™ Area 1 or other property described in Case No. 97-12
which is located in Sections 13, 14, and 15, Township 15 North, Range 83 West
of the 6th P.M.
B. Violations
or proceedings may be recorded on the land records pertaining to the owners of
tracts which are in violation.
Privileges may be suspended until the violation is corrected and abated.
C. Each
and every covenant, condition, restriction, and reservation contained herein
shall be considered to be an independent and separate covenant, condition,
restriction and reservation. In the
event that any one or more of such covenants, conditions, restrictions, and
reservations shall for any reason be held to be invalid or unenforceable, all
remaining covenants, conditions, restrictions and reservations shall
nevertheless remain in full force and effect.
Invalidation of any one of these covenants, conditions, restrictions and
reservations by judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the
undersigned, being the Declarant herein, this _____ day of ___________________,
2002.
___________________________________
William
R. Saulcy, Jr.
___________________________________
Judith
Jean Saulcy
STATE
OF WYOMING )
:ss
COUNTY
OF CARBON )
The foregoing instrument was
subscribed to and acknowledged before me by William R. Saulcy, Jr., and Judith
Jean Saulcy, this ______ day of __________________, 2002.
Witness my hand and official seal.
__________________________________
Notary
Public
My commission expires:
____________________.