DECLNlflliON OF COVENANTS, CONDlTIONS AND RESTRICTIOHS OF 1H( ALDER VIEW SUBDIVISION KOMEOWNER'S ASSOCIATION, INC.

Transcription

1 DECNlflliON OF COVENANTS, CONDlTIONS AND BOOK ~3 PAGE~ -\ RESTRICTIOHS OF 1H( ADER VIEW SUBDIVISION KOMEOWNER'S ASSOCIATION, INC. The State of Alaska, through the Division of Forest, ana and Wdter 11anagement, of the Department of Natura I Resources, hereafter "the Dee 1ar ant," is the owner of certain real property located in the Hatanuska-Susitna Borough, Alaska 'rihich is more par-t icu l er l.y described as follows: Alder View SubdivisIon, i\ss , within section 5 of i.21n., R.9~1., section J of T.2HI., R.10'I., section 24, 25, and 36 of T.22N., rnow., and section 30 and 31 of T.22N., R.9W., S.M., Al a sk a. The Oeclarant hereby declares that al I of the property described above shall be held, sold and conveyeu :>u:"ject to the following restrictions, covenane s. and conditions, which shall run with the real property and be binding on all the owners of parcels,;ithin the described properties or any part thereof, their heirs successors and assigns, and shall inure to the benefit of each owner thereof. ARTICE I Section 1. "As soc i et ion" means the Alder View flogleownel-'s I\ssociati(\n, its successors and ass i qns. Section 2. "Ownur" means the record owner or owners of il lot with1n t ne fllder View 5ubdivislon, a purchaser under contract with the De<:laran~, and the holder of a homesite entry authorization, excluding the Declarant and those having such interest or,erely as security for the performance of an obligation. Section 3. "properties" mco ns that certain real property hereinbefore described, dnd such additions thereto as may her~after be brought within the jurisdiction of the Associiltlon. ARTICE I I This association shall be incorporated under the n~mc of the Alder V1ew Homeowner's Association, tnc,; as a corporation not for _I

2 r BOOK~PAGE~ profit under tne laws of the Slate of 1\19~ka, This Homeowner's l\ssociat1on h est~bl IShed to build or maintain roads and related drailhge Impro~ements within the subdivision, maintain reserved or C.OlTrnonarea>, build or maintdin a sewer system within the subdivision, and to provide other necessary s er v tc e s until a unit of local government is able and wi\llng to a,sume responsibility of them. This Homeowner's Association shall have all of the powers set forth in the Articles of lncorporation, Bylaws, and this Declaration. ART! CE! J1 M owner of a per-c e l In!llder View s ubd iv Ision automat Ically becomes a menber of Alder View Homeowner's Associat Ion and is subject to tills Decloration, the Articles of Incorporation and the Bylaws promulgated by the Association. A11 sub seuuent owners of any par ce l within this Subdivision automatically become members of the Homeowner's Association and are subject to the Declaration, I\1't leles and By1 aws to the some extent cs an original member of the Association. Section 1. Creation of a ien and Persona' Obligation of!<sscssmcnt. E~ch owner of a lot within loe subdivision, by acceptance of a sale contract, deed or homes t t e entry permit, is deemed to covenant and agree to pay the association; (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be e s t eb l ished and co t l ec t ec as hereafter provided. The annual and special assessments, together with Interest, costs, and reasonable attorney's fees shall be a charge on the j and and shall be a cant inuing, ien upon the owner's interest ;n the property ilgainst wh ich e ech such assessment is made. Each such assessment. together wito interest. costs, and r e a s on ab l e attorney's fees, sha l ) ill '0 be the personal obligation of the I -

3 r ~rson who was the owner of 5uch property at the time when the assessment fell due. The personal obligation for del inquent assessments shall not pass to his 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 and maintenance of the Reserved or Common Areas wlthin the Subdivision and construction ~nd maintenance of capital improvements. Section 3. Speciol Assessments for Capital Improvements. In add Ilion to annual assessments, the As soc iat ion may levy a special ossessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement. Both annual and special e s ses smen t s must he fixed at d uniform r et e for.11 parcels and may be collected on a monthly basis. Section 4. Voting. All assessments levied by this Homeowner+ s IIssoclation must have "e assent of a majority of the owners of lots in the Subdivision. Section G. Notice of Mce~~. Written notice of any meeting called for tile pur po s e of taking assessments shall be sent by registered or certified mail to all owners not less than 30 days nor roore than 60 days in advance of the meeting. Section 6. Exempt Property. ~here the Declarant is the r ecor o owner of a parcel subject to homesite entry permit or land sale cuntractor~ the o5ses~nenl lien is upon the homesite permittee's or purchaser's interest In the parcel. There may be no liens upon the Declarant s interest in the per cel. Al1 properties owned by the Declarant which are not s ubj ec t to ~ sales contract or homesite entry permit, and.11 pruper t t es dedicated to, and accepted by, d local publ ie author i ty shall be exempt fr om the assessments created herein.

4 Article V Sec t ion 1. Enforcement The Association, 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. Failure by the Association Or by ~ny Owner to enforce any covonant or restriction herein contained shall in no event be deemed a waiver of the riqht to do so thereafter. Section 2. Severability. l nv al idat ion of anyone of these covenants or restrict Ions oy JUclyement 0, court order shall in no way affect any other provision which shall remain in full force and effect. Section J. ~~. The convenants and restrictions of this Declaration shall run with and bind the land for d term of twenty (20) years from the date this Declaration 1S recorded, after which time they shall be aut omet tc e l l y extended for successive periods oi (10) years. Tbt s Declaration may be amcnded by an ins t r unent, signed by not less than a majority of the ovner s of the lots in the suhd Ivis ion, Pny amendment must be recorded,.'-- Theodore G. 51n it h, 0 Irec tor Div i s ion of Forest. and and Water Management STATE OF AASKA s s, Third Judicial District THIS IS TO CERTIFY that this ~ day of Qc:/,,6 c 19.E/. before me personally appeared ll<""'''''f'q,.. 6.4dliilj of the Division of Forest, and and Water Management of the Department of Natural Resources of the State of Alaska, who executed the foregoing

5 BOOK t?; PAGE-'35. Declaration of Covenarn, Conditions and Restrictions of the Alder View Alaska Homeowner's Association and acknowledged voluntarily signing the same..c-': "",..."". \','. \. t:j\. " ~.':~~,J\'-'./ Notary Publ ic in and fo('-.the>~~.~~..~f::alaska ;.:.X.~I:.~.~'.,". ~ '.t'l C-:ur.:'.i ':;r- ~:'t"'f~~ IO\y Cornn t s s ion Expires:. c_".'_ _ _--_._\~_;J J