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This document is a supplement to the original protective covenants for Melody Ranch Residential Unit Two Second Filing, made by MRDN Corp, the successor to the original developer, Melody Ranch Development ILLC.
The original developer recorded a Declaration of Protective Covenants for Melody Ranch Residential Unit Two - Second Filing, which was recorded on August 4, 1999. MRDN Corp is the owner of Lots 49, 74, and 75 of said Melody Ranch Residential Unit Two Second Filing, which is encumbered by the original covenants.
MRDN Corp is further subdividing said Lots 49, 74, and 75 as Melody Ranch Residential Unit Two Fourth Filing to create 43 Category I Affordable (Attainable) lots.
All Owners who own or acquire the title in fee to any of the lands in the subdivision shall automatically become Members of The Meadows at Melody Ranch Homeowners Association, Inc.
All Owners shall be obligated to pay assessments imposed by the Association to meet the expenses of management, operation, and maintenance of the Subdivision.
Lots which are subject to Attainable Lot Restrictions under the Affordable Housing Program promulgated by Teton County, Wyoming and Teton County Housing Authority shall be subject to assessment as follows:
No buildings or structure shall be placed, erected, altered, or permitted to remain on any Lot other than:
The minimum floor area of any single- family residence shall be as set forth in Design Guidelines referred to in Paragraph 6.1.5, exclusive of any garage, carport or unenclosed porches or decks.
All improvement, construction, landscaping and alterations shall in addition conform to the Design Guidelines for Melody Ranch Residential Unit Two - Fourth Filing.
No dwelling houses shall be constructed on any Lot unless there is concurrently constructed on the same Lot adequate off- street parking areas for at least three automobiles.
All property within Melody Ranch Residential Unit Two Fourth Filing shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the provisions, covenants, conditions and restrictions of this Supplement. The original covenants and this Supplement shall run with the property and any lot thereof, and shall be binding on all parties having or acquiring any legal or equitable interest in or to the property. All sections of the Original Covenants not modified by this supplement shall remain unchanged and in full force and effect.
All covenants in this declaration will be a burden on the title to all lands in the subdivision. The benefits will apply to the owners of all lands in the subdivision and the owner(s) of the Benefiting Parcel.
The covenants in this declaration will end unless extended by amendment, on or before January 1, 2046, or at the time of final and intentional corporate dissolution of the Association, whichever comes first.
The declaration and/or the plat can be amended by the owners of 67% of the votes in the Association. A certified copy of any amendment resolution should be recorded in Teton County, Wyoming, within six months of the amendment date. If the declaration is amended, it will continue in effect as amended, for as long as stated in the amendment. No amendment or variance that is less restrictive than the provisions in certain sections will be effective unless consent is obtained from the Board of County Commissioners of Teton County, Wyoming.
If any part of the declaration is declared invalid or unenforceable by a competent court, such decision will not affect the validity of the remaining covenants.
The paragraph headings in this document are for convenience only and should not be considered part of the covenants contained herein.
This document was dated on the 28th day of July, 1999.
The Association has the authority to buy property insurance policies for the subdivision property, Agricultural Easement Area, Recreational Open Space Area, roads, easements, equipment, and any other property it considers necessary. It can also buy commercial general liability insurance for claims and liabilities related to the land shown on the Plat. The Association can purchase any other insurance policies it deems advisable.
If any Owner or Association employee controls or disburses Association funds, the Association must obtain and maintain fidelity insurance, provided it's reasonably available. The coverage should not be less than the total of two months' current assessments plus reserves, based on the Association's current budget.
Any person hired as an independent contractor by the Association to manage the Subdivision must maintain fidelity insurance. The coverage should not be less than the amount specified in Section 10.2, unless the Association includes such person as an insured employee in a fidelity insurance contract, as per Section 10.2.
The Association can carry more fidelity insurance than required in Section 10.2. It can also require any independent contractor hired to manage the Project to carry more fidelity insurance coverage than required in Section 10.2.
Premiums for insurance that the Association purchases, and other expenses related to such insurance, are considered common expenses.
The ARC reserves the right to initiate legal action to enforce the rules of this Declaration through injunctive relief. This right is also extended to all or part of the property owners. Furthermore, each property owner, the Benefiting Parcel, and/or the Association can also initiate legal action for injunctive relief and damages due to any violation of this Declaration. The Board of County Commissioners of Teton County also has the right to enforce the rules of this Declaration, particularly those that the Board has the right to approve amendments for, as outlined in Section 11.2.
If any construction, alteration, or landscaping work begins on any land in the Subdivision in violation of this Declaration, and no action is taken within 180 days to stop such violation, then injunctive or equitable relief will be denied. However, the option to seek damages remains open to any aggrieved party. This 180-day limitation does not apply to injunctive or equitable relief against other violations of this Declaration. No bond is required to be posted by any party seeking to enforce the rules of this Declaration against the owner of a Tract. All owners of Tracts waive the requirement of posting a bond in such action.
The Declarant reserves perpetual easements of five feet in width on each side of the boundary line along the entire perimeter of each Lot and all other easements described in the recorded Plat of the Subdivision. These easements are for the purpose of constructing, maintaining, operating, replacing, enlarging, and repairing electric, telephone, water, irrigation, sewer, gas and similar lines pipes, wires, conduits, ditches, fences and landscaping.
The Declarant reserves perpetual easements across all lands in the Subdivision along the line of all domestic water and sewer lines, irrigation ditches and laterals currently in existence and across all other lands in the Subdivision. These easements are for the purpose of constructing, maintaining, relocating, replacing and operating domestic water supply systems, sewer systems, or irrigation ditches and laterals for the proper irrigation of all meadow lands in and adjoining the Subdivision or located on any lots therein.
The Declarant reserves all lands within the benefiting parcel and the right to engage in any lawful development thereon, to conduct farming and ranching activities and to irrigate all meadow lands at all reasonable times, to build and to maintain fences and ditches and relocate the same from time to time and to go on all lots in the Subdivision for the purpose of carrying on such activities and irrigation of such meadow lands so as to preserve and maintain their natural beauty.
The Declarant reserves all lands within the Recreational Open Space and the right to engage in any lawful development thereon, to build and to maintain fences and ditches and relocate the same from time to time and to go on all lots in the Subdivision for the purpose of carrying on such activities and irrigating such meadow lands so as to preserve and maintain their natural beauty.
The Declarant reserves a perpetual, non-exclusive right to conduct farming, ranching and any other agricultural activities of every nature whatsoever thereon; to irrigate any or all lands thereon without, however, the obligation to do so and/or ranching activities of every nature whatsoever thereon; and to retain all crops and profits from such activities.
In addition to the easements and reservations set forth on the Plat, the Declarant reserves perpetual easements across all roads within the Subdivision giving access to the Lots, the benefiting parcel and recreational open space area in the Subdivision as shown on the Plat or as may hereafter be established by the Declarant. The Declarant also reserves the right to permit the use of said easements by owners of the Benefiting Parcel for purposes of access, ingress, egress and placement of utilities.
Unless allowed by local zoning laws or other relevant county regulations, no buildings, structures, or improvements should be placed, built, modified, or allowed to remain in any recreational open space area. This includes Lot 76, but allows for fences, ponds, irrigation structures, temporary and private roads for access to Lots in the Subdivision, public pathways, and recreational facilities. Utility installations are allowed along established or platted utility easements and other areas as determined by the ARC.
Trees or brush in these areas should not be cut or trimmed, natural areas should not be cleared, and natural vegetation, rocks, or soil should not be damaged or removed. Landscaping should not be performed unless first approved in writing by the ARC.
No temporary house, trailer, camper, boat, horse trailer, tent, construction materials, or other temporary or movable structure should be placed, built, or allowed to remain in any recreational open space area, except as part of lawful development.
No exterior lights, fixtures, or standards should be erected, installed, or allowed to remain on any lot, except as part of lawful development.
No Recreational Open Space Area may be leased to any person or association without the prior written permission of the ARC, except as necessary to fulfill the intentions and purposes expressed in Article 8. The Declarant reserves the right to deed the recreational open space to the Melody Ranch Improvement and Service District or Owners Association.
This document serves as the Declaration of Protective Covenants for Melody Ranch Residential Unit Two - Second Filing.
The common interest community created by this document is "Melody Ranch - Residential Unit Two." The intention is to develop and maintain the lands within the subdivision as a desirable rural residential area. The covenants aim to protect the natural beauty, growth, and native setting of the subdivision, along with the integrity and value of each home site.
The subdivision is considered a Planned Unit Development according to the Land Use Development Regulations and Resolutions of Teton County.
All property within the recorded plat of Melody Ranch Residential Unit Two - Second Filing will be subject to the following easements, restrictions, covenants, and conditions. These are intended to protect the value and desirability of the property.
The Declarant reserves the right to subject any additional Subdivision Filings for real property within the benefiting parcel to these Covenants. Inclusion of additional properties can be accomplished by recording a Declaration of Covenant describing the property and adopting these Covenants.
The property subject to these Covenants may be proposed for annexation by the Town of Jackson. All persons accepting a deed for a lot in the Subdivision will be deemed to have consented to annexation by the Town of Jackson.
An Improvement and Service District may be formed, known as Melody Ranch Improvement and Service District. This district may provide sewer, domestic water, irrigation water, snow removal, trash pick up, open space and landscape easement and maintenance services. All lot and residence owners within the property will be subject to the rules and regulations of the Improvements and Service District and shall pay all applicable fees, assessments and meter charges levied by the District.
Prior filings of the Melody Ranch Planned Unit Development include Melody Ranch Residential Unit One - First Filing, Second Filing, Third Filing, and Melody Ranch Residential Unit Two - First Filing. Each of these previous filings are subject to Covenants, Conditions and Restrictions similar to or identical with applicable provisions of the Covenants, Conditions and Restrictions set forth in this declaration. The intention is to treat each of the lots in previous four filings as one single residential community planned, subdivided and constructed in accordance with all of the applicable conditions and standards of the Melody Ranch Planned Unit Development Final Development Plan. The lot owners of Melody Ranch Residential Unit Two - Second Filing shall be members of the Meadows at Melody Ranch Homeowners Association.