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Home My WebLink AboutLPA92-00005 Recorded 2 of 6_ TIMBERTON VILLAGE PHASE I I A PORTION OF THE SW 1/4 AND OF THE SE 1/4 OF SECTION 17, TWp, 28 N., RGE. 1 E., W.M. n ruin wr.�. JEFFERSON COUNTY, WASHINGTON CATION KNOW ALL PERSONS BY THESE PRESENTS THAT WE, THE OWNERS OF INTEREST IN TFIE LAND HEREBY SUBDIVIDED, OF OUR OWN FREE WILL AND CONSENT, HEREBY DECLARE THIS PLAT 10 BE THE GRAPHIC REPRESENTATION OF THE SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE USE OF JEFFERSON COUNTY FOREVER IN FEE SIMPLE ALT. STREETS, AVENUES, AND ROADS HEREON, INCLUDING WITHOUT LIMITATION ALL PAVEMENT, CURBS, GUTTERS, SIDEWALKS, DRAINAGE FACILITIES, LANDSCAPED AREAS, AND OTHER IMPROVEMENTS LOCATED THEREIN, AN DEDICATE THE USE THEREOF FOR ALL PUBLIC PURPOSES, AND ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOIS SHOWN THEREON IN THE ORIGINAL REASONABLE GRADING OF SAID STREETS AND AVENUES. FURiHER, THE OWNERS WAIVE FOR THEMSELVES, THEIR SUCCESSORS AND ASSIGNS, ANY AND ALL CLAIMS FOR DAMAGES AGAINST JEFFERSON COUNTY THAT MAY BE OCCASIONED BY THE ESTABLISHMENi OR CONSTRUCTION OF STREETS, AVENUES, AND ROADS HEREON. DECLARATION AND MASTER DECLARATION THIS PLAT IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SUPPLEMENTAL DECLARAIJO14 OF COVENANTS, CONDITIONS, RESTRICTIONS, ASSESSMENTS, CHARGES, SERVITUDES, LIENS, RESERVATIONS AND EASEMENTS FOR TIMBERTON VILLAGE RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NO. 383712, AS AMENDED BY AMENDMENT NO. 1 RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NO. ------ 4 Qlaa- -___ -_ -_ _- (AS AMENDED, THE "DECLARATION -), AND THE SOUTH BAY MASTER DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, ASSESSMENTS, CHARGES, SERVITUDES, LIENS, RESERVATIONS AND EASEMENTS RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NO. 3z4010 PURSUANT 10 A DECLARATION OF ANNEXATION RECORDED UNDER JEFFERSON COUNTY AUDITOR'S FILE NO._ - J 14J( ENGINEERED DRAINAGE AND STORM WATER MANAGEMENT PRIOR 10 COMMENCEMENT OF ANY LAND DISTURBING ACTIVITIES AND PRIOR TO ISSUANCE OF A BUILDING PERMIT, AN ENGINEERED DRAINAGE AND STORM WATER MANAGEMENT PLAN SHALL BE DEVELOPED TO THE STANDARDS OF THE WASHINGTON STATE DEPARTMENT OF ECOLOGY STORM WATER MANAGEMENT MANUAL (CURRENT EDITION) AND BE SUBMITTED TO THE JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS FOR APPROVAL. TEMPORARY EROSION CONTROL BEST MANAGEMENT PRACTICES SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC WORKS AND IMPLEMENTED AT ALL TIMES DURING LAND DISTURBING ACTIVITIES. THE PLAN MAY BE IN THE FORM C A SMALL PARCEL TEMPORARY EROSION AND SEDIMENTATION CONTROL (TESC) PLAN, IN WHICH CASE THE DEVELOPMENT OF INDIVIDUAL LOTS SHALL BE CARRIED OUT IN CONFORMANCE WITH THE TESC PLAN. AN APPROVED SET OF PLANS SHALL_ BE ON SITE DURING CONSTRUCTION. TEMPORARY EROSION CONTROL AND STORM WATER STRUCTURES SHALL BE INSPECTED AT LEAST ONCE PER WEEK DURING THE CONSTRUCTION PERIOD, AND SEDIMENT SHALL BE REMOVED FROM SEDIMENTATION PONDS AS NECESSARY 10 ENSURE PROPER FUNCTIONING. DISPOSAL OF SEDIMENT MATERIALS SHALL BE SUBJECT TO THE AP'P'ROVAL OF THE JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS I14 ACCORDANCE WITH APPLICABLE FEDERAL, STATE, AND COUNTY REGULATIONS. OPEN SPACE POPE RESOURCES, THE GRANTOR, FOR NO MONETARY CONSIDERATION, CONVEYS AND QUIT CLAIMS 10 TIMBERTON VILLAGE HOMEOWNERS ASSOCIATION, A WASHINGTON NONPROFIT CORPORATION (THE "ASSOCIATION "), 11IE FOLLOWING DESCRIBED REAL ESTATE, TOGETHER Willi ALL AFTER ACQUIRED 111LE OF THE GRANTOR THEREIN, SUBJECT 10 MATTERS OF RECORD, INCLUDING WITHOUT LIMITATION THE DECLARATION AND MASTER DECLARATION, AND TO THIS FLAT: TRACTS C, D, E. AND F WITHIN THIS PLAT. TRACTS C, D, E, AND F ARE OPEN SPACE TRACTS AND ARE RESERVED FOR THE BENEFIT OF OWNERS OF LOTS WITHIN THIS PLAT, SUBJECT TO ANY TRAIL OR PATHWAY SYSTEM LOCATED THEREIN. NATIVE VEGETATION SHALL BE MAINTAINED IN TRACTS C, D, E, AND F, SUBJECT TO THE VIEW EASEMENT (DESCRIBED BELOW), OTHER EASEMENTS SET FORTH ON THIS PLAT, AND ADDITIONAL MATTERS SET FORTH IN THE DECLARATION AND MASTER DECLARATION. STORM WATER FACILITIES POPE RESOURCES HEREBY GRANTS, CONVEYS, AND QUIT CLAIMS TO TIMBERTON VILLAGE HOMEOWNERS ASSOCIATION, FOR THE BENEFIT OF ITS MEMBERS AND PROPERTY LOCATED WITHIN TIMBERTON VILLAGE AS PLATTED, NOW AND IN THE FUTURE, ALL STORM WATER FACILITIES INCLUDING PONDS, CULVERTS, TRENCHES, PIPELINES, AND SWALES, TOGETHER WITH NECESSARY FACILITIES AND APPURTENANCES (COLLECTIVELY, "STORM WATER FACILITIES "), LOCATED WITHIN THE LOTS AND TRACTS C, D. E, AND F WITHIN THIS PLAT. THE ASSOCIATION, ITS MEMBERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL MAINTAIN AND REPAIR THE STORM WATER FACILITIES (EXCEPT THOSE PORTIONS MAINTAINED BY JEFFERSON COUNTY NOW OR HEREAFTER) IN SATISFACTORY WORKING ORDER, IN ACCORDANCE WITH ALL GOVERNMENTAL REGULATIONS. ALL STORM WATER FACILITIES LOCATED WITHIN DEDICATED RIGHTS -OF -WAY WITHIN THIS PLAT SHALL BE MAINTAINED BY JEFFERSON COUNTY. ALL LOTS WITHIN THIS PLAT CONTAINING STORM WATER FACILITIES SHALL BE SUBJECT TO A PERPETUAL NONEXCLUSIVE EASEMENT IN, OVER, THROUGH, AND UNDER SUCH LOTS FOR THE MAINTENANCE, REPAIR, AND REPLACEMENT OF STORM WATER FACILITIES, FOR THE BENEFIT OF THE ASSOCIATION AND JEFFERSON COUNTY. EASEMENTS I. FRONTAGE UTILITIES EASEMENT. ALL LOTS AND TRACTS WITHIN THIS PLAT SHALL BE SUBJECT TO A PERPETUAL NONEXCLUSIVE EASEMENT FOR UTILITIES (THE " FRONTAGE UTILITIES EASEMENT") ACROSS, IN, OVER, THROUGH, AND UNDER A TEN -FOOT -WIDE STRIP OF LAND LYING PARALLEL WITH AND ADJOINING, HERITAGE LANE, TIMBER RIDGE DRIVE, TiMBER MEADOW DRIVE, AND TRACT F. THE FRONTAGE UTILITIES EASEMENT SHALL BENEFIT JEFFERSON COUNTY, PUGET SOUND ENERGY, U.S. WEST TELEPHONE COMPANY, POPE RESOURCES, LUDLOW WATER COMPANY, SUMMIT CABLEVISION, TIMBERTON VILLAGE HOMEOWNERS ASSOCIATION, OTHER UTILITY SERVICE EASEMENT D THEIR ARETHE CONSTRUCTION, SUCCESSORS NSTALLATION, MAINTENANCE, REPAIR, REIPLACEMENT, OANDIUSEROF 1SANITARY11SEWER PIPELINES; STORM WATER FACILITIES; UNDERGROUND ELECTRICAL, CABLE TELEVISION, TELEPHONE, AND OTHER CONDUITS, CABLES, AND WIRES; STREET LIGHT STANDARDS; NATURAL GAS PIPELINES; AND WATER PIPELINES, TOGETHER WITH NECESSARY FACILITIES AND APPURTENANCES (COLLECTIVELY, 111E "UTILITY FACILITIES ") FOR THE PURPOSES OF SERVING THIS PLAT AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE FRONTAGE UTILITIES EASEMENT AREAS AT ALL TIMES FOR THE PURPOSES STATED HEREIN. GRANTEES OF THE FRONTAGE, UTILITIES EASEMENT SHALL RESTORE THE FRONTAGE UTILITIES EASEMENT AREA FOLLOWING WORK TO ITS PRIOR CONDITION 10 THE EXTENT REASONABLE AND PRACIICABLE, EXCEPT THAT REMOVED TREES NEED NOT BE REPLACED. WITHIN FRONTAGE UTILITIES EASEMENT AREAS NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN THAT MAY DAMAGE OR INTERFERE WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF THE FRONTAGE UTILITIES FACILITIES. UTILITIES EASEMENTS. CERTAIN LOTS WITHIN THIS PLAT, INCLUDING LOTS 43, 44, 46, 47, 48, 49, 50 AND 51, EASEMENT) CROSS, INN SHALL SUBJECT AND OUNDER PERPETUAL LOT AREAS NONEXCLUSIVE DESIGNATED ED ONFOR 11 E UTILITIES ND ALL OF TRACTS "UTILITIES E AND F. THE UTILITIES EASEMENTS SHALL BENEFIT JEFFERSON COUNTY, PUGET SOUND ENERGY, U.S. WEST TELEPHONE COMPANY, POPE RESOURCES, LUDLOW WATER COMPANY, SUMMIT CABLEVISION, TIMBERTON VILLAGE HOMEOWNERS ASSOCIATION, OTHER UTILITY SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE PERMITTED USES OF THE UTILITIES EASEMENTS ARE THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF UTILITY FACILITIES, FOR THE PURPOSES OF SERVING THIS PLAT AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE UTILITIES EASEMENT AREAS AT ALL TIMES FOR THE PURPOSES STATED HEREIN. GRANTEES OF THE UTILITIES EASEMENT SHALL RESTORE THE SIDE LOi UTILITIES EASEMENT AREAS FOLLOWING WORK TO ITS PRIOR CONDITION TO THE EXTENT, REASONABLE AND PRACTICABLE, EXCEPT THAT REMOVED TREES NEED NOT BE REPLACED. WITHIN UTILITIES EASEMENT AREAS NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN THAT MAY DAMAGE OR INTERFERE WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF THE UTILITY FACILITIES. TRACT F ROADWAY EASEMENT. TRACT F SHALL BE SUBJECT TO A PERPETUAL NONEXCLUSIVE EASEMENT FOR A PRIVATE ROADWAY (THE "ROADWAY EASEMENT ") ACROSS, IN, OVER, THROUGH, AND UNDER TRACT F FOR THE BENEFIT OF THE OWNERS OF LOIS 31, 32, 33 AND 34 ( "ROADWAY EASEMENT GRANTEES') WITHIN THIS PLAT. THE PERMITTED USES OF THE ROADWAY EASEMENT ARE THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF AN ASPHALT OR CONCRETE ACCESS ROADWAY, TOGETHER WITH NECESSARY FACILITIES AND APPURTENANCES (COLLECTIVELY, THE "ROADWAY'), TOGETHER WITH THE RIGHT TO ENTER UPON TRACT F Al ALL TIMES FOR THE PURPOSES STATED HEREIN. ROADWAY EASEMENT GRANTEES SHALL RESTORE TRACT F FOLLOWING WORK 10 ITS PRIOR CONDITION 10 THE EXTENT REASONABLE AND PRACTICABLE, EXCEPT THAT REMOVED iREES NEED NOT BE REPLACED. WITHIN TRACT F NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITIED TO REMAIN THAT MAY DAMAGE OR INTERFERE WITH THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF THE. ROADWAY AND UTILITY FACILITIES. EACH ROADWAY EASEMENT GRANTEE SHALL BEAR AN EQUAL SHARE OF EACH EXPENSE OF MAINTAINING, REPAIRING, AND REPLACING THE ROADWAY (AN "EXPENSE"), BUT ONLY IF SUCH GRANTEE OR ITS AGENTS, CONTRACTORS, EMPLOYEES, GUESTS, AND INVITEES HAVE MADE ACTUAL USE OF THE ROADWAY WITHIN THE ONE (1) YEAR PERIOD PRECEDING THE DECISION TO INCUR SUCH EXPENSE (A "USER "). ANY DECISION TO INCUR AN EXPENSE SHALL BE MADE BY A 51 PERCENT MAJORITY VOTE OF THE USERS AT A MEETING IN PORT LUDLOW, WASHINGTON, FOR WHICH THIRTY (30) DAPS PRIOR WRITTEN NOTICE SHALL BE GIVEN TO ALL ROADWAY EASEMENT GRANTEES; PROVIDED, HOWEVER, THAT ANY DECISION 10 REPLACE THE ROADWAY SHALL BE MADE BY A 75 PERCENT MAJORITY VOTE. ANY USER LIABLE FOR AN EXPENSE WHO DOES NOT CONTRIBUTE HIS OR HER SHARE OF THE EXPENSE WITHIN 111IRTY (30) DAYS AFTER WRITTEN DEMAND BY ANY CONTRIBUTING USER, IF THE EXPENSE HAS BEEN PROPERLY APPROVED BY A MAJORITY OF THE USERS, SHALL BE IN DEFAULT UNDER THIS PARAGRAPH, AND THE OBLIGATION TO PAY SUCH EXPENSE SHALL BECOME A LIEN AGAINST SUCH USER'S LOT UPON THE RECORDATION IN THE REAL PROPERTY RECORDS OF A PROPER NOTICE OF LIEN FOR NONPAYMENT OF MAINTENANCE EXPENSE. EACH USER'S SHARE OF AN EXPENSE SHALL BEAR INTEREST AT THE RATE OF EIGHT (8) PERCENT PER YEAR COMMENCING UPON THE DATE THIRTY (30) DAYS AFTER THE DATE OF WRITTEN DEMAND FOR PAYMENT OF SUCH EXPENSE. ALL NOTICES SHALL BE SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR VIA TELEPHONIC FACSIMILE OR HAND DELIVERY, TO THE USER'S HOME ADDRESS. THE TERMS AND CONDITIONS OF THIS SECTION RELATING TO MAINTAINING, REPAIRING, AND REPLACING THE ROADWAY MAY BE AMENDED BY A WRITTEN AGREEMENT APPROVED BY 51 PERCENT OF THE ROADWAY EASEMENT GRANTEES AND RECORDED IN THE REAL PROPERTY RECORDS OF JEFFERSON COUNTY, WASHINGTON. SANITARY SEWER EASEMENT. ALL OF TRACTS C, D, E, AND F WITHIN THIS PLAT SHALL BE SUBJECT" 10 A PERPETUAL NONEXCLUSIVE EASEMENT FOR SANITARY SEWER FACILITIES (THE "SANITARY SEWER EASEMENT') ACROSS, IN, OVER THROUGH, AND UNDER SUCH AREAS FOR THE BENEFIT OF TIMBERTON VILLAGE HOMEOWNERS ASSOCIATION, JEFFERSON COUNTY, POPE RESOURCES, OWNERS OF ALL L01S WITHIN THIS PLAT, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE PERMITIED USES OF THE SANITARY SEWER EASEMENT ARE THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPLACEMENT, TEH- SEWER PIPELINES, TOGETHER NECESSARY EIAPPURTENANS (COLLECIIVELYTE SANTARYSEWERFACILIiIES "), FO TE PURPOSESOF SERVING THIS PLAT AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENVAREAS AT ALL TIMES FOR THE PURPOSES STATED HEREIN. GRANTEES SHALL RESTORE THE EASEMENT AREA FOLLOWING WORK TO ITS PRIOR CONDITION TO THE EASEMENT REASONABLE AND PRACTICABLE, EXCEPT THAT REMOVED TREES NEED NOT BE REPLACE. WITH IN THESE AREAS NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACEDORPERMITTED EMAIN THAT MAY DAMAGE OR INTERFERE WHIT THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF THE SANITARY SEWER FACILITIES. 'AWING NAME : CS -FP1 5. S10FOA WATER FACILITY EASEMENT. ALL OF TRACTS C, D. E., AND F 'WITHIN THIS PIAI ,I4AI I Ili PERPETUAL NONEXCLUSIVE EASEMENT FOR STORM WATER FACILITIES (THE "STORM WAiT -R I ACII 11, f Asl r4r vT" ACROSS, IN, OVER, THROUGH, AND UNDER SUCH AREAS FOR THE BENEFIT OF 111ABERIOP4 rll_I i+rnef i rr11 F ?. ASSOCIATION, JEFFERSON COUNTY; POPE RESOURCES, OWNERS OF ALL LOTS WITHIN THIS PtA1. ANT' T ,, r�f'.;{'Et;l',F SUCCESSORS AND ASSIGNS. THE PERMITIED USES OF THE STORM WATER FACILITY [ASLMF -NT ARE 114E ,TI Tp,Jr rl „•i INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF STORM WATER FACILIIif S rT?1' TIII SERVING THIS PLAT AND 0111,1? PROPERTY, IOGEIHLR WIiIA THE RIGHT TO ENTER UPON TIII 1 n <:I ME T1� A, FOR THE PURPOSES STATED HEREIN. GRANTEES SHALL RESTORE THE EASEMENT AREA 1 01 1 INS,'. h�'f %k it <� ngiTq CONDITION iO THE EXTENT REASONABLE AND PRACIICABLE, EXCEPT THAT REMOVED iREE_S Nt[t, Nil' HF IEf'IA <f17 WITHIN THESE- EASEMENT AREAS NO SiRUCTURE, PLANTING OR OTHER MAiERIAI_ ST1AL_I BE F'I nCfF REMAIN THAT MAY DAMAGE OR INiERFERE Willi THE CONSTRUCTION, INSTALLATION, MAINIFTJANi I pi I a•n REPLACEMENT AND OISE Of THE STORM WATER FACILITIES. 6. RESERVED OPEN SPACE (ITILI11ES EASEMENT. POPE: RESOURCES RESERVES FOR 1HL H[ Nf {” !11 WATER COMPANY, AND IITEIR SUCCESSORS AND ASSIGNS, THE. RIGHT TO ESTABLISH AND ;RAN' nl)i'iT1i ,ri:. nSf rA1 N' IN TFIE FUTURE FOR U11LIN FACII.111ES TO THEMSELVES AND OTHERS ACROSS, IN, O'vE_R, n41 ?ril_u_:�+. 414 'ir,T1EF ;f•:C c C, D, E, AND F AS SHOWN ON THIS FLAT. THEREFORE, ALL OF TRACTS C, D. E, AND T WITliIIJ TIT,' {' SUBJECT 10 A PERPETUAL NONEXCLUSIVE EASEMENT IN GROSS FOR UTILITIES THE. "I.JIILin � L Tf OVER, THROUGH, AND UNDER SUCH AREAS FOR THE BENEFIT OF POPE RESOURCES, LUDI '�W WAI ITrIF r1 f d SUCCESSORS AND ASSIGNS. THE PERMITIED USES OF THE UTILITIES EASEMENT SIIALL fit. ITlT. CCTV (21 q1 f r. INSTALLA1ION, MAIN I[NANCF, REPAIR, REPLACEMENT, AND USE OF U1ILIiY FACILITIES FOE? Ii{f pt: PI () f THIS PLAT AND OUTER AREAS, TOGETHER WIiH THE RIGHT 10 ENTER UPON TRACTS C, D. I. Ar1I' r Al al ti4L r r {f: PURPOSES STATED HEREIN IIIE BENLFiiS Of THE UTILITIES EASEMENT MAY BE, ASS((;NE D IN Wlii)(f r, r r.1;r nT ANY TIME AND FROM TIME TO TIME, BY POPE RESOURCES, LUDLOW WATER COMPANY, THEIR Sl il`1 F gNfI ASSIGNS, TO ANY PRIVAiF OR PUBLIC (1TILITY SERVICE PROVIDER, GRANTEES SHALI RFST(IPF Till rn;f�Tf, T ARE n•; FOLLOWING WORK TO ITS PRIOR CONDITION 10 THE EXTENT REASONABLE AND PRACTICABLE I. Ia('EPr III'.` fzf MO�f f) TREES NEED NOT BE REPLACED. WIIIiIN 'THESE EASEMENT AREAS, ONCE ESTABLISHED, NO STRUCTL�RF r�InrnlydG i)R OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN THAT MAY DAMAGE OR iNll_f2f E RE WI jr,, f. CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND USE OF THE UTILrIr FnCILIrIFS F OWNER OF TRACT C, D. E, AND F SITALI- COOPERATE WITH THE BENEFICIARIES OF iHF UTIL ITIES f ,BSI 1,"F NT •AND SHALL EXECUTE DOCUMENIS UPON "REOUESi FROM TIME TO TIME 10 ESTABLISH OF RE -CORIT ?Hf f'hf i ;f I 1 Srr.IITrT•). AND LOCATIONS OF UTILITY FACILITIES AND UIIL_IHES EASEMENT AREAS, PROVIDED, 110WEVEF, TT4AT SL!r lI COOPERATION AND DOCLIMf Nf EXECUTION ','HALL NOl BE A CONDITION PRECEDENT 1p T{4f ENFORCEMENT Of 1111 11110 f IF S EASF MF N i . 7. TEMPORARY OPEN SPACE CONSi RUCiION EASEMENT. ALL OF TRACTS C, D. E APIP r Vl 1 {inl Ala ; {1A;I qF SUBJECT 10 A TEMPORARY NONEXCLUSIVE EASEMENT IN GROSS FOR CONSTRUCTION P11ry )SE `5 'TNT ;irJ , T'uCTir,N EASEMENT ") ACROSS, IN, OVER, itIROUGH, AND UNDER SUCH AREAS FOR THE BENEFIT OF Frrt.E r;l;,Tilr,Cl`; II SUCCESSORS AND ASSIGNS. . THE PERMITIED USES OF THE CONSTRUCTION EASEMENT SIIALL EGRESS OVER, IN, UPON, UNDER, AN ACROSS SUCH AREAS FOR THE OPERAHON AIJD S101?nC =F nr rd�: FaO( rI(;N EQUIPMENT, THE DELIVERY AND STORAGE OF CONSTRUCTION MATERIALS, THE CONSTRUCTION 4r•JD INSIAIIAUr.^r (1T ROADWAY AND UTILITY IMPROVEMENTS, AND THE RIGHT TO MAKE SUCH OTHER USF OF ION AJ.1 n Tr. REASONABLY NECESSARY OR INCIDENTAL TO CONSTRUCTION ACTIVITIES; PROVIDED, H01 , (1(, Tlu,l EASEMENTS SHALL BE EXERCISED BY POPE RESOURCES IN SUCH A MANiJER AS TO L1NR1ASc1ra4E3 {' u4TF RI I c.{ ,ti l , THE OCCUPANCY, USE, ENJOYMENT, Of? ACCESS BY ANY LOT OWNER OF IER 01YNF,F ?'; f .T n =A. _< WITHIN THIS PLAT SHALL BE RESTORED 13Y THE GRANTEE FOLLOWING EXERCISE OF 114I'� 1 ASf 1,41 'I1 T'• ,IIF �I T RI,Ti CONDITION 10 THE EXTENT REASONABLE AND PRACTICABLE, EXCEPT THAT REMOVED ff�f f S Nf E11 NT'T Hf ! :,i f f, THIS CONSTRUCTION EASEMENT SHALL iILRMINAiE TEN (10) YEARS AFTER THE DATE l'f 1.1T i i THE REAL PROPFRiY' RECORDS OF A f I F PSON COIJNTY, WASHINGiON. 8. OPEN SPACE VIEW EASEME.Nf. IN ORDER 10 ESTABLISH, PROTECT, AND F'RESEF ?,I TF Rlri;)RiAI r,41, IrJrA I; nr;i WATER VIEWS WITHIN 11115 PLAT, ALL Of TRACTS C, D, E, AND F WITHIN THIS PLAT SHALL fiF ;l ifi of I T'. PERPETUAL NONEXCLUSIVE EASEMENT FOR SCENIC VIEWS (THE "VIEW EASEMENT ") ACROS,•, IN, r,;f I r.; ;I it AND UNDER SUCH AREAS FOR THE BENEFIT Of TIMBERTON VILLAGE HOMEOWNERS ASSOCIAUUN. (,r AL, WITHIN THIS PLAT, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. NOiWITHSTANDING TFIE AUTHORITY TO EXERCISE ANY RIGHTS UNDER THIS VIEW EASEMENT SHALL BE VESiFD EX('LU TIMgfI;T(It, VILLAGE HOMEOWNERS ASSOCIATION. THE ASSOCIATION, FOR THE BENEFIT OF THE LOTS .YI'HIN 1NI` F1 AT A'Ir R OWNERS, SHALL HAVE THE SOLE AND EXCLUSIVE RIGHT UNDER THE VIEW EASEMENT TO ENHAFJCf AND I'I�F �Ei,,j VIEWS ACROSS AND THROUGH TRACTS C, D, E, AND F WITHIN THIS PLAT UPON THE REQUES! Uf AN'r 10T !`WNEr= AT IT DISCRETION, AND SUBJECT TO ANY RESTRIC1IONS IMPOSED BY JEFFERSON COUNTY OR O111ERW'ICf "'T _nv,. THE ASSOCIATION) IS PERMITTED TO CUT, REMOVE, PRUNE, AND LIMB VEGETATION, INCLUDING iRF E5. If IT pf LETS '{141 SUCH VEGETATION IS OBSTRUCiING LOT VIEWS AND IF SUCH CUTTING, REMOVING, PRUNING OR 11i N(; iS r.l L( W1 (• f:Y, ALL APPLICABLE LAWS, ORDINANCES, AND REGULATIONS. PRIOR TO COMMENCEMENT OF AN'r 1,IJCiT AC'I,II SHALL BE DEVELOPED BY A QUALIFIED fORESTER OR SIMILAR PROFESSIONAL, WI1H RCCOMMENpATI:?r1S TC nT ASSOCIATION. IN ADDITION, TREE REMOVAL SHALL BE IN ACCORDANCE WITH ANY AF'F�EICAHI F ('f ?III(:41 ARf A RECOMMENDATIONS. ANY COSTS AND EXPENSES ASSOCIATED WITH PERFORMING ANY SIJCF4 Al, OBTAINING THE REPORT MAY 13L CHARGED 10 THE OWNER OR OWNERS REQUESIINC 1141 ACII l„ Al `141 DISCRETION OF THE ASSOCIATION. THE ASSOCIATION IS PERMITTED TO CUT TREES AND T;llif I7 bL_;ET.TIOt4,airT+t)(n PRIOR NOTICE, APPROVAL, OR STUDY IF it"IE TREES OR OTHER VEGETATION POSE AN IM1.11rdf'! PEAT !r? ru 1,1r,n1 ,r,rr OR PROPERTY, THE TERMS AND CONDITIONS OF THIS SECTION MAY BE AMENDED Bi A AP11Tf I4 •u ;l FiJ4I N' BY 51 PERCENT OF THE OWNERS OF LOTS WITHIN THIS PLAT ATJD RECORDED I ^1 THE RFAI R'x'f r" • T:F ('�`T?f,': (u JEFFERSON COUNTY, WASHINGTON. TRUCK ROUTE AND WORK HOUR RESTRICTIONS CONSTRUCTION WITHIN THIS PIAi MAY BE SUBJECT TO TRUCK ROUTE AND WORK Ili RF`�rul( ENFORCED BY JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS. ROAD APPROACH PERMITS FOR THE DEVELOPMENT OF ALL LOTS WITTIIN 11115 PLAT, A ROAD APPROACH PERMIT SIIAI L Of :)Pf AiNf fi T r?r:a, i,f JEFFERSON COUNTY DEPARTMENT Of PUf31_IC WORKS, AND ALL CONSTRUCTION] SHALI. C(_)NFT)I?1i STANDARDS. NOTICE TO LOT PURCHASERS PRIOR TO CONDUCiING LAND DISTURBING ACTIVITIES ON INDIVIDUAL LOTS. Ili[ OWNf .I+: SMALL PARCEL ]EMPORART EROSION AND SEDIMENTATION CONTROL PLAN (1 E.S.r .) T,' TIIE f 1 r ItJ COUNTY DEPARTMENT OF f UBLIC, WORKS FOR REVIEW AND APPROVAL DCVFloPiI3Fit! SHALL BE CARRIED OUT IN CONFORMANCE: WITH THE. T..E.S.C. PLAN. zurttrrurtrrr. '(•p '•a4 /1 4, �Cl Sl E.R,`�•J� pN'�(.•�AK� 5 EXPIRES S/21/981 5 %i ESM Consulting Engineers, L.L.C. Civil Engineering • Land Surveying • Project Management • Lond Planning 720 So. 348th Street • Federal Way, WA 9800 } Phone: (253) 838 -6113 • (253) 921 -0619 JOB NO. 528 - -01- 980 -001 - - - -- - "- Df�AWN: JAY B. SHCLi L a c, W m