Deer Springs Ranch Owners Association

Board of Directors

Minutes of meeting held March 25, 2006

St. George, UT

Board members present: Dale Clarkson, Larry Clarkson, Val Cram, Shawna Cox, Candace Bosze, Phillip Hall, Larry Walters

Others present: Barbara Button, Taylor Button, Larry Baer, Kent Lent, Joe Bosze, John Southwick, Brent Fullmer

Meeting was called to order by President Bosze at 9:10 AM.

The minutes of the meeting for February 18, 2006 were reviewed. It was noted that Ken Lent was also present at that meeting. Larry Clarkson moved the minutes be approved as amended. Shawna Cox seconded the motion. All approved.

Finance report:

• Barbara Button reported that the bank statements for the capital improvement account are not being received. Shawna will check with the bank to make certain they are being sent to the Ranch PO Box and will email Barbara and Candy with an update. Val Cram requested that all board members be included on the email.
• Current operating expenses were reviewed.  Brent Robinson charged the ranch $700 for gravel hauled from a pile that he had screened. These funds were reimbursed by the member involved. It was noted that Brent Robinson needs to pay the BLM royalty for this gravel since it is not being used on ranch projects. It was also noted that Mr. Robinson still has our squeeze chute at his ranch and that he deducted charges for breeding, vet work, pregnancy checks and hauling our animals to auction from his annual grazing fee. The total deduction was about $800. Concern was also expressed that he had kept his animals on the ranch into December and that he had too many animals on the ranch. Given that he is no longer a member of DSROA, it was decided to revisit his grazing contract at the next Board meeting.
• The accounts receivable aging report was reviewed. Phil Hall moved that notice of lien be sent to Jay Courage, Ace Halstead, Dan Oliver, Craig and Carol Roles and Larry Theobald. The letter should be sent by Barbara Button by the end of March with an indication that the lots will be liened 30 days later unless arrangements are made. Dale Clarkson seconded the motion. Vote: unanimous in favor.
• Shawna reported that the bank currently has Candy, Shawna, Barbara, Dale and Phil as authorized to sign checks. Larry Clarkson moved that all signature cards currently in place be nullified and that only Barbara Button, the Board President and the Board Treasurer be authorized to sign checks. Larry Walters seconded the motion. Vote: unanimous in favor.

Manager’s report:

• There will be a work meeting next Saturday to renovate the ranch house. The proposed plan is attachment A. These renovations are funded by member donations, all of which are greatly appreciated.
• There has been some road erosion as a result of the rain and snow.

Old Business:

• Mark and Shelly Pebley have been hired as the new ranch managers. They will start mid-April. Barbara has agreed to continue as manager until then.
• Production of the road signs is well underway. Samples were presented to the Board. Carl Durney cut the letters. Joe Bosze provided the sign material and Ken Lent is painting the signs. Thanks to all involved was expressed.
• Review of protective covenants. The board began to work through proposed changes in the protective covenants. All changes will need to be approved by the membership before becoming final.

The following language was approved to be submitted to the membership:

KNOW ALL MEN BY THESE PRESENT:

That this Amended and Restated Protective Covenants and Restrictions for Deer Springs Ranch (referred to herein as the “Protective Covenants”) amends, restates and supersedes the following:  (i)  Protective Covenants and Restrictions of Deer Springs Ranch Owners Association, a Planned Residential Development, dated November 24, 1981, Recorded December 2, 1981, as Entry No. 46443, in Book 071, at Pages 695-699; (ii) Supplemental Declaration dated June 21, 1997, Recorded April 23, 1998, as Entry No. 94028, in Book 0172, at Pages 766-770; (iii) any and all supplements, amendments and restatements to the foregoing, whether recorded or not.

These Protective Covenants affect the following real property:

All of Lots 1 through 305 and Common Areas according to the Official Plats for Phases A, B, C, D, E and F, Deer Springs Ranch on file in the records of the Kane County Recorder.

1. TERM.  Said Protective Covenants shall run with the land and shall be binding on each member and all parties and persons claiming an interest therein, including their successors or assigns, for a period of twenty (20) years from the date of recording of these Protective Covenants.  Upon expiration of the twenty-year period, these Protective Covenants will be automatically extended for successive ten (10) year periods unless amended or rescinded by a proper action of the Association.

2. MEMBERSHIP.  It shall be mandatory for the Owners of the properties to be a member of the Association, and as such, each member of the Association and the Association as a separate entity individually and severally, bind themselves pursuant to the terms of these Protective Covenants, and any Bylaws or amendments to said Bylaws adopted and passed by the Association and Rules and Regulations promulgated by the Association’s Board of Directors (the “Board”). Membership in the Association shall be appurtenant to ownership of property, including any part or parcel of the property described above, and such membership shall be inseparable from property ownership. The owner of each Lot will be called a member and will be entitled to one vote in all Association matters requiring a vote.

3. LAND USE AND PRESERVATION.  The Properties have been subdivided into parcels and deeded to members of the Association and used as may be provided for in the Bylaws of the Association.  Property owned by the Association shall be referred to as Common Area.  The Association also holds various easements, lease rights, grazing permits, and water rights for the benefit of the Association.  The Board may regulate the use of any portion of the Common Areas or other Association property by Rule and Regulation except as specified in Item 12 below.

4.  LIVESTOCK AND PETS.   Horses shall not be permitted to free range on Common Area.  Authorized Cows are permitted to free range on Common Area and Owners Lots.  An Owner has the right to fence out any livestock.  Livestock of any kind may be kept on a Lot fenced in by a Member in such numbers as permitted by Kane County.  Notwithstanding the foregoing, the Board shall have authority to modify the terms of this Section 4, by Rules and Regulations governing livestock on the Common Areas.  Domestic pets shall be under the owner’s immediate supervision and control at all times.

5. SANITATION.  All property covered hereby shall be maintained in a manner so as to create and promulgate a clean, beautiful, healthful, and natural environment.  Dumping of garbage or refuse and  sewage disposal shall be accomplished in accordance with the requirements of the Utah State Health Department.

Two votes were taken on the language of item six “Nuisances/Signs.” The first vote was to strike much of the proposed language. This motion was defeated by a vote of 2 in favor and 4 opposed, with 1 absent for the vote. The second motion was to language referring to applicable state and county law. That vote was 4 in favor, 1 opposed, 1 abstain and 1 absent for the vote. The revised language reads:

6. NUISANCES/SIGNS.  No noxious or offensive activities shall be carried on upon any of the property covered hereby, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.  No signs, billboards, or advertising structures of any kind shall be erected or displayed. One “For Sale” sign is permitted.  “Private Property,” “No Trespassing” and “No Hunting” signs shall be prohibited except as specifically authorized in writing by the Board. Hazardous materials may be stored or kept on the Lots or Common Area only when in compliance with all Utah State and Kane County applicable regulations.

The language for item seven was approved as follows:

7. FIREARMS - The discharge of firearms shall be allowed only within areas designated by the Association. The discharge of firearms on Members personal lots and/or designated Common Areas shall be in compliance with all Utah State and Kane County applicable regulations. 

Further discussion of revisions was tabled until the next meeting because several Board members had to leave.

· Joe McElroy’s site plan and construction drawings were presented to the Board for approval. Larry Walters moved the proposal be approved. Larry Clarkson seconded the motion. Vote: 5 in favor, 2 absent.

The next meeting will be held on April 22^nd at 9:00 AM at the Holiday Inn, Kanab, UT.

Submitted by Larry Walters, Board Secretary