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Home My WebLink AboutLog248 Page 1 of 3 , .. Michelle Farfan AI Scalf Tuesday, October 11,2005 12:57 PM 'Powers & Therrien'; Michelle Farfan Kaysins@wellsfargo.com; Teresa Smith; Gary & Kathy Hashbarger; Gregg & Pat Jordshaugen; Jeanne & Peter Joseph Subject: RE: Ludlow Village Townhouse Plat From: Sent: To: Cc: Les I have been on vacation. See responses within your email. AI -----Original Message----- From: Powers & Therrien [mailto:powers_therrien@yvn.com] Sent: Tuesday, October 04, 2005 2:34 PM To: AI Scalf Cc: Powers & Therrien; Kaysins@wellsfargo.com; Teresa Smith; Gary & Kathy Hashbarger; Gregg & Pat Jordshaugen;Jeanne&PeterJoseph SUbject: Ludlow Village Townhouse Plat AI: I attended a meeting of the Townhouse Association a couple of weeks ago. Greg McCarry made a couple of comments upon which I need to ask for your comment. Greg admitted that the proposed major revision to the resort required an amendment to the CC & Rs of the Plat.[AI Scalf] See David Alvarez letter from last spring, The CCR's would not be effected. He admitted that the proposed major revision not only converted resort space to residential space but also converted lots that are platted as single family attached (townhouses) to residential condominiums. He admitted that an amendment to the Declaration of Covenants, Conditions and Restrictions ("CC & Rs") of the Plat would be required. I asked him to discuss the protocol for amendment to CC & Rs. Greg opined that it would be amended by vote of sixty percent of the members. I am unclear as to the meaning of this statement but gather it arises from his reasing of Article 18 to the Declaration creating the CC & Rs. It is extrinsic to my inquiry of you. Considering Greg's position that the. Plat is to be amendedQyJ~moving the undeveloped n___n portio-nof {ne-plat from the existingplafand its CC & Rs, dedicating a part thereof to parking for the hotel, and replatting the remainder as multifamily (condominium) ownership, I want to know if the proposal can be entertained by DCD[AI Scalf] PLA has applied for a BLA, not a plat vacation, however all will be decided by the Hearing Examiner as a consolidated permit review process currently scheduled for public hearing on Dee 6. The Examiner will determine all of these issues. without meeting the following requirements of RCW 58.17.212: "lf the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof." or RCW 58.17.215 "lf the subdivision is subject to restrictive covenants which were filed at the time of the-approval of the subdivision, and the application for alteration would result in the viola tior of ~1?' CQ)l~ar.1 t, the application shall contain an agreement signed by all parties -_{J i ,^_M. # ()L{ 10/11/2005 Pa~'-~nfZ~--- , f . Page 2 of3 ~.., " subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof." realize that under the Development Agreement DCD does not enforce CC & Rs. See Development Agreement, Sec. 4.20. I take this to mean that it does not enforce same either for the developer or for the resident. My question is whether DCD can even entertain a proposal partially vacate or to amend a plat subject to CC & Rs without considering whether the partial vacation or amendment would violate any covenant contained within the Declaration.[AI Scalf] yes would can entertain such a application You may either assume that the proposal violates the CC & Rs or you may proceed under the following analysis: (1) the proposal eliminates 28 townhouse lots from the Plat. (2) The proposal adds a new residential association, a condominium association, to the master association provided by the CC & Rs. (3) The CC & Rs provide for a method of voting that is based on the ownership of residential lots. (4) For this purpose, excluding single family detached lots, the Plat is divided into fifty three J53) residential lots. (5) The CC & Rs contain provisions relating to the master association relating to the election of directors based upon the separate participation of the Inn, the Restaurant, the Marina, the Townhome Association, and the owners of hte "single family lots". (6) There is no provision in the Master Association for voting by any other and further residential association other than the Townhome Association, or any residential association the members of which do not own residential lots. (7) The proposed changes to the Plat would result in the inclusion of a new residential association in the master association the members of which do not own residential lots. (7) Such inclusion would violate the terms of the Declaration as to voting participation in the master association. This example is by way of clarification and does not constitute a concession that other violations do not result. [AI Scalf] All of this would go before the Examiner Considering that there is at least one covenant in the CC & Rs, that relating to voting and participation in the master association, that would be violated by the proposal, does DCD have the authority to accept for review the proposed partial vacation or modification to the Plat without obtaining the requisite signatures of the persons owning interests in the Plat? [AI Scalf] yes, then we take it to the Hearing Examiner What are the rights of any person who is subject to the CC & Rs to object prior to the approval of the partial vacation or modification?[AI Scalf] become a party of record and comment on the proposal to the Hearing Examiner To whom is objection made? [AI Scalf] to OeD, who will incorporate this into the file and forward this to the Hearing Examiner the decision maker I also draw your attention to another statement Greg made that Hearing Examiner Berteig had ruled that the Plat and/or its CC & Rs could be modified or the Plat partially vacated without regard to the provisions of RCW 58.17.212 or 58.17.215, as the case may be, cited above. I affi-Ul'lawam of any decisionby-Mf,;.--Berteig affecting th&~at. ~s-tflefe such a deeision?[AI Scalf] was this part of Olympic Terrace II, you have this document If so, please identify same and provide me a copy. I am finally confused about PLA's intentions respecting the lagoon. The final proposal, at least what I took for same, in the FSEIS did not include construction over the lagoon. I now understand PLA's preferred proposal includes construction over the lagoon.[AI Scalf] PLA is not proposing construction over the lagoon Could you identify the proposal that is the basis for PLA's permit applications and is part of its major resort revision proposal as it affects the lagoon. [AI Scalf] Michelle just mailed out the public notice on these applications, published in the Leader on October 5. I appreciate your assistance in this regard. Please email the response to all copied hereon. They each have an inUfrest in your response. I f) G' rn= fVl ~-" ' ~'" ......" # ~"tj--,"._",~~,~~"~~,~ 10/11/2005 Pace d..... of-3 , , Page 3 of 3 .~ Les Powers & Therrien, P .S. 3502 Tieton Drive Yakima, WA 98902 Phone: 509-453-8906 Fax: 509-453-0745 This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Section 2510-2521 and is legally privileged. 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