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Michelle Farfan
From: AI Scalf
Sent: Friday, November 04, 2005 3:45 PM
To: Michelle Farfan
Subject: FW: Les Powers Major Revision to Resort Plan
-----Original Message-----
From: Powers & Therrien [mailto:powers_therrien@yvn.com]
Sent: Friday, November 04,20053:08 PM
To: AI Scalf
Cc: Powers & Therrien; Elizabeth Van Zonneveld; Dwayne Wilcox; Bruce Schmitz; Gary Kaysinger; Gary Hashbarger;
Lewis Hale; Peter Joseph; John Golden; Rick Rozzell; Randy Shelley; Bert Loomis; Terry Smith
Subject: Les Powers Major Revision to Resort Plan
Please find attached Les Powers Major Revision to Resort Plan together with attachments for filing. Thank
you.
Diane Sires
Legal Assistant
POWERS & THERRIEN, P.S.
3502 Tieton Drive
Yakima, W A 98902
Phone (509) 453-8906
Fax (509) 453-0745
This email is covered by the Electronic Communications Privacy Act, 18D.S.C.Section2510-2521 and is legally privileged. This
message and any attachments hereto may contain confidential information intended only for the use of the individual or entity named
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11/5/2005
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STA.TE Of WASHINGTON
DEPARTMENT OF ECOLOGY
1'0 Box 47775 . OlympQ, W;rshingMn 98504-777$" (360) "07,6300
October 25, 2004
copy
Mr. At Sealf. Director
'Department of Comm1,l.Dity Development
Jefferson County .
621 Sheridan Street .
Port Townsend. W A. 98368
, Subject: Port Ludlow Lagoon
Dear Mr. Scalf:
~ you for your patience as we have all worked towards clarification 00 1he issue of the
Shoreline jurisdictional status of the lagoon located in Port Ludlow Village (port Ludlow
Lagoon). I appreciate the time you have taken to work with us. Our meeting, and the
meetings with others'in your COmD'lumty, has helped us put this issue into per.;peetive. It is
our opinion that the Port Ludlow Lagoon is covered by the provisions of the Shoreline
Management Aet (SMA. Chapter 99.58 RCW) and the Jefferson County Shoreline
Management Master Program (SMMP), including the prohibition on over-w~er residential
construction (SMMP. 5.160).
The basic premise of oUr opinion is that the Port Ludlow Lagoon is within 200 feet of the
otdinary high water IUkk (OHWM) of Ludlow Bay. a Shoreline of the State. The strength
of our conviction, howeve.r. is based on a broader set of facts.
BllckgJound
"Shorelines" are defined as - "all of the water areas oftbe state, including reservoirs, and
their associated sborelands, together with the lands underlying them; except (i) 'shorelines
of statewide significance;.(ii) shorelines on segments of streams upstream of a point where
the mean annual f1~w is twenty cubic feet per second or less and the wetlands associated
with such upstream segments; and (iii) ahorelines on lakos less than twenty acres in size
and wetlands associated with such small lakes." (RCW 9O.5S.030(d))
"Shorelands" or "shoTcland areas" are defined as - "those lands extending landward fOT
two hundred feet in all directions as measured on a horizontal plane from the oxdirWy high
water mark; fioodways and contiguous floodplain areas landward [wo hWldred. feet from
..."..
o
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Mr. AI Scalf
" Octobet 25. lb04
Page 2
such floodways; and aU wetlands and river del~ associated with Ute meams. lakes, and
tidal waters which are. subject to the provisions of this chapter; the.5ame to be designated
as to location by the dcp~ent of ecology." (RCW 90.58.030(1))
The Port Ludlow Lagoon is a "water of the state" under Chapter 90.48 RC~ (Water
poliution Control Act). "Waters of the State:" are defined as - '1akes. rivers, ponds,
streams. inland waters, underground waters, salt waters and all other surface waters and
watercoUJ'6es within the jurisdiction of the state of Washington:' CRCW 90.48.020)
. ,
The policy of tile SMA states. in part -..It is th!! policy of the s~te to provide for the
management of the. shorelines oCtbe state by planning for and fostering all reasonable and
appropriate uses. This policy is designed .toinsuro the development ~ftb.ese shorelines in a
manner which, while allowing for limited reduction of rights of the public in the navigablo
waters. will promote and enhance the public interest. This policy contemplates pr:otecting
against adverse effects to the public health~ the land and its vegetatiOb' and wildlife. and the
waten of the .tate and their aquatic life, while protecting generally public rights of
navigation and corollary rights incidental thereto," (ReW 90.58.020. emphasis added)
RCW 90.58.020 states further - ... Nterationa of the natural condition oCthe shorelines and
ahorelands of the state shall be recognized by the department Shorelines and shoreJands
of the state shall be appropriately classified and these'cl~sifications shall be r:evised when
circumstances warrant regardless of whether the change in. circumstances occurS through
man-made causes or natural causes. Any areas resulting from alterations of the natural
condition of1he shorelines and shorelands of the state no longer meeting thcdeflnition of
"shorelines of the ~tate" shall not ~e subject to tile provisions of chapter 90.58' RCW."
WAC 1 n-22-052 AlCentioDII of .bordina alJecdDg designatloas, stateS - .. Alterations
of the existing conditions of shorelines and wetlands of the state which affect the boundary
or: volwnc of those 'Water bodies~ whether tluough authorized development or natu{al
causes. shall warrant a re:view of the designation of those sborelmes and their associated
wetlands," This letter is a response from that review of this watabody.
RCW 90.58.900 states - "This ChaptCf is exempted froin the lUte of strict construction. and
it .shall be liberally construed to give full effect to the Objectives and purposes. {or which it
was enacted!' In simple terms, this means that in areas of uncertainty we must give
deference to the protection of the res9W"ce.
The Jefferson County SMP states in 5.160. Residential Development. Prohibited Uses and
Activities - "Residential Structures located on or over marshes. bogs. swamps. lagoons.
tidelands. ecologically sen.sitive areas or wat<< areas subject to this Master Program. o.
Dl.ellssion
Several issues arc relevant in our determination that the Port Ludlow Lagoon is under the
jurisdiction of the SMA; these have also been raised 8.9 argumeots against such a
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Mr. Al Scalf
October 25, 2004.
P-se 3
jUrisdictional determination. These issues include Ate artificial nature of the lagoo;l1. the
limited value of the lagoon as habitat, 'aJ)d the continued alteration oftbe character of the
lagoon.
There is a claim that the lagoon is an artifici,J feature, a landscape amenity, rather than a
natural water body. There is no distinction in the SMA for excluding artificial water
bodies from Shoreline jurisdiction. The definition oC'"shoreJincs" specifically includes
reservoirs. clearly indicating that artificially constructed'bodies of water are covered under
. the SMA. The exclusion of artificially created wetlands (90.58~030(b)) does not apply 'in
i.Jiis case. First, the.exclusion is limited to artificial wetlands created from nonwetlan4 .
areas. Histori.c maps and photographs of Port Ludlow show the prcgression of
development of this area ,that inclu4ed the diking and filling' of the upper tidal portion of
the bay to create the land area that now includes the Port Ludlow Lagoon. The lagoon was
not created: from a DOnwetiand site. SecoDd. the lagoon does not meet.the statutory-
,definition of a "wetland." While there are areas aroUnd the tiinge of the lagoon that
cOntain wetland vegetation, have wetland'soils, and enough water to be considered
'~etland:' the lagoon itself does not meet the three-parameter iest for jurisdictional
wotlands (see WAC 173-22-080, Wetland Delineation Manual). The lagoon functions
more like a subtidal marine system because of the water depth and penn.an.ent inundation
(Cowardin. 1979. ClassifICation ofWetJands and Deepwater Habitats of the United States).
Finally, the exclusion of a water body as a wetland does not mean the afea is Dot a water of
the state (WAC 173-21A..(20).
We recognize the fact that the lagoon and the natural condition that originally linked the
la.goo~ area with Port Ludlow Bay have be~n tcpeatedly altered over time. However, this
alteraiion docs not eliminate the site from Shoreline jurisdiction. We -are directed to
recognize alteratioDS to the shorelinej e.g_, if authorized fill changes the OHWM of a.
shoreline or elitninates an associa,ed wetland fiom jurisdiction, then 1hose cbanges are
reflected in future SMA decisioDS. That recognition also means that if SMA jurisdiction is
expanded e.g., through the r.emoval of historic fill along a shoreline, then the OHWM gets
pulled back to recogni.ze the "new~' shorelino boundary. Partial fill in an associated
wetland would not result in the entire wetland being eliminated from SMA jurisdiction.,.
only in the recognition that the boundary of SMA jurisdiction has changed.
It is our opinion that the Port Ludlow Lagoo~ falls within the I!JCOpe of the prohibirion in
the JeffeTSOn County SMMP for over-water residential constmclion (5.160). Specifically,
"Residential Structures: located on or over man;hes. bogs. swamps. lagoons, tidelands,
ecologically sensitive areas or water areas subj~t to this Master Program." While this ,
body of water may not be a marsh, bog. or S\VlUDp (i.e., a wetland), it is certainly a lagoon;
which Webster's Dictionary defines as - "A shallow body of water. esp. o~ separated
from the sea by sandbanJ or coral reefs." Two culverts maintaj,n a connection between the
lagoon and Port Ludlow :Bay; one culvert has a funt:tioning .tide gate, the other is an open
pipe with a bottom elevation located approximately 0_ J 0 above mean higher high water
(MHHW)- A strong case could probably be made fOt'the lagoon as a tideland because 0.10
feet above MHRW would still get fairly frequent tidal'inWldation. Finally, the lagooA',is a
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"water area" within SMA jurisdiction and, therefore, subject to the Jefferson County
SMMP.
ConclusloDS
While not fitting neatly into readily available definitions, the lagoon is certainly a body of
water within SMA jurisdiction. RCW 90.58.900 directs Ecology to interpret the SMA
liberally to ensure &11 protection of shoreline reso'U,(ces. This requires a more inclusive
'intetpretation of the prohibition. rather than a more restricted interpre~tion. The limited,
or degraded, value of the lagoon ~ fish and wildlife habitat may mean that it should not be
considered as an "ecologically sensitive areas:' but it is still it lagoon, and it is still. a wa~
,'area. There are ~o qualitative limitations on those phrases.
The Port Ludlow Lagoon is a water of the state. and it is in SMA jurisdiction. The
department of Bcology does not believe that over-water, residential construction is an
allowed U$le under the Jefferson County SM:MP. We do,believe, however. that there are
solutions to this situation. We would be very willing 10 evaluate any project alternatives
thllt may be proposed by the Port Ludlow As8oci~tion. '
I hope this letter brings some clarity to this issue. Again, I appreciate the time and effort
put forth by )'Ou and others at Jefferson County to resolve this question. Please feel free to
ask for our assistance at any time as this issue moves fOIWard. I can be reached at 360~
407-0271, Jeflree Stewart, our Shoreline Specialist, at 360-407-6521. or Perry Lund at
360-407 -7260.
Sincer:ely, '
rI:"l /1, ,;:;. n IJ
.~.~
Paula BhJer&
S~ooM~~r ,
Shorelands '.& Environmental Assistance Program
PB:PJL:dn
copy: Marco de'Sa e Silva, Davis Wright Tremaine
Carol Saber, Port Ludlow Village Council
Linda Hoffinan, Ecology
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LUDLOW SAY VILLAGE
A PORTION OF GOVERNMENT LOTS 1 AND 2. SECTION 16, TWP, 28 N., RGE.
JEFFERSON COVNTY, WASHINGTON
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MAJOR REVISION TO RESORT PLAN
1. History of the Proiect. Pope Resources has been engaged in developing a
community and/or resort at Ludlow Bay since the late 1960s. It developed a
condominiums and single family housing around Ludlow Bay. It included recreational
amenities but in each case associated with one of two associations to which the
residential units belonged. It developed the Harbormaster Restaurant with its small
convention centers. It developed a marina and golf course. It developed a small retail
center at the commercial center. During the 1980s and early 1990s, guests occupied
condominiums rented through Pope Resources.
In the early 1990s, Pope Resources decided to expand its resort and residential
facilities. It perfected rights in plats, including the Ludlow Village Townhouse Plat. In
January, 1995, Jefferson County granted interim urban growth area status ("IUGA") to its
property at Ludlow Bay (the "Pope Property"). This permitted residential development
of the Pope Property at urban densities, 4 units to the acre for single family and 10 units
to the acre for multifamily to the maximum density for the entire area provided under the
IUGA. Mr. Loomis challenged the IUGA designation before the Western Washington
Growth Management Hearing Board (the "WWGMHB"). In September, 1995, the
WWGMHB declared that the IUGA violated Chapter 36.70A, RCW (the "GMA")
because the area lacked public services and facilities, and ordered the IUGA
classification rescinded, and ordered that no further urban growth be permitted in
Jefferson County outside municipal boundaries without adequate study and provision for
the requirements of the GMA. As a result, further development in on the Pope Property
was limited to 1 residential unit per 5 acres, the default right.
To permit further development of the Pope Property, Pope Resources lobbied
successfully for extension ofRCW 36.70A.360 permitting master planned resorts with
associated, subordinate and supportive residential development, to its resort. RCW
36.70A.362 was passed in 1998 permitting Port Ludlow and the Pope Property to be
classified as a master planned resort. Jefferson County included the classification of Port
Ludlow and the Pope Property expanded in accordance with conceptual plans submitted
by Pope Resources in the Jefferson County Comprehensive Plan (the "Comprehensive
Plan") adopted in 1998.1
1 Emphasis is made to the concept of significantly integrated and significantly self contained. The resort
and resort amentities are to be the focal point of the master planned resort. Housing is a secondary use
permitted only if it supports the resort. The resort emphasizes transient housing, that is hotel and restaurant
accommodations and the marina, recreational facilities such as indoor tennis courts, museums and nature
centers, youth centers and the like. These are the type of amenities listed in the MPR Code at Section
3.902. The requirement of integration and self containment is both statutory, set forth in RCW 36.70A.360
and 362 but also embodied in the provisions of the Unified Development Code that pertain to the adoption
of master planned resort classification. Attention is directed to Ice 18.15.126 which provides in relevant
part:
18.15.126
Requirements for master planned resorts.
An applicant for an MPR project must meet the following requirements:
LOG r~~WERS MAJOR REVISION TO RESORT PLAN - 1
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(1) Master Plan. A master plan shall be prepared for the MPR to describe the project and
provide a framework for project development and operation. This shall include:
(a) A description of the setting and natural amenities that the MPR is being situated to use
and enjoy, and the particular natural and recreational features that will attract people to the area
and resort.
(b) A description of the destination resort facilities of the MPR, including short-term visitor
accommodations, on-site outdoor and indoor recreational facilities, off-site recreational
opportunities offered or provided as part of the resort's services, and commercial and supportive
services provided.
(c) A listing of the proposed allowable uses and maximum densities and intensities of use of
the MPR and a discussion of how these uses and their distribution meet the needs ofthe resort and
its users.
(d) A land use map or maps that depict the completed MPR development, showing the full
extent and ultimate development of the MPR or resort and its facilities and services, including
residential and nonresidential development types and location.
(e) A description, with supportive information and maps, of the design and functional
features that provide for a unified development, superior site design and protection of natural
amenities, and which further the goals and policies of the Comprehensive Plan. This shall address
how landscaping, screening, and open space, recreational facilities, road and parking design,
capital facilities, and other components are integrated into the project site.
(f) A description of the environmentally sensitive areas of the project and the measures that
will be employed for their protection. For an MPR adjacent to the water and subject to the
jurisdiction of the Shoreline Management Act, a description and supportive materials or maps
indicating proposed public access to the shoreline area pursuant to the Shoreline Master Program.
(g) A description of how the MPR relates to surrounding properties, and how its design and
arrangement minimize adverse impacts and promote compatibility among land uses within the
development and adjacent to the development.
(h) A demonstration that sufficient facilities and service which may be necessary,
appropriate, or desirable for the support of the development will be available, and that concurrency
requirements ofthe Comprehensive Plan will be met.
(i) A description of the intended phasing of development of the project, if any. The initial
application for an MPR shall provide sufficient detail for the phases such that the full intended
scope and intensity of the development can be evaluated. This shall also discuss how the project
will function at interim stages prior to completion of all phases of the project, and how the project
may operate successfully and meet its environmental protection, concurrency, and other
commitments should development cease before all phases are completed.
(2) Development Agreement. A master planned resort shall require approval of a
development agreement as authorized by Article XI of Chapter 18.40 ICC (Development
Agreements), and RCW ;?,Q,ZQB,179 through ;?Q,7QJ~2JQ. Consistent with ICC 18AQ,8~Q(3) and
RCW 36.70B.l70, the development agreements shall be prepared by the applicant and must set
forth the development standards applicable to the development of a specific master planned resort,
which may include, but are not limited to:
(a) Permitted uses, densities and intensities of uses, and building sizes;
LOG Iff~ERS MAJOR REVISION TO RESORT PLAN - 2
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The 1998 Plan concerned principally the expansion of an existing resort from
about 65,000 square feet of resort type amenities consisting of the Ludlow Bay Marina
with associated buildings, the Inn at Ludlow Bay, consisting of a 37 guest rooms, a small
convention area, a restaurant, and a bar, and the Harbormaster Restaurant, consisting of
5,000 square feet occupied by a restaurant, bar, and meeting rooms, to a resort of 498,300
square feet of resort type amenities, consisting of275 guest rooms, 59,000 square feet of
restaurants, 5,000 square feet of bars, 2,500 square feet of retail space, a 22,000 square
foot convention center, 26,000 square feet of indoor tennis courts, 13,500 square feet of
indoor sports and pool complex, 119,000 square feet of underground parking, 7,500
(b) Phasing of development, if requested by the applicant;
( c) Procedures for review of site-specific development plans;
(d) Provisions for required open space, public access to shorelines (if applicable), visitor-
oriented accommodations, short-term visitor accommodations, on-site recreational facilities, and
on-site retaiVcommercial services;
(e) Mitigation measures imposed pursuant to the State Environmental Policy Act, Chapter
4.;,t:?"lC RCW, and other development conditions; and
(f) Other development standards including those identified in ICC 18.40.870 and RCW
12,7.013.,17.0(3).
(3) Formal Site-Specific Comprehensive Plan Amendment. A master planned resort shall
require a site-specific amendment of the Comprehensive Plan Land Use Map to a master planned
resort land use designation, pursuant to the requirements of ICC 18.45.040; provided, that the
subarea planning process authorized under Article VII of Chapter 18.15 ICC (Subarea Plans) and
ICC 18.45.030 may be used if deemed appropriate by both the applicant and the county. The
Comprehensive Plan amendment or subarea plan may be processed by the county concurrent with
the review of the resort master plan and development agreement required for approval of a master
planned resort.
(4) Planned Actions. If deemed appropriate by the applicant and the county, a master planned
resort project may be designated by the county as a planned action pursuant to the provisions of
RCW 43.21C,031 and WAC 197-11-164 and 197-11-168.
(5) Self-Contained Development. All necessary supportive and accessory on-site urban-level
commercial and other services should be contained within the boundaries of the MPR, and such
services shall be oriented to serve the MPR. New urban or suburban development and land uses
are prohibited outside the boundaries of a master planned resort, except in areas otherwise
designated as urban growth areas in compliance with RCW 36.70A.110. [Ord. 7-01 ~ 2 (Exh. B);
Ord. 11-00 ~ 3.4(3)]
I note specific reference to both requirements. The provision was adopted after the MPR Code and
Development Agreement. However, at ICC 18.15.138, it confirms that the MPR Code and the Port Ludlow
Master Planned Resort meet the requirements of a master planned resort. The MPR Code is condified as
Title 17, ICC, without change other than recitals. These are the requirements that are confirmed. They
clearly show the need for urban services and facilities, self containment, integration, the paramount nature
of the resort facilities, concurrency of phases, and subordination of permanent housing to the development
of the resort. PLA's present plan does exactly the opposite. Housing is exalted; the resort is virtually
eliminated.
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square feet of museum and interpretive center, 12,000 square feet of support buildings,
4,000 square feet of youth center, an amphitheater, an additiona1100 vessel slips, and a
yacht club. The Plan foresaw elimination of 40 of 53 townhouse lots and 4 of 5 single
family lots in the Ludlow Village Townhouse Plat (the "Townhouse Plat"). The
residential changes, the amphitheater, and the marina expansion are not included in the
computation of the expansion of the area ofthe resort amenities. Reference is made to
the Final Environmental Impact Statement for the Port Ludlow Resort Plan Revision of
May, 2005 (the "FSEIS") at pp. 1-11-1-14.
In connection with the Resort, Pope Resources obtained the right to develop 259
MERU on the Pope Property. None of the MERU was located in the Townhouse Plat.
The Townhouse Plat was shrunk from 53 townhouses to 13 townhouses. Buildings 400,
500,600, 700 and 800 as well as all development on the north side of the Lagoon were
abandoned for resort facilities.
Jefferson County approved the 1998 Plan by adopting Ordinance 08-1004-99 (the
"MPR Code"). It contains an outline of the resort amenities at Section 3.902. It was
implemented by adoption and entry of a development agreement between Jefferson
County and Pope Resources on May 8, 2000 (the "Development Agreement"). The
Development Agreement contains the MPR Code as an appendix. Together they provide
the zoning and development rules applicable to the Pope Property. Pope Resources failed
to obtain necessary consents from the owners of the lots in the Townhouse Plat and sold
its rights to the Pope Property and under the Development Agreement to Port Ludlow
Associates, LLC in 2001. The Development Agreement's rights and duties were novated
to PLA in 2001.
Since 2001, PLA has conducted some development in the Townhouse Plat. It
developed and constructed 12 townhouse units in buildings 400, 700, and 800. The units
located in buildings 400 and 700 violate the MPR Code, and in the case of building 700,
the associated building permits by allowing construction of garages and living area within
the 20 foot roadway setback. The additionally violate the Chapter 91.17 RCW, (the
"Shoreline Management Act") and the Jefferson County Master Shoreline Program (the
"Program") because each of the twelve townhouse units and their associated buildings
were developed and constructed after the right to develop and construct improvements
under substantial development permit 91-017 (the "SDP") lapsed in 1998. Finally,
building 700 appears to violate the 30 foot setback from high-water vegetation, here from
Ludlow Bay, required for all structures constructed in the shore land by the SMA and the
Program. Despite my notices to Mr. Scalf of the violations and my demands of Mr. Scalf
and Mr. Fischbach to correct the violations, Jefferson County has denied, ignored or
refused to correct the violations or to incorporate that correction into the evaluation and
approval of the Major Revision. I here renew the demand.
The SDP contains environmental requirements that are permanent. These
requirements are legal requirements the violation of which carry penalties, are contractual
requirements and are conditions to the approval of the construction of facilities in the
shore land around the Lagoon including the Inn and Townhouse Plat. For the right to
LO LES POWERS MAJOR REVISION TO RESORT PLAN - 4
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dredge and expand the Lagoon and incorporate same into the storm water system for the
Resort and the Townhouse Plat, Pope Resources agreed to a natural landscape plan for
the curtelage surrounding the Lagoon and for the floor of the Lagoon, agreed to maintain
water quality, and agreed to encourage the natural use of the area by aquatic life and
birds. PLA assumed the obligations of performing the SDP under the Development
Agreement. Pope Resources and PLA violated the requirements of the SDP by failing to
implement the natural landscape plan and by failing to maintain water quality. As a
result, the Lagoon is degraded and according to the Washington Department of Ecology
no longer a significant wetland worthy of protection independently as such. See Letter
from DOE to DCD of October 25,2004 (the "DOE Letter"). PLA has proposed to
execute some of the landscape plan but has not agreed to bring the Lagoon into
compliance with the SDP as part of its Major Revision.
The Major Revision concerns principally the Resort Plan and affects the Ludlow
Village Townhouse Plat and the Admiralty Condominium Plats as well as the contiguous
areas presently dedicated to the Inn at Ludlow Bay, the Harbormaster Restaurant, the
Ludlow Bay Marina and its associated buildings. It proposes to move the Harbormaster
Restaurant to the area now occupied by the marina building and to shrink the year round
component of the Harbormaster Restaurant. It proposes to build a 7,500 square foot
health and exercise facility for the Inn at Ludlow Bay, the Marina, and the 84 residential
condominium units it proposes to develop. It proposes that the existing Townhouse Plat
townhouses be detached from the North Bay Association and attached and contribute to
the new health and exercise facility. It proposes to expand the Marina by 100 slips as
provided in the 1998 Resort Plan. It proposes to abandon the remaining resort facilities
promised under the 1998 Resort Plan.
In place of the resort amenities in the 1998 Resort Plan, PLA proposes to expand
residential development in the Townhouse Plat, in the area now occupied by the
Harbormaster Restaurant, and in an undeveloped portion contiguous to the Admiralties
Condominium Plats. It proposes to add 87 condominium units to the 25 townhouses, 1
single family residence, and 64 residential condominiums in the Townhouse Plat and the
Admiralties Condominium Plats, respectively. Of these units, it proposes to place 64
around the east and north side of the Lagoon. It proposes to abandon residential
development on five of the Townhouse Plat lots, converting them to parking for the Inn.
Those five lots are currently, informally, and illegally used for graveled parking for the
Inn and its workers in conflict with the Townhouse Plat and the SDP. Thus, it proposes
to relocate 64 of its original 459 MERUs to the area of the Townhouse Plat and the
Harbormaster Restaurant, an area immediately contiguous to the Lagoon and served
generally for ingress and egress by Heron Rd.
Jefferson County Department of Community Development ("DCD") has
determined that the proposed revisions to the Resort Plan are major revisions within the
meaning of Section 3.906 of the MPR Code and subject to approval in accordance with
its terms.
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DCD has received substantial comment to the proposal it circulated for PLA in
the form of a draft supplemental environmental impact statement. Certain modifications
have been made in response thereto. None of the modifications have addressed the
design flaws associated with Heron Rd., the safety concerns about the proposed increase
residential density associated with the Major Revision as these affect Heron Rd., the
engineering report that I commissioned and submitted outlining the safety deficiencies
and violations associated with Heron Rd. and the Major Revision, or the violations of
roadway setbacks from Heron Rd. associated with existing townhouse units including
those in buildings 400 and 700. In response to comments indicating that the Major
Revision violated the Program and its bar to constructing residential development over
lagoons and wetlands, DCD and PLA sought an interpretation from the DOE declaring
that the Lagoon is not a wetland and that residential construction is permitted. In its
Letter to DCD, the DOE concurred that the Lagoon in its present state is not a significant
wetland but further concluded that the Lagoon is a body of water over which the Program
does not permit residential development. The DOE further opined that the Lagoon is
tidal and connected to Ludlow Bay and therefore a part thereof. PLA has continued to
oppose the interpretation of the DOE in the FSEIS and by separate correspondence.
Simultaneous with the Major Revision, PLA has proposed two other
developments on the Pope Property. It proposes the approval of a preliminary plat for an
80 lot single family detached residential subdivision at Olympic Terrace II, an area of the
Pope Property zoned for single family detached residential development under the MPR
Code. With Trend West, it proposes approval of the site plan and associated permits
including a substantial development permit for 120 unit "timeshare condominium" resort
upon the remaining 14 Y2 acres of the Ludlow Cove II Plat, a preliminary plat zoned for
58 single family detached residential development in January 1995 and under the MPR
Code when the application for the preliminary plat was filed by Pope Resources with a
conditional use as multifamily residential under land use laws applicable in January,
1995. The undersigned and one other person have filed a LUPA petition contesting the
preliminary Olympic Terrace II Plat and its SEPA compliance principally on the basis of
the failure thereof to deal with the piecemeal residential development of the Pope
Property in connection with the elimination of the resort expansion, a GMA violation, the
violations of the conditions of development implicit under such review, and the failure
thereof adequately to advise the public ofthe landscape plan required with respect to the
implementation and monitoring of the conditions thereto imposed by the Jefferson
County Interim Critical Areas Ordinance ("ICAO") considering the failures ofDCD to
monitor and enforce similar requirements with respect to the SDP and the MPR Code as
applicable to the Townhouse Plat. The undersigned and two other persons have filed
appeals to the appellate hearing examiner with respect to DCD' s classification of the
Trend West Project as multifamily residential under 1995 land use law or as single family
detached residential under the MPR Code and with respect to the piecemealing and GMA
issues raised with respect to the Olympic Terrace II Plat application. The undersigned
incorporates by reference Log Items 36, 95, 94, 93, 87, 108, and 98 from the Olympic
Terrace II Plat and Log Items 119, 159, and 174 from the Ludlow Cove II Plat as these
deal with the legal issues applicable to piecemealing in addition to the argument and
analysis set forth herein.
LES POWERS MAJOR REVISION TO RESORT PLAN - 6
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The development plans included in the FSEIS as modified in the final plans
submitted by PLA to DCD propose to convert the remaining lots in the Townhouse Plat
together with the Harbormaster Restaurant site to 64 condominiums. Access to the
condominiums would be by way of Heron Rd., a common area of the Townhouse Plat
identified therein as Parcel A. The condominiums would be withdrawn from the
Townhouse Plat CC & Rs and Town home Association and made part of a new
association (the "Condominium Association"). The new association and the
condominiums would participate in the Master Association including the Townhouse Plat
Association, the Inn, the Harbormaster Restaurant, the Marina, and the single family
dwellings in the Townhouse Plat. Subject to and owned by the Master Association for its
member owners are three additional common areas, Parcels B, C, and D. These include
the beachfront beyond the lot lines of the Townhouse Association lots and the Inn, the
floor of the Lagoon, a portion of the curtelage of the lagoon, the propane farm, and local
trails. The result ofPLA's proposal will be the formation ofa new plat including the new
condominiums with its own CC & Rs and association, the inclusion of the owners of
condominiums in the new plat in the Master Association and its associated common
areas, and the modification of the existing Townhouse Plat, Townhouse CC & Rs, and
Master Association governing documents so as to reduce the scope of the Townhouse
Plat to 25 town homes, to exclude "building 500" from the Townhouse Plat and the plat
associated with the new condominiums, the inclusion thereof with the Inn as hotel
parking, the modification of the Townhouse Plat and associated CC & Rs to reallocate
the burdens, benefits, including the right to use Parcel A, and voting rights under the CC
& Rs to the 25 town homes uniquely, to modify the Master Association and the benefits,
including the right to use Parcels B, C, and D, voting rights, and burdens thereof to
include the new Condominium Association and its owners, to remove or limit the
membership of the Townhouse Plat lots in the North Bay Association, and to require the
Inn, the Harbormaster Restaurant, the Marina, the single family dwellings, the new
Condominium Plat and the residual Townhouse Plat to participate in the burdens, costs,
and benefits of the 7,500 health facility, apparently, as to the Townhouse Plat and any
further residential development thereon, to the exclusion of the existing rights and
burdens associated with the North Bay Association.
II. Proposed Lot Line Adjustment. PLA apparently proposes with the
approval ofDCD to accomplish its plan by a lot line adjustment to eliminate the lots that
are now platted as single family attached townhouse lots in the Townhouse Plat and
reclassify them in consolidated form either as a parking lot associated with the Inn or as
parcels upon which PLA proposes to construct condominiums. It further proposes that it
will include additional property within the resulting Condominium Plat, property that is
now improved as the Harbormaster Restaurant, a separate member of the Master
Association not located within the Townhouse Plat. It proposes that it may include the
Harbormaster Restaurant, moved to a parcel it owns contiguous to the Marina that is not
currently used for such purpose, in the Master Association in the place and stead of the
Harbormaster Restaurant. By way of reminder, the Master Association owns common
areas on parcels B, C, and D that are used by certain lot owners either within the
Townhouse Plat or on contiguous property that is currently developed on such lots as the
LES POWERS MAJOR REVISION TO RESORT PLAN - 7
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Inn, the Harbormaster Restaurant, and the Marina. No basis is advanced in the FSEIS or
by DCD or PLA to support the notion that it has merely adjusted lot lines in
accomplishing all of the changes identified in its proposal and outlined herein. PLA with
DCD's approval seeks to accomplish these various plans by means ofa lot line
adjustment to avoid according persons owning interests in the Townhouse Plat with the
rights of approval of modifications to a plat and to CC & Rs set forth in RCW 58.17.212
and 58.17.215 and confirmed with respect to such persons by the Development
Agreement at Section 3.15.2.2 By this reference, the undersigned calls for the Hearing
Examiner to consider the requirements thereof in evaluating the proposed Major
Revision.
There are several problems with the analysis advanced by PLA and accepted by
DCD that a lot line adjustment can create a new plat and modify fundamentally an
existing plat. First, there is a fundamental problem with the way PLA and DCD read the
exception. As a rule of statutory construction, exceptions are read narrowly in derogation
of the statute. Moreover, where the statute protects rights or accomplishes or executes a
public purpose or policy, the narrowness of the exception is emphasized, the narrowness
of the exception is emphasized. Looking to the purpose of the statute, it is clear that the
Legislature intended to protect persons who own interests in plats from revisions or
modifications or partial vacations thereof which would affect their interests. It did so by
requiring the proponent of the modification to obtain as cosignatories to the application
for modification a majority of the persons owning interests in the plat. As to partial
vacations, it permitted the owner of the affected parcel to be withdrawn from the plat the
right to vacate. Further, it recognized a second tier of contractual rights running with the
plat. These are the rights embodied in the CC & Rs. If the proposal to modify or to
vacate would result in the violation of the terms of otherwise applicable CC & Rs, the
proposal requires the joinder of all of the persons owning interests in the plat. This
requirement that the proponent obtain consent is recognized as a vested right of owners,
not a right as incorporated in the CC & Rs of owners to vote by number of lots owned.
This requirement is clearly indicative of the importance that the Legislature placed on
vested property rights of owners and the restriction it placed on those who would modify
those rights. The right is further recognized by Jefferson County and PLA in the
Development Agreement. Given the bias in favor of the requirement that those who have
purchased interests in property subject to a plat should be required to approve the
modification thereof, the exception for lot line adjustments must be seen as a narrow
exception to permit ad hoc changes in the size or shape of lots within a plat subject to the
retention of the original purposes and conditions of such plat. The exception is not an
excuse to avoid the rule itself requiring approval of affected landowners who generally
acquired from or through the person who advocates the change. The narrow reading of
the rule and broad reading of the exception, even if it applied would clearly abridge the
2 Mere lot line adjustments are exempt from the requirements ofRCW 58.17.212 and 215, both of which
contain an exception "except as provided in RCW 58.17.040(6)". RCW 58.17.040(6) provides: "a division
made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both,
which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site,
or division which contains insufficient area and dimension to meet the minimum requirements for width
and area for a building site."
LES POWERS MAJOR REVISION TO RESORT PLAN - 8
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purpose of the Legislature and Jefferson County in adopting the rule. The exception is
not supposed to be an end run around the rule. Here, however, PLA and DCD cannot
show that they are within the actual language of the exception because the proposal they
make extends far beyond a lot line adjustment.
The language of the exception does not support PLA's position. The exception
contains two exclusions, one for a lot line adjustment that would create any additional lot,
tract, parcel, site, or division" and one for the creation of a lot, tract, parcel, site or
division which contains insufficient area and dimension to meet the minimum
requirements for width and area for a building site". As a matter of statutory
construction, the exclusions from the exception must be construed liberally because they
enhance the rights granted under the statute to which the exception relates. The first
exclusion clearly applies. The result of the lot line adjustment will be incorporated into a
new division, a new plat, with its own CC & Rs. Because the result of the division does
not divide internal parcels within the division but divides the plat into three separate
divisions, the existing plat, a new plat for condominiums, and a parcel that is joined with
the parcel upon which the Inn is located as part of its parking, it violates the first
exclusion. New land divisions ultimately result from the boundary line adjustment.
Accordingly the exception in RCW 58.17.040(6) does not apply and the proposal is an
alteration subject to Chapter 58.17, RCW and, particularly, RCW 58.17.215.
The requirement that PLA proceed through a formal plat alteration is confirmed
by MPR Code Sec. 3.903. It provides in relevant part: "For any subdivision that has
been approved and recorded, but only partially developed, a plat alteration shall be
applied for and processed as set forth in state law and in applicable county ordinances."
It is absolutely clear that the proposed "lot line adjustment" is in fact a "plat alteration".
Such alteration must be pursued under RCW 58.17.215. It requires as proponents a
majority of the persons owning an interest in the Townhouse Plat.
I understand that DCD has been advised that Crispin v. City of Seattle, 149
Wn.2d 896, 900-902, (2003) may provide authority that the proposed transaction may be
accomplished as a boundary line adjustment exempt from Chapter 58.17 and,
particularly, RCW 58.17.215. Such is not the case. Crispin, supra, decided that
boundary line adjustments that did not create additional parcels were exempt from
Chapter 58.17 RCW without regard to the materiality of the adjustment. There, the issue
was whether a lot line adjustment among three parcels that resulted in existing structures,
there four condominium buildings, being located on two parcels and an additional vacant
building lot created a legal lot. The Court concluded that because no new lots were
created and no lot was created that was not otherwise buildable the lot line adjustment did
not require consent by the City of Seattle or compliance with Chapter 58.17, RCW.
There were no issues other than consent by Seattle and the effect of the boundary line
adjustment itself. The lots and use that resulted were otherwise legal and useable for the
proposed purpose. See also discussion of Crispin, supra, consistent herewith, in
Crawford v. City of Shoreline, 126 Wn.App. 1011 (2005), unpublished.
LES POWERS MAJOR REVISION TO RESORT PLAN - 9
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What distinguishes these facts from those in PLA's proposal is that the assuming,
arguendo, lots may be combined, they are not legal lots for purposes of building
residential condominiums because the plat itself is restricted to single family attached
dwellings, townhouses. Residential condominiums cannot meet the requirement of one
lot one residence that is included in the CC & Rs, themselves incorporated conditions to
the conditions of the plat itself. The proposal to remove five (5) such lots from the plat,
combine them with another parcel, and change their legal use from townhouses to a
parking lot for the hotel also goes beyond merely adjusting boundaries. Again, the plat
does not permit the use of the lots as a parking lot for the Inn. The plat by its terms only
vests lots and their owners with a property right in Heron Rd. The owner of residential
condominiums is not the owner of a lot for that purpose. Such an owner does not have
legal access to Heron Rd. other than as a member of the public, certainly not enough to
provide insurable title. The boundary line adjustment, even if legal, does not create lots
upon which the proposed project can be built and which will result in legal lots with legal
right of ingress and egress.
The CC & Rs, all incorporated as conditions to the face of the plat set forth voting
rights, assessments, participation in the master association, participation in common
areas, duties of the declarant to provide subsidies, and the like based upon the
development of fifty three (53) town homes on fifty three (53) dedicated town home lots.
Condominium owners can never meet the legal requirements of participation in the CC &
Rs and hence in the plat and its rights in the common area. The master association also
owning other common area rights has restricted membership that includes lot owners and
parcel owners of existing parcels but not condominium owners. PLA recognizes the need
to replat the subject property, provide it with its own CC & Rs, and association, and
engraft that association into the master association. These various changes require
changes in the plat because the plat itself includes as its conditions the existing CC & Rs.
Providing both for the Town home Association and the Master Association. Even
removing the reconfigured property affects the existing plat because of the provisions in
the CC & Rs compelling the declarant to subsidize the Town home Association costs
until a minimum number oflots are sold. Eliminating the lots from the Town home Plat
make impossible ever reaching that minimum.
In summary, the proposal makes changes to the face of the plat, including the CC
& Rs incorporated therein as conditions, beyond the effect of a simple boundary line
adjustment. Accordingly, Crispin, supra, that deals solely with the effects of a boundary
line adjustment does not apply. Crispin, supra, simply cannot be read to allow all
changes after a simple boundary line adjustment contemplated thereby in isolation from
the boundary line adjustment itself. Such a reading would eliminate the basic rule in the
statute calling for consent by the persons owning interests in the plat when alterations
thereto are made.
III. GMA Violations. The core problem raised by the Major Revision is that it
creates a situation in which the Pope Property no longer qualifies for urban density under
a master planned resort classification. Urban development is permitted in only three
situations: (1) where the area is classified as an urban growth area; (2) where the area is
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classified as a planned unit development; and, (3) where the area is classified as a master
planned resort.
As noted, Pope Resources attempted to obtain urban growth area classification in
1995 and that classification was denied by the Western Washington Growth Management
Hearing Board because the Pope Property lacked urban services and facilities. The
deficiency forming the basis of such decision continues. As confirmed by the County
Sheriff, there are not adequate personnel to provide police protection to the Pope Property
with its current population and that situation will be adversely affected by continued
expansion of the population as contemplated by the Development Agreement. The
question of adequacy of facilities and personnel has not even been proposed to the Fire
Department. However, its response to the Admiralties fire earlier this year clearly shows
that it does not have sufficient personnel and equipment adequately to respond to such a
fire. It is obvious that there is no medical and elder care support. Retail support is
minimal. Roads have been built without compliance with minimum Jefferson County
standards and without attention to pedestrian ingress and egress. The unsafe condition of
Heron Rd. has been described in an engineering report that the undersigned submitted in
response to the proposed FSEIS. Clearly, the requirements ofRCW 36.70A.l10(3)
cannot be met ten years after the Western Washington Growth Management Hearing
Board decision confirming same.
Neither Pope Resources nor PLA have attempted to obtain classification of the
Pope Property as a planned unit development. A review of the requirements shows that
such classification would not be available. There is a requirement that the infrastructure
be provided for. There is a further requirement that there be a mix of uses to provide
jobs, housing and services to the residents. There is a requirement that there be
affordable housing. None of these requirements are met for the Pope Property. See
RCW 36.70A.350(1)(a), (d), (e). If there are no public services and public facilities that
would meet the requirements of RCW 36. 70A.11O (3) and no plans to provide same, then
the area cannot qualify as a planned unit development.
Pope Resources and PLA rather have persuaded Jefferson County that the resort
amenities at Ludlow Bay with enhancement promised by Pope Resources meet the
conditions of a master planned resort within the meaning ofRCW 36.70A.362 and as a
result permit urban development. Jefferson County reviewed the proposal and concurred
that as the resort was proposed in expanded form, it would support an additional 459
MERUs. That was based on a resort of 498,300 square feet of resort type amenities.
Now, as part of the Major Revision, PLA seeks to reduce the scope of the resort to
approximately its 1995 level that is less than 65,000 square feet.
A review ofRCW 36.70A.362 shows why this reduction is fatal and places the
Pope Property in violation of the GMA. To be a master planned resort, an existing resort
must be developed "as a significantly self-contained and integrated development that
includes short-term visitor accommodations associated with a range of indoor and
outdoor recreational facilities within the property boundaries." Master planned resort
classification permits other uses, including "other permanent residential uses.. . supporting
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the resort" but only "if these other uses are integrated into and consistent with the on-site
recreational nature of the resort." Classification of an existing resort as a master planned
resort is permitted only if the comprehensive plan identifies the development policies
thereof.
Counties that are required or choose to plan under RCW 36.70A.040 may include
existing resorts as master planned resorts which may constitute urban growth outside of
urban growth areas as limited by this section. An existing resort means a resort in
existence on July 1, 1990, and developed, in whole or in part, as a significantly self-
contained and integrated development that includes short-term visitor accommodations
associated with a range of indoor and outdoor recreational facilities within the property
boundaries in a setting of significant natural amenities. An existing resort may include
other permanent residential uses, conference facilities, and commercial activities
supporting the resort, but only if these other uses are integrated into and consistent with
the on-site recreational nature of the resort. Such policies must preclude further urban
and suburban development outside the boundaries of the master planned resort unless the
subject area otherwise permits urban growth. See RCW 36.70A.362. Jefferson County
outlined its understanding of these requirements in the requirements of a master plan set
forth in JCC 18.15.126. These specifically required that the transient accommodations
outnumber residential accommodations and that residential accommodations be permitted
only if they support the resort. JCC 18.15.138 confirms that the Pope Property as
proposed qualifies under these requirements as a master planned resort.
However questionable the initial determination that the Pope Property as planned
qualified as a master planned resort within the meaning of RCW 36.70A.362, the
elimination of the resort amenities clearly disqualifies the Pope Property for further urban
development as a master planned resort. There is no relationship between the Trend
West development and the resort. By admission of the proponent it is self contained and
does not contribute recreational amenities to the public. It is reserved for members of its
club. There can be little question but that the 80 lots at Olympic Terrace II do not
support the resort. They are single family units available to their owners. They do not
add to the inventory of transient housing for the resort. Even the proposed condominium
development is unlikely to support the resort. The residences will sell for amounts in
excess of $300,000. Persons spending those amounts are not likely candidates for
placing their valuable property in the hands of the Inn as a transient housing reserve. The
Inn was not even able to continue the interest of the owners of the units in the
Admiralties as a transient housing reserve. Those units generally do not carry the value
of the new condominium units. How then do such units that were not even part of the
plan for resort development promised by Pope Resources in 1999 do anything more than
turn the area dedicated to resort development into residential use? It is a little hard to
argue that a 37 unit hotel that is rarely full is sufficient to justify more than 60 new
condominium units that are not only unlikely to be available to the Inn as a transient
housing reserve but under current operation are not even needed by the Inn. The idea of
allowing a resort to permit urban development reflects the plan of the Legislature to
permit job growth, particularly in areas hit by the spotted owl shutdowns. When PLA
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shrinks the resort, it eliminates job growth, the only basis for allowing urban growth
without accompanying urban services and facilities.
Even Jefferson County understands that master planned resort classification does
not carry with it a free pass from the provision of urban services and facilities. It includes
a requirement for just such development within the resort in JCC 18.15.126. It provides
that the master plan must demonstrate "that sufficient facilities and service which may be
necessary, appropriate, or desirable for the support of the development will be available,
and that concurrency requirements of the Comprehensive Plan will be met." It further
requires that the master plan show the interim stages prior to completion of the project
and show how the project will function through such stages and how the project will meet
its requirements of environmental protection, concurrency and other commitments if the
development ceases prior to completion. See JCC 18.15.126(1) (h) and (1). JCC
18.15.138 confirms that the Pope Property under the MPR meets these requirements. The
proposed Major Revision does not meet such requirements. It does not meet the
concurrency requirement of developing infrastructure and residential simultaneously. It
does not show how the project can become more than unregulated urban sprawl without
the resort upon which it was based. It does not show how the public services and
facilities will be provided. In short it is impossible to see how this can be the case in the
face of confirmation by the County Sheriff that it does not and in the face of the 1995
Western Washington Growth Management Hearing Board decision that these
requirements are not met at Ludlow Bay.
PLA and DCD have proposed each of the projects, Olympic Terrace II, the Trend
West project, and the Major Revision separately as if they do not impact one another.
This is piecemealing prohibited under SEP A. It also is an attempt to slide out the resort
facilities under the radar screen by separating the proposed phases and denying that there
is any requirement to build the resort. PLA' s representative and the representative of
DCD have so opined in open hearing. Yet, without the resort expansion, the urban
development would have been illegal under the GMA and under the 1995 Western
Washington Growth Management Hearing Board decision. Approval of a master planned
resort cannot be the end of the inquiry. It must continue to function as such. Ifit no
longer functions as a master planned resort, future residential development must be
allowed only consistent with default densities, here, one (1) residential unit per five (5)
acres.
IV. Health and Safety Concerns. I have dealt with the health and safety issues
respecting the proposal in prior filings on the draft supplemental environmental impact
statement and incorporate them herein. Therein, I filed a copy of an engineering report
produced by Ed Stevens and Associates, a civil engineering firm specializing in road
design. It concludes that Heron Rd. was never built in accordance with applicable
requirements for private roadways in a subdivision. It does not contain adequate width.
It also does not provide for pedestrian access. The report further concluded that the
proposed build out on the west and south side of Heron Rd. would render Heron Rd. even
more unsafe. The concerns set forth in the report are consistent with the requirements in
the MPR Code that there be a twenty foot setback from the roadway to any single family
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residential units. The developer with the knowledge of Jefferson County ignored the
setback requirement with respect to the units in buildings 400 and 700. As a result they
have no safe means to drive from the attached garages onto Heron Rd. I have repeatedly
brought this violation to the attention of Jefferson County only to be ignored or refused.
One answer is that I receive the benefit of the garage. I also paid for the garage and the
developer received extra compensation for the garage. Now the developer wishes to
worsen the already unsafe condition by building units across Heron Rd. within the
setback. It seeks to avoid the violation by recharacterizing the units as multifamily.
Legal characterization is not a substitute for safety. Jefferson County is already liable for
any accidents that occur as a result of the violation of the roadway setback because of its
participation in the knowing violation. Is there some good reason to enhance the risk and
liability by increasing the danger rather than resolving the issue in favor of the safety of
the affected community?
The risk along Heron Rd. is not limited to pedestrian and vehicular traffic. It also
affects public safety vehicles. Heron Rd. is too narrow to support parking. When owners
use their units, they must park at least temporarily to load and unload. What happens if
there is a fire or other emergency when loading and unloading occur? How will
emergency vehicles access the units along Heron Rd.?
The fire earlier this year in the Admiralty units is a wake up call. Two buildings
were destroyed. Only by good fortune was no one injured. The heat within the area
enclosed by the building was intense enough to melt window and other coatings and too
intense to permit access by emergency vehicles. The same issue already faces the units
near the hotel. If units are built along Heron Rd. the entire roadway becomes
inaccessible to emergency vehicles if there is a major fire. Moreover, if the fire started
along the beach side as did one earlier this year, the fire department has no equipment to
fight it. The proposal submitted by PLA is unsafe and should be rejected as such.
Jefferson County has a paramount obligation to concern itself for the safety of its
residents over the enhancement of its tax collections. It is required to look to health and
safety issues at Ludlow Bay under its development agreement with PLA. It does not do
so by approving unsafe designs merely for the convenience of the developer and the
enhancement of the tax base.
The proposal constitutes a violation of health and safety related concerns
applicable to Ludlow Bay in the Comprehensive Plan. The Comprehensive Plan requires
health and safety related concerns in LNG 25.0. I note specifically the requirement of
"provision of urban-style services", the requirement for "affordable housing" and
"assisted living care facilities". See LNP 25.2 and 25.5. Urban services include "public
services and public facilities at an intensity historically and typically provided in cities,
specifically including storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public transit services, street
improvements such as sidewalks, curbs and gutters and other public utilities associated
with urban areas." Reference is made to the requirements of the GMA, at RCW
36.70A.030. See Comprehensive Plan, p. G-17. While some of the services are present
others are notably absent. These include adequate fire and police protection, street
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cleaning service, sidewalks, curbs and gutters. The absence of sidewalks along Heron
Rd. constitutes a present risk particularly considering the roadway setback violations.
Here, it is not good enough to say with Ms. Lumsden that we made mistakes in
the past but should be allowed to go forward without correcting the dangers created by
those mistakes. Ms. Lumsden made this comment to an inquiry by Appellate Hearing
Examiner Galt about the correction of safety and environmental violations that I
addressed in my argument. She did not deny that Jefferson County had been lax in
enforcement or that PLA and its predecessor had not committed the violations. She
merely suggested that the adverse effects of the violations should not be the concern of
the government agency to which enforcement is entrusted. This attitude reflects a culture
of indifference of DCD and its agents to the health and safety of residents in the Ludlow
Bay area. It should not be permitted to continue.
In summary, the proposal inadequately deals with the correction of past
deficiencies of the development in the area of health and safety. It exacerbates an already
dangerous situation that Jefferson County has an obligation to cure.
V. Environmental Issues. SDP 91-017 contains various conditions respecting the
landscaping of the lagoon and the maintenance of water quality. Those conditions have
not been met. Natural cover has not been planted over the curtelage to the lagoon to
provide a loafing area for aquatic birds. Water quality and temperature are not
maintained. The lagoon blooms in the summer because the water is allowed to over heat.
The lagoon is part of the storm water system for the Inn, Harbormaster Restaurant and the
impervious parking areas surrounding them. The condition to its expansion and use has
been its preservation or development as part of the habitat for aquatic fowl, fish and
shellfish. This obligation has not been met. In fact, the DOE recognized that the lagoon
was sufficiently degraded so that it would not qualify as a significant wetland. The
problem with the position is that the reason the lagoon is degraded is the violation of the
conditions of SDP 91-017 by Pope Resources and then by PLA its successor.
PLA recognizes that SDP 91-017 has not been performed. It makes limited
promises to cure deficiencies. Unfortunately, the promises are not enough. The water
condition will be worsened, not improved, by addition of the proposed condominium
units around the lagoon and by conversion of five (5) of the lots from an informal parking
lot to an asphalt covered parking lot. The amount of impervious cover contiguous to the
lagoon will increase through PLA's proposal. This means more effluents and oil wastes
and other contaminants entering the lagoon and through the lagoon into Ludlow Bay. It
also means less area will be available as a loafmg area for aquatic fowl. With the Inn, it
is difficult to see how 50% of the curtelage of the lagoon is or can be left in natural cover.
Thus, the proposal continues and accelerates the process of degrading the lagoon and
converting it into dead water, certainly not the intent of SDP 91-017. What must be
remembered is that SDP 91-017 was built around a less dense urban development in the
area of the lagoon than now promoted by PLA. Even with that density and without
building out all thereof the lagoon was not properly designed to protect water quality and
not properly developed according to the terms of SDP 91-017. The current proposal
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threatens to complete the disaster. Mitigation is required here; not acceleration of
violations that degrade the lagoon. Remedies are available to Jefferson County. Permits
may be rescinded. They need not be granted. Damages may be assessed as to the public
and neighboring property owner. Here, Jefferson County has done nothing and has
shown no indication that it is willing to enforce the law against PLA or its predecessor,
Pope Resources. This is not a free pass issue. Jefferson County needs to bring Port
Ludlow into compliance with environmental laws.
Notwithstanding the DOE response of October 25,2004 to DCD declaring that
5.160 thereof. That Section states: "Prohibited Uses and Activities 1. Residential
structures located on or over marshes, bogs, swamps, lagoons, tidelands, ecologically
sensitive areas or water areas subject to this Master Program." What words are difficult
to comprehend. There is no comma between "water areas" and "subject to this Master
Program". The proper reading is that the "subject to" clause relates only to "water areas"
and not to the other items listed. Thus, lagoons stands alone. Residential building over
lagoons is not permitted under Jefferson County's Program.
And what response has PLA to the opinion of the DOE. It has twice sought to
persuade DCD to ignore the advice given it by DCD, once immediately after receipt of
the letter and again in June, 2005 through its counsel. It now seeks to have the Hearing
Examiner construe local law so as to permit it to build over the lagoon. If it cannot build
over the lagoon, an act prohibited long before Pope Resources applied for the plat, the ten
sites on the east side ofthe lagoon are unbuildable a conclusion reached by the Jefferson
County Assessor and enjoyed by PLA. The problem is even more acute. The DOE
opined in the last paragraph of its letter to DCD that the lagoon is tidal and part of
Ludlow Bay because it is connected to Ludlow Bay by pipe and shares water at mean
higher high tide. Given that it is tidal, the setback requirement under the SMA and
Program is thirty (30) feet from high water vegetation. See Program, Sec. 5.160
"Performance Standards" at Sec. 9. Since the lagoon is tidal, the proposal cannot be built
in accordance with the proposal made by PLA. Moreover the proposal cannot be cured
by a free pass from the Hearing Examiner. It violates the SMA itself. It fails on a
fundamental basis that removed from Jefferson County the ability to cure the issue by
ignoring it. To the extent the proposal provides for building over the lagoon or within
thirty feet of high water, it violates Washington law and must be rejected.
I realize that PLA seeks to have Hearing Examiner Berteig construe the lagoon as
a decorative pond not entitled to protection. This seems to me to be an indirect way to
ask for a variance. Here, I do not believe the requirements are met. The Program
provides that variances may be granted as "deviation from design standards". It
specifically prohibits "uses which are prohibited within a shoreline environment" without
an amendment to the Program. See Program, Sec. 7.10. PLA's proposal clearly is not a
proposal to amend the Program. That would require a procedure compatible with RCW
90.58.190 and Section 8 of the Program. Variances are only permitted landward of
bodies of water if the applicant meets the six criteria of Section 7.104. For a waterside
variance, in addition to the six criteria, the proponent must show that strict compliance
with the requirements precludes reasonable permitted use of the property and that rights
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of navigation and public use of the shore land will not be affected. See Program, Section
7.103(2). A variance does not trump a prohibition. If the action is prohibited, it cannot
be cured with a variance. A variance meets design requirements.3
Here, the "interpretation" or "variance" sought is a variance from an absolute bar
on constructing residential improvements over water, here, over lagoons. Further,
because the body of water, the lagoon is tidal, the shoreland and the public's right must
be protected. Building condominiums over half of the shore of the lagoon does not
protect public access and use to the shoreland and, in fact, interferes with it. It also is
incompatible with other permitted activities in the area, namely enjoyment ofthe
environment around the lagoon that must be open to the public. See Program, Section
7.104(2). PLA cannot show hardship. All it can show is that it cannot build a
3 Mr. De Sa e Silva by letter dated June 23,2005, to Mr. Scalf, urges that the conditions
to SDP 91-017 be revisited under authority ofRCW 90.58.143(1). RCW 90.58.143
establishes the basic two year term to commence construction and five year term to
complete construction of a project within the shoreland under a shoreline substantial
development permit. RCW 90.58.143(1) permits local government to adopt different
time limits than the two ansd five year term ''upon a finding of good cause, based on the
requirements and circumstances of the project proposed and consistent with the policy
and provisions of the master program and this chapter". Mr. De Sa e Silva's argument
fails for two reasons, First, the proponent, then Pope Resources did not petition local
government for an extension within the construction periods provided by RCW
90.58.143(2) or (3). As a result, the construction periods were not extended at all; they
lapsed after their initial term. There is no basis to suggest that local government can
resurrect rights that have lapsed under an shoreline substantial development permit.
WAC 173-27-100(3) recognizes this proposition. Revisions to a permit cannot extend its
term. WAC 1 73-27-090(2)(a) and (b) and 173-27-090(5) recognize this proposition.
Revisions after the end of the construction period can occur; they cannot extend the term
of the construction under the permit. Second, the revision must be consistent with the
Program. Here, PLA requests that the condition of the Program relating to building over
or near water be waived for this project or that the condition to the enhancement and
maintenance of the lagoon be waived. Both requests violate specific provisions of the
Program or its policies. See Program Section 5.160 relative to building over water and
setbacks and Section 1.20 second paragraph, penultimate sentence, relative to the overall
purpose of protecting waterways and the public use thereof over the interests of
development. The relevant language is "The legislature further finds that much of the
shorelines of the state and the uplands adjacent thereto are in private ownership and that
unrestricted construction...is not in the best public interest." I address this matter to
focus attention on the distinction between public interest and private interest that is core
to the SMA and to distinguish between public interest and increasing the property tax
base that may be confused therewith. See also dissenting opinions of Justices O'Connor
and Thomas, in Kelo v. New Bedford, (S.Ct. 2005) that are relevant here. Those views
were sufficiently persuasive that at least one house of Congress has passed legislation
forbidding the use of federal monies in connection with condemnations for private
developers.
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condominium as designed on the lot. This is not the same as showing that there is no
reasonable alternative design. To show hardship, PLA would need to show that the
design is otherwise buildable. It cannot even show this for reasons discussed above
respecting the proposal and the "boundary line adjustment". PLA has not shown the
relationship between the requested variance and other grants of variances or the obvious
appearance that PLA seeks special status. See Program Section 7.104(1), (3), and (6). It
has not shown that the variance is in harmony with the Program. See Program Section
7.1 04( 5). PLA has not shown that the public will suffer no detriment. See Program
Section 7.104(4). Finally, ifPLA wishes to have an interpretation of the ordinance, it
should seek an interpretation pursuant to Article VI, Chapter 18.40, JCC or Ordinance 04
0828 98, Chapter IV. By following such procedure, the request would be highlighted and
community response would be facilitated. PLA has not sought such relief. Accordingly,
whether PLA's request is for interpretation or a variance of the rule prohibiting
construction over water or prohibiting construction within the thirty foot high water
vegetation line of the lagoon, it must be denied.
VI. Property Taxes. I think consideration must be addressed to the motivation of
DCD to favor development over protecting the community at Ludlow Bay. The issue of
enhancement of the property tax base suggests itself. Presently, PLA has proposals with
Jefferson County for the development of about 260 MERU. Fully built, these would
generate gross property tax revenues of about $1,000,000 per year based on an average
value of $350,000 per MERU and a tax rate of 1.13%. I do not have data to deal with the
disposition of these sums. They are at best a rough approximations; they depend on
actual assessed values. However, they are illustrative of the problem. They do show a
significant benefit inuring to Jefferson County should the proposed build out occur. The
problem of course is the cost of the build out. Jefferson County is bound under its
Development Agreement to provide at least fire and police protection. We know from
the report of the Sheriff s office that such protection is not being funded or provided.
The sheriffs department is currently at least three (3) officers short for Ludlow Bay. At
projected build out, it will be five (5) officers short.4 I think the fire in the Admiralties
showed that the Fire Department does not have the ability to handle significant fire
problems in at Ludlow Bay. Its additional cost is speculative. I have seen nothing where
Jefferson County as a condition to the proposal or its approval has agreed to invest the
additional cost of providing the police and fire protection that it is required to provide.
The additional tax revenues are clearly a plum to Jefferson County if it never is required
to reinvest the tax revenues in the public services and facilities it is obligated by contract
to provide at Ludlow Bay. Given the history of the build out to date, it is unconscionable
if the generation of tax revenues continue without a commitment to provide public
services and facilities.
VII. Conclusion. In summary, the proposal is fatally flawed and should be rejected. It
violates the plat and CC & Rs. The violation cannot be cured with a boundary line
adjustment because the terms of the plat itself are affected. It continues PLA' s violation
4 See, for example, item 23, log to SUB05-0004 Ludlow Cove 2. The population figures are contained in
the Development Agreement at Table 3-1.
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of the terms of RCW 36.70A.362 conditioning the development of residential housing at
Ludlow Bay on the development of a resort expansion. The Major Revision eliminates
the resort expansion. It does not cany with it any obligation on the part of Jefferson
County to bring in adequate public services and facilities. The sheriff has spoken to the
program by indicating its lack of ability to provide police protection. The ex fire chief
confirms that beach side fires cannot be fought. The program worsens an already unsafe
condition along Heron Rd. The project does not cure existing violations and continues to
violate environmental law applicable to development along a body of water, the lagoon.
The project, in short, is a continuation ofPLA's program of developing urban housing at
Port Ludlow without developing public services and facilities and Jefferson County's
continued support of PLA and its predecessor in that regard. Violations that exist must
be cured. Jefferson County can no longer give a free pass to the developer to do at
Ludlow Bay whatever it wishes. Ludlow Bay is the second largest urban area in
Jefferson County. It requires urban services, not a diversion of its property tax: revenues
elsewhere in Jefferson County. For reasons set forth herein, PLA's proposal must be
rejected.
DATED this 4th day of November, 2005.
.~4~
Leslie A. Powers
44 Heron Road
Port Ludlow, W A 98365
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JEFFERSON COUNTY /
SHOREUNE SUBSTANTIAL DEVELOPMENT PERMIT
WASHINGTON STATE SHOREUNE MANAGEMENT ACT (RCW 90.58)
PERMITTEg; Pope Resources
DATE ISStJE1): Hay 1.1", 1993
'1'YPB OF ACTION: General
TYPE OF U~E: PriJa.ary , Secondary, ~ondi'tiona.1.
CASE NUKBER: SDP91-017
APPLICATION DATE: August, 7, 1991.
'PROPOSAL:
A residential, cODU\\ereial, and recreational development: consistinq
of the following:
* A 36-roo1'll hotel;
* 5 detached single family residences a~d 53 attache.d single family
residences in 14 lllul t.i -unit structures; , .
~ · Road-ways and 367 parking' spaces;
* Util.ities, including lIater, e.lectrical. power,. and sanitary saver;
* 500 ~ic yards of rip rap shore defense vorks;
~* Marina. 1'llodifications including a new lDanaqer's buildin9'1 neW
:t:estrooms and ~a.undry, new fuel and pr~pane tanks located. between
the marina and the pond, and remova.l of an axi$ting })Qat l.a~ch;
?='i\l* Landscaping and recreational ueni,.ties inclu.ding construction of
. vegEltated. art;i:fieial dunes on the' southerly -portion _ of .the_spi t, ___
trails and a pedestrian bridge, ouj:door sport courts, and expansion
of the. exi$tingponcl.; .. .
~ Approximately 45,000 cubic yards of excavation.. grading and
fiJ.1in9 inc1.udinq 25,000 cubic yards for pond expansion; .
* Tem.porarY and permanent. soil erosion control 'and storm. water
:management system;
· Directional and informational signs;
.. Outdoor "lighting; and. I I
~* 10.5 aqres of undeveloped open space.
'i'be Inn 'Would ,be a.. three-story, WQod frue $truct:.ure that would
include a manage.r's,..r'esidence. lts maxil1t1.Ull heiqht would be 52 fe.et.
It would have a foot print of 11.,345 square feet and total sqUare
footagQ of 34; 1.7]. square feet. Its design. would .ineluda the
following fire a.nd life safe.ty features: qulclt-rasponse sprink1e.r
headsj auto.a.tic alarm notice to Fire. District. #3; tuper
protection for the a~'tomatio sprinkler syste:m.; hose cabinets at
each floor; d.iesel venerator baCk-Up power som:ce, an indicator
pane~ ~or a.~l bui14incJ safe.ty systems; smoke detection on BVA.c
system.s 1 a stairvell t.o the roof; and a vet-sprinkler in the
covered drive-through. The. propctne.nt also rOl)Oses p111M
~tatf tJ:'aining- in order 0 na e. rapJ.d rli)Spon em encies ·
'.
O. r '\ / Hl ()
./ l. J ).,
. Srx,iY
- LOG ITEM
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"
. .
~ .-
. ..... ...... -_. .
r
Shoreline. Substan~ial Developlllent. Permit
SDP91-017
Pope Resources
Tb.e existing Jlan-made pond covering 1." ac~es would be enlarged to
2.2 acres. A pUlllp would .upply wi'th vater from Ludlow Bay in order
to aaintain a constant sali~i~y.
A new 800 square., foot marina aa.nag'er's office would be constructea.
.id".y betveen the exist.inq of"fice and the Inn site., The exist:i~-
office vQ111d 'be dUlOli$hed and re,p1.aced with new restroO'ms and .
laundry facilities on the same site.
The ~istin9' underground fuel and propane ta.nk:s - ,",ould "be r~oved
and n-aw 't.an)c:s would be located adjacent to the manaqer's office in '
a containment bunker. '
Exterior light.ing fiXtures woUld employ hoods, shades, or o-tber
techniques t.o direct. U1Ulllinat.1on on't.o the immediate area where it
1. needed. Liqht standard$ in parking area~ wou16 no~ exce.ed 10~
feet in beight. x.ig-ht fixtures along pedest:r1.l!l1'1 Wa.1JcwClYS would not .
exceed 4- feet in heig-ht. Ho colored l.1:Qhts would be used except for
boliday occasions. .' .
util.ities 'Would be installed underground.-
LEGAL DEScarP~IONt . .
~e proposal sl~e co~prisas 17.5 acres' adj~cent to tb~ existing
Jllarina and resort at port ,Ludlw and is des.cribed as pqrtions of
Govermaent 1.01;$ 1 and 2 in Section J.6, Township 28 North, Rang-e 1
East, W.If:.'
WATERaODY AND/OR ASSOCIATED WETLANDS: Port Ludlow J3ay
.,.. $HonLINE OF STATE-WJ:OE SIGNIPICANCE: NQ
SHORELINE J)ES:IGNATI.ON: urban
CONOI'I"IONS: Developaent pursuant. to this pentit shall be
undertaken subjeot to the. applicable poli.cies and perfooumce
.tandard$ ,of the Je.ffe.rson-Port Townsend Shoreline Hana9e.11le.n1:
Haste::r Program and the followin~ conditions: , '
1. A detai1ed erosion and sedimentation control plan u~in~ the
be.st management practices set forth in the Wasbin~on
Deparbaent of ~colOqy' s S1;:crm p~r Hanuat for the Puqet:. SO\lnd
Basin sha~l. be prepared in conjunction with :fina.l si't.a design
and a c()DS'truction phasing- sched1.\le... Grading on tl;1e projaet
site sha~l nQt beqin until the erosion contro~ pl~ has been
~ppro"ed by the Director of the Jefferson county Depart::aent
of Pub1.ic Works or his 6esignee. The obj eeti ves of said. p1.ial'1
are to (a) control dust and mud IUtd st.abilize the constrUct on
area including- entranoes and roadways; (b) prevent flurfac:e
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Shore1ine substantial Development Permit
SDP91-017
. Pape Resources
water runoff t'ro. eroding areas 1:0 be cleared andgraded~ (c;:)
prevent sedlmenta~lon from. entering t:be -waters of Port Ludlow
Bay. Erosion control techniques m.ay include, but are not
limite.d to, piped - slope drains, subsurt'aCe drains,
hydraseeding, surt!aee roughening, - intercept.or dikes and bents,
check dus,' swales, gradient. terraces, rip-rap,. gravel- filter
berms, storm drain lnle~ and outlet protection, and tilter
(si1.t:.) fences. A aalntenanc:e. program shall be implemet1ted
during the course of construction to insure the 'proper and
effective functioninq of erosion and sedilnentation control.
features. Inspeotion of erosion control teatures shall be.
conducted daily. '
2. Soil disturbance associat.ed with major gra.ding activities
shall canfora to the guidelines and ~i.inq restrictions set
forth in the Washington state Deparblent of Ecology Stobd.
Water Management HaJ)ual (current edition). lJrior to final plat
approval and prior 'to any c,learing and grading on the sit., ,
the proponent shall. submit a construction phasing- plan to the
.:tefferson county Public Works Department for review and
approval. The plan shall $pecify how the proponent proposes
to achieve the qoals of this miti9ation measure.
~. . During construction, to 'the extent prac,ticable,. existing
,_ ve.getation shall 'he maintained on "those poJ:tion"S of the site ~
. planned as perm.anent open space. Only during 'the e.o~$e of ~
"_. _L utility -- ~installati.on ,- or. __ J:'e.veqetationl ~andsca:ping __sha1.1___.
dis~bance occur.
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Grading stockpiles shall 'be located on the uphill side of
excavation areas to act as runoff diversions. Any l8r9e.
stockpiles shall be shaped and coverad or seeded.
5011, sediment, wat;er, or debris generated durinq pond
~nla.r9ement shall be confine-a to specific areas on the site
as identified on the. erosion control pl~.. Dredge.d pond
Jiaterial and other site material unsuita.ble. for project fUl
shall be disposed of at 8. location approved. by the Directoi:
of the Jefferson County Department of Public works.
Follotoling construction, all cleared and graded areas shall be
peraanentiy revegetated according to' an overall landscape ~
plan. Re.vegetation shall be oompleted as soon as pra.cticable
after grading and construction is complete.
Dunes proposed for the Inn area shall be stabilized t tbrouql:i .Lm
the use of ve.g-et:a.tion and underlying foundations so.,..as to~
~iniDdze sand and soil redistribution during $to~ events.
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SDP91-017
'pope Resources
8.
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'the proponent shall designate a qualified, trained, and
experienced lncUvidual. or firm. whQ shall ensure that (a)
erosion control. devices are correctly ins't;a.lled; . (b)
inspection and Jl2Lintenance .ch~ules are regularly kept; (e) ~
corrective actions are employed in the e.vent erosion control "-'I
lIeasures fail to perforJl e.f;tect1vely and (d) reports and
inspections are COordinated with the Jefferson county
Department. ot Public Works.
:A compl.ete geotechnical .1nvestiqation shall be undartak~. on '
slopes steeper than 15% where buildings or intrastructure are.
proposed. P~icular attention will be p~id to poss~bilities
o:f earthquake-induced SUbsidence or liquefaction. structures
shal1 be designed, enqineered,.,and constructed in confonaanCQ
with t:he uniform Building, Code, other adopted standards
pertaining to landslide and sei~ic ha2ard protection, and
specific construction practices recommended by the
g.otechnical consultant. The consultant shall be a ql1alified
professional selected and paid by the project proponent.. No
construction of buildings, or insta~lation of infrastructure .
on t;lope.s si;eeper than 1!?% shall take place .prior to
completion of thegeotechn1dal inves~iqatiQn. '
A perll1anent'st:o%:'lll'W"ater drainage system shall be in5talled, the
desi.gn and. OO1'lstruction of which shall b. to thesatist:a.ction
Of t:h~ Deparl:men't. of Public.. Works. Syste30 compon~n.ts. ,shall
,include grass-lined' swales, oil/water" separat.ors, ,a.nd a
~1;~(?Il.. p.Ond.J;o :manage Roth water quantity and quality.
The pro; act.' s stormvate.r aanage:ment . syst.em shall be
incorporated into the ongoing port LudlOW BOlY "water Quality
Monitoring ~ogram - Nonpoint Sources".
A maintenance. prQ9TalIl shall be developed .for oilJwateX'
separators and biofilters and approved by the Jefferson county
Deparbnent of PublIc Works. .
Eelgrass (zostra marina) shall he plantQd in the eastern ~
sect:.or of the pond to prevent the qro;rth of sea lettuce":::-
(Vlva). .
Durinq construction, water levels in the on-site pond shall
be ~owered and se.diment removed therefrom prior to 'the
disoharge of water into the Bay.
Two pumps ahall be installed in the pond for redundanOY in
case of failure and to improve flexibility for periodic
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Shoreline SUbstantial Development Permit
SDi'91-01.7
Pope ResQurces
aaintenance .' A standbY aobil.e power generator sl1all ,be ""-
provided in the event of power outaqe.s. ""
The maintenance .schedule for the pond shall avoid pump
shutdown during wanner weather,' thereby lessenirig -stagnation
of wa.ter anCl related' water qual.i'ty problems. .
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17.
18.
Final infrastructure design shall minimi~e ~pervious cover
and stormvater runoff through the ~se of gravel ,surfaces as
pe1:lnitte.d by the DepartlDent of Public Works'.
Draina.ge. line.s shall be installed behind retaining and/or '")
base.ment wails, and around l?ui1di1l9 footings to prevent build.- ..(
up of hydrost~tic pre.ssure and to intercept ground and sutlace
water. '
Groundwater seepage encountered during const.ruction in 'upland
areas s.hall be ,dire.cted by Sloping excavations to shallow S\l1D.p
pits. Any collected water shall be di.scharged 1:0 'the.
cons~ruction-pha$Q stormwater control sys.te~.
20. Portions of structures subject to periodic: tidal inundation
shall be sited and cons~cted in'co.pli~nee v1th 3efferson
County's "Flood Plain Management Ordinance No. 1-89. t.
~ Landscape design and planting mat~ials for the parmeter of
"- V ..' the' ');)and 'shall Jlinitlize the DEled for.' herbicide , application.'--'--
Native plant isaterial,s shall be utilize.d to -the maxUu:m. extent ..:t...-
'" throughout. the entire' proj ect s1 te to red.uce the Use or ......
. ~.;...> fertilizEars, past.icides I and herbicides. When the application
of such Chemicals is necessary I they _ sball only J:)e applied by
state-~icensed per$onnel~ '
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SUffers of grasses, low growing plants, shrubs, and trees
shall be planted along the sbore11ne and around the pond,
provil;1i.ng habitat. wa'ter quality enhancement, and protect:ion
fro. hUMan disturbance.' ,
P:J:aa.ry land.scape materials planted. on the site shall be those
na.tive trees, shrubs, grasses, a~d herba.ceous cover, which
p1:'ovide food and cover foX' wildlife,' for example, Dou.qlas
firs, We.~tern red cedars, vine ,maples, wax myrtles, and wi1d
strawberries.
'~ 'Snlarqement of the existing pond shall make. provisions tor
~ improved aeration and c::irculatiQn 't:o discourage algae qrowth, d:-
--- ~ lIlaineain consistent wat4i!:l:' quality, and improve its -value as
--::::> fish habitat.
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Shoreline SUbstantiai Development Permit
SDP91-017
Pope. Resources
GJ
Int.erpret.ive signs shall be inatal-led a.t: pertinent .points
throughout the site ~o .describe baportant habitat :teatures and ~
wildlife 4 puphlets ~nd, brochures shall be distributed t:o ~
residents and guests to inorease awareness and respect for
wildli~e which inhabit the projee~ site. '.
26. }"i1 tration shall be provided at the PUlI:IP 'Wa~er-intake pipes
to reduoe 'the incidental capture ot fish.
27.; The veir outlet to the pone! shal.l be designed to prevent: tish
entrapment in the pond.
28. 'l."he pond shall be designed to provide some shallow area alon~ ~
the south shoreline, suitable f01: wading birds, 1sQlated from "
public access. .
. ~ Pond shoreline 14nqth equivalent. to at least sot of th~ .
(7 existing. shoreline le~ shall be provided for bird loafing _-(. --
............ area. This s~..9F'e!i~''te.._A];)!...A., Ilust ))e :buffered by lan<isca.pc
--;:> vegeta.tion to d1.scourag'e public di$turbance.
30. SXcavation shall. be aini1l1iz.ed t.o reduce
encountering cont.~na.ted soil materials
'developent. of the site.
--31.:
32.
33.
34.
e
pote.ntial for
from. previous
Lead concentrations from previous testing in the Vicinity of
Test pit 1.0. (~-1.0) shall be reporteCl 'to the 'Washington
Department. of Ecology if encountered in quantities in excess
of 10 cubic yard~~
Excavated soils at locations ot:her 1:.han TP-l0 shall be
Monitored for presence of potentially hazardous 'materials.
Xn accordance. with DOE Policy #101 (Sit.e Diseovery and Release
Reporting), a qualified hazardous wasta specialist shall ~
contacted if more than 10 cubic yards of charcoal",like
material is encountered in order ' to properly assess
implications for disposa.l.
Prior to initiating excavation, a qualified hazardoUS waste
speeialist sha.ll, orient the construction contractors 4iU\d crew
regarding field 1dentitication Of potentially CQntaminated
soil and ~aterials.
The proponent shall establish leqally enforceable
archit.ectura.l design guidelines which address such 'JII21tters -:
roof ma.terials, siding, exterio~ colors, appurtenances, an
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-.oreline SUbstantial Develop_ant penait
BDP91-o1.7
. Pope Resources:
other factors i:ha1: affect the overall aesthetic character of ~ _,
the project site. ~
3G. '!'he proponent shall comply with. .all requlat.ions of the state
Shoreline Hanagement Act (RCW 90.58), RCW 217.44.040, RCW
27.53.060 ana WAC 25-489 regarding archaeological sites.
These regulations prohibit. in~ntional disturbance ot
arehaeolO9'ical or burial sites without prior approval and
provide protocols for act.ions fOllowing discovery of auch
sites.
37. Prior to excavation, a qualified archaeologist shall orient
the construction contractors and crews in identification of
potential archaeolog-ical resources that might be' uncovered,
and how to prOceed in the event of an un~ec1:ed d.iscovery..
38.. :If cultural resources are discovered dl.U:ing construction, ill'
qualified arChaeologist shall be immediately diQpatehed t~
systematically ana~yze tne find~9s . Al~ construction or
excavation on that portion of, the project site sha11
immediately cei:l.se and Measures shall be taken to prevent
further disturbance prior to analysis by. a qualified
arch'aaologist.
39. The tolloving above-Code fire and li~e safety feat~es shall
be provided in the Irm structure: quick-response sprinkl.er
-hea.ds; autOJDatic alarm notice to Fire District #3; talllper
l'rotection :tol; the automatic $prinkler &yet-ell; hose eabin'ets
at each' floor; diesel generato);" back-up power source; ~n
indicator pane). for all "building' safet.y systems; SlIloke
detection on. BVAC systems; interior stairway to the roof; and
a wet-sprinkle::r in the covered drive-throuqh.
40. The proponent shall develop a plan for the Inn which
identifies applicable emergency. actions to.be taken during /
such unlike1y events as fires or earthquakes. The staff shall ~
he trained in tire behavior, built-in fire and life safety
systems in the Inn structure, ancl proper responses, to '
eJDergencies and safety needs of all gUests.
41.' A maintenance schedule :for fiX'e and life safety equipll1ent
shall be developetl. All such equipment. and related syste1l1S "'/
shall be t:.ested at least annually in cooperation with ~
Jefferson County f'ire District Ho. 3. Records of all
mainte.nance and syste.1n tests shall be re.tained at the Inn and
copies tral1.S1lli.tted to Jef1'erson County Fire District No.. 3.
42. Exit 1llapS and inst:J:uctiQns on emergency procedures shall be
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Shorel.ine. $ubs't.antial Devel.opaent permit:
.SDP91-011
Pope Resources
1nstal.le.d on the. ins:i.de of all guest room doors.
"..
A public relations videotape which
eJI1phasizing building sa.fety f~tw:-es,
guest resp~nsibilities ~or safety in
shall be available in all guest roo.s.
The Xnn'$ resident manager and all other on~site statf, as a
condition of employment, shoUld be trained in basic first aid
and CPR. ., .
includes a prol.oque
exit locations, and
emerg'enCj!' sit';1ations
(
43.
.,
45.
Fundamental e.1Ilergeney aid equipment shall 'be provided at the
Inn for staf~ Use.
46. :In order to assess cumu1.ative impa.cts from this project, the
proponent shall: .
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(a) continue the exist.ing Wat!F OUality Honitorinq proaram
whioh docwaents nonpQint soltrce ' e.ffects on the' ~ass A
"Exi:raordinary" desi9Dation of Port LudlQ"W' Bay and it's
tributaries.. Sampling shall include the water column,
sediJllent.s, and shellfish as appropriate. If .onitoring
indicates 1:hat activities of the. proponent. are causing
reduction in the'water qualtty ,of Port Ludlow ~~Y bel.ow the
Class AA "Extraordinary" des;ignation, t;he p;rOP9ne.nt $hall
b1m.diat.~ly 5.0 advise Jefferson County. The Ifscope of 1i(O~kM
" for ea,* year's proqra1'll shall-be condu.ct~d where necessary to
obtain the lIlQst .e~nin9'ful scientit'ic data. The ensuing year's
scope of work shall be approved by Jefferson County each
autumn. Each year's monitoring results shall be. reported to
Jefferson County by 'March 15 of the fOllowing ye.ar. The
proponent shall be responsible for e.m.ploying a qua;tified water
quality rese-arch fi.r:mat proponent's sole expense.
(b) Conduet a Kater Resource Honitorin<:r Procrram 'Which
dOCURents the condition of several aquifers utilized as a
domestic source by tbe proponent. Attent.ion shQu.l.d be focused'
on static gro\U\dwat.er 'levels and sa1twatCtt' intrusion.. Should
qroundwatar mQnitoring indicate an inadeqUate yie14 to support
deve.loplaent of the }?ropon~t.' s proj.ects in the context of
water rights and 'projected wateX' use, the. proponent shall
immediate1.y inform the Count..y and take nec$,ssary action to
insure an adequate supply of potable water. This action could
include, but: is not l.im.it.eti 'to, development of additional.
sources, suppla:lllentation, o-r existing souroes, and/or
imple.entation of additional conservation measures.
It mutual.ly agreeableJ ~e p~opon~t sh~11 .include Oly,opUS
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Pope Resources
Beach Tracts' wells in ongoing groundwater Bonitoring efforts.
The proponen~ shall ~ responsible for employing a qu~lified
geohydrologist to.desl.gn, direct, and conduct said mon1.toring
program... The expense of said geobydrologist shall be the
proponent's. Results of the. monitoring pr~~ shal.l be.
reported to Jefferson' County ~nd the Washington 'Oepa.rbD.ent or
Ecology by lUlrch 15 of each year.
(e) Condu.ct a Sewage Treatment Plant Honito~inQ' PrOCl'ram which
documents effects of the proponent's proje.ots on capacity of .
the se.condaJ:Y wastewate.r treatment ple.nt. Attention shall be
foCused on the number of connections; effluent flov volume;
and effluent quality.. I:t is ac::knowledged that the sole
authority t.O' 1IlOnitor and regulate operation of the se101age
treatl,\f~nt plant rests with the WashinCJtton Department of
EcolOCjJy.. Nothing in this condition is int.ended to supersede'
or cOl)fliet with requirements of the proponent's National
Pollution Discharge Elimination System (NPDES) Permit No. HA"':
002120-2 issued pursuant to the Federal Clean Water Act and
c01l'lpanion st.at:utes. If any function or value lnonit:.ored by 'the
NPDES permit. is exceeded, notice shall be provided' to
Jerferson county ~oncurrently with notice to the WaShington
Department. of Ecology_ :Results of the monitoring containe.d in
~is condition shall b~ transm1tted to Jefferson County and
the washin9'uon Department of Ec.ology by_Karch 15 of ea.ch year.
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The riprap shore defense 'work shall be constructed in .....
sUbstantial alignment with ~e ordinary hig-h water ltlarJ:c..
47.
48.. Design of the fuel and propane tanks shall be approved by the
Chiet of F~e District NO.3.
@ The deed to the homeowners association from pope ~esou.rces of
. Tracts Al C, and 1(-1 shall be subject to an easement in favor
of the general pUblic for access, use, a.nd enjoyment for the L-
l.ife of the project. The association will retain the right ~o ,~
reasonably regulate those CODllllon are.as by establislling rules
and regulations, such as those to protect lanscapinq J regulate
noise, prevent nuisances.
Intormational and directional signs shall clearly indicate the
location of pUblic access areas.
50.
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5~. The proponent shall provide near the marina loading area an
aOOess area and st.airway to facilitate launching of small.
watercraft such as dinghies, canoes, and kayaks.
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SDP91-017
pOp. Resources
lfOTIC!:: .
1. This perait aay be.res~inded by...;the Jetfer_on 'County Soard of
commissioners or the Washington State Shorelines: Uearinqs
Board upon t:h~ finding' thie perJllU~tee ha$ not: complied vi1;l1' the
conditions her-ein, pu:csuant i;o acw 90..58.140(8) .
2. The peraitt:ee. 1s liable for all. dUlages t:.o public and. private.
property arising from violation ot. any provisions of the
pe.t"JZlit hereby granted" including 'the cost .of restoring the
affected area to its. con411:.ion prior to viol.at.ion and possible'
~ co~ costs that llay ensure fro. violation, pursuant to RCW
90.58.230..
3. Cons't.ruction pursuant: 'to this peX'lllit will not begin nor is 'to
authorized until. 'thirty (30) days fro. the date of, fil!nq _9
defined in ROW 90.58. ~40{G)'and WAC 173-14-090, or~til all.
review proceedinCjJs initiated within 'thirty clays from the. dat.e
of SQ~ .ti.l.ing have terminated, exc$pt, as provided i.n RCJi
:90_58.1.40(5.a-c). 'Construction or sub.sb.ntial prog'ress toward
construction of the perm.itte.ddevelopaent shall begin within
two (2) years trom the'date of this pOrmit.and compl~t:ion Off}
the permitted development $hall be a~eo.plished vithin fivel
(5) years :from "the.da.te of this pe:rm.ita .
4. Nothing in this pet1llit shall excuse the permit.tee. fro~
oOJlpl ing with any other federal, state, or local statutes,
1nan S,. o:z:: ,requla.ti 'Os applicable to this project, bUt
cons1sten ith R 9.
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'.rJD:S SEC'r:ZOlf 1.5 ~OR DEPAllTKE1tt' OF BCOx.oGY USE ONLY XN REGARD TO A
CONDITIOlfAL USE PDHIT OR. A VMIAHCE. . .
AA /.d/ 'b() \q)'
Date receive.d by the Department: / ,,~~ /~
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Denied
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Shoreline Sublltantlal Development Perral't
5D1'91.-017
POpe ltesources
Approved:
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This condi'tional use perai.t/"'.l i 1l!I1~~ 1s a:pproved/~wR144 by the .
Department pursuant to ChapteJ:' 90. 5B Rctf. De.velopment shall be
undertaken -pursuant to, t;he fOllowing additional teras and
conditions: ~~, ~,."..Ae HG(') t.e"T"7l::.Ct:.... ~
C:\SDP\SDP91017.Per
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cOWARQ STeVENS & ASSOCIATES
ENGINEflS, INC.
ec:e COL.UMSlAST. NIN., SUITl!1i lil14
OL.YMPlA, WASHINGTON BaS01
(3eCl,J 3l57-eel51
FAX: I3EIDI aee.o1OB
Job 3637
June 7. 2004
Mr. Les Powers ,
3502 Tieton Drive
Yakima, WA 98902
Re: Review of EIS, f~r the, 2003 revision tQ the Port ludlow'Resort
Dear Mr. Powers:
Introduction:,
',:... .
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You have retained the services of Edward: Stevens and Associates to review the
SEPA action being con~idered relative to the 2003 revision to the Port Ludlow
Resort Plan Revision. The scope of this study is to review the Draft EIS for
adequacy related to impact on roadways that are to serve the Vicinity of Ludlow
Bay Village. Specific attention is being placed on Heron Drive and access to the
37 seat restaurant which seems to be called both Heron Beach Inn and Inn at
Port Ludlow in the Drafl Supplemental Environmental Impact Statement.
Qualifications:
I am a registered professional engineer and land surveyor in the State of
Washington. I have worked for twenty five yea~s with .the Washington
Department of Transportation 'in a variety of. areas encompassing the broad field
of transportation engineering, I have work~d for five years as a land surveyor
and engineer completing a wide variety of transportation engineering projects
and subdivision design and platting projects.' I have been at Edward Stevens
and Associates for more than 7 years. Edward Stevens and Associates is a civil
consulting firm specializing in engineering studies related to safety of
transportation facilities.
A current curriculum vitae is attached for more detailed background.
Materials reviewed for this study:
1. Jefferson County Road Standards sheets for:
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Mr. Les Powers June 7, 2004
1. Single Lane Two Way Traffic, AASHTO "Local Service Road': June
18, 1995
2. Typical Road Section 18' Roadway, November 13, 1996? (Date
difficult to read on our copy)
2. "Guide for Development of Bicycle Facilitieg', American Association of
State Highway and Transportation Officials, (AASHTO) 1991 and 1999
editions
3. "A Policy on Geometric Design of Highways and Streets', 2001, American
Association of State Highway and Transportation Officials, (AASHTO),
4. "Design Manua', Washington State Department of Transportation,
current edition.
5. "The Traffic Safety ToolboX' - A Primer on Traffic Safety, Institute of
Transportation Engineers, 1993
6. "Local Agency Guidelines Manua', City and County Design Standards,
Washington State Department of Transportation, current edition.
7. "Roadside Design Guide" American Association of State Highway and
Transportation Officials, 2002
This review is limited to analysis of the transportation element of the Draft EIS,
with a focus on roadways within the plat of Ludlow Bay Village.
Section 1.7 of the Draft Supplemental Environmental Impact Statement contains
the following at page 1-13 and 1-14:
1.7 Significant Issues for Consideration:
Major issues identified during the scoping process for the 2003
Resort Plan relate to:
(3) Parking and Vehicular Traffic
The proposed 2003 Resort Plan, including the expansion of the
marina, will create demand for additional parking, especially in the
vicinity of the shoreline. Will sufficient parking be available during
the peak summer months? Existing traffic circulation in the vicinity
of the Inn at Port Ludlow and the adjacent townhomes is difficult for
townhome residents. Will the proposed development exacerbate
the problem?
This section recognizes existing difficulty of traffic circulation along Heron Drive.
The potential for making matters worse for abutting townhome owners is
acknowledged. I agree with this assessment. The question is asked rhetorically,
however there is no information that could be found within the Draft EIS to
provide an assessment of impacts and mitigation.
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ENGINEERS, INC.
Mr. Les Powers
June 7, 2004
Transportation impacts are summarized On Page 1-22 of the Draft EIS. Under
the heading of "Mitigating Measures" the entry "None Required" is found.
(Exhibit 2) I do not agree with this assessment relative to at least Heron Drive.
In the absence of an answer by the developer to his own identified "significant
issue for consideration" I I will provide my analysis of existing conditions and
possible impacts along Heron Drive, and the likely mitigation that would be
required to correct the situation. My concerns are summarized below:
Altered and increased traffic patterns:
The preferred alternative includes shoreline attractions at the south end of Heron
Drive in the form of an esplanade for pedestrians to view the marina, shoreline,
and park at Burner Point. Parking is being created at the north end of Heron
Drive to serve visitors to the shoreline attractions and overflow from the
townhouse area. This new construction will make a pedestrian and bicycle route
out of Heron Drive to a far greater extent than exists today.
Sight distance, inter-visibility between users and modes
Sight distance along Heron Drive is limited in all directions by the narrow
roadway and inadequate setbacks for buildings. Garages were measured to
have a 4.4 foot setback from the edge of asphalt lane on Heron Drive. Vehicles
backing out of the garages cannot see pedestrians, bicyclists or other motor
vehicles approaching them until they occupy nearly the full lane. Pedestrians,
bicyclists, and other vehicles are in very real danger of conflict during the back-
out maneuver.
The degree of setback is analogous to head-in parking that used to be seen
along city streets. Most cities have eliminated 90 degree head-in parking along
streets because of the known hazards of this arrangement. The hazards are
related to two main factors:
1. Inadequate visibility when backing out onto the street. The visibility in the
head-in 90 degree parking that is less severe than what exists when
Heron Drive townhouse owners back out of their garages. A driver cannot
see out of the garages on Heron Drive at all, but there is usually some
visibility for 90 degree head-in parking through the windows of adjacent
vehicles,
2. A dart-out problem is created by sight blockages along the street. This
problem is especially dangerous for young children, who may not stop and
look both ways before they enter the street. It is virtually impossible for a
3
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motorist or bicyclist to stop for them when they are visible for only the last
few feet of their travel path before being struck.
Use of Heron Drive by multiple modes of travel:
Heron Drive will become a pedestrian and bicycle route to an even greater extent
than it is under present development. There are recognized safe standards for
width related to multiple use facilities for motor vehicles, pedestrians and
bicycles. Heron Drive does not meet standards for safe multiple use even if sight
distances were clear and unobstructed. Heron Drive is inadequate for the uses
that will be placed upon it by the new development.
Miscellaneous considerations:
I have been told that there will be a hammerhead design cul-de-sac at the south
end of Heron Drive for vehicles to turn around. Access to the Inn from Heron
Drive will be closed off by bollards, thus eliminating Inn traffic from Heron Drive.
The preferred alternative includes a fire lane connecting Heron Drive to the Inn at
Port Ludlow parking lot for emergency vehicle access. Unless it is effectively
blocked to all but emergency vehicles, this access will reconnect Heron Drive
with the Inn parking lot, further exacerbating traffic problems on Heron Drive.
The Draft EIS indicates that the Inn will not be accessed through Heron Drive for
the preferred alternative.
Emergency vehicle access is an important part of safe street design. More
investigation needs to be done concerning this critical safety aspect. How will
safe access be assured with the narrow, blocked off roadways characteristic of
the Heron and Gull Road connection? Fire and police officials should approve of
plans in this area.
County Road Standards:
A Jefferson County Road Standard that appears to be applicable to Heron Drive
has been reviewed. This standard sheet is titled TYPICAL ROAD SECTION 18
FOOT ROADWAY (35 MPH - UNDER 400 ADT. (Exhibit 1) This sheet
represents a rural roadway section and shows a 22 foot total roadway width.
There is a note on this roadway section stating that:
Roads in designated urban areas may require pedestrian
improvements, including wider shoulders or sidewalks.
The Ludlow Bay Village is an urban-in-character plat located within a rural area.
Resort planning calls for walking paths, a shore-front esplanade for pedestrian
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EDWARD STEVENS & AsSOCIATES
ENGINEERS, INC.
Mr. Les Powers
June 7, 2004
traffic, and emphasizes the outdoor amenities and natural beauty of the area. By
design and intent, Heron Drive will operate as a multiple use roadway, serving
motor vehicle, bicycle, and pedestrian traffic. In my opinion. wider roadways and
sidewalks are required to handle the mixed uses that will be evident on Heron
Drive.
Requirements for multiple use:
The American Association of State Highway and Transportation Officials
(AASHTO) is an association of all 50 member states, Literature and design
guidance emanating from AASHTO concerning geometric design truly represents
the consensus of civil engineering science regarding streets and highways. This
gUidance is used by all states in setting the basic standards for geometric design.
The Local Agency Guidelines for City and County use references Washington
Department of Transportation and AASHTO publications for guidance in
geometric design of county roads.
Bicycle safety and use:
"A Policy on Geometric Design of Highways and Streets". 2001, by the American
Association of State Highway and Transportation Officials, (AASHTO), contains
the following guidance relative to bicycle facilities. (Page 100)
BICYCLE FACILITIES
The bicycle has become an important element for consideration in
the highway design process, Fortunately, the existing street and
highway system provides most of the mileage needed for bicycle
travel.
..... ,..Improvements such as the following, which are generally of
low capital intensity, can enhance considerably a route's safety and
capacity for bicycle traffic:
· paved shoulders.
· wide outside traffic lane (4.2 II, [14-ft) minimum) if no
shoulders exist.
. bicycle-safe drainage grates.
· adjusting manhole covers to the grade.
. maintaining a smooth, clean riding surface.
(Emphasis supplied)
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EDWARD STEVENS & AsSOCIATES
ENGINEERS. INC.
Mr. Les Powers June 7,2004
The "Guide for the Development of Bicycle Facilities" (AASHTO) 1991, defines
the bicycle status of the roads in the Ludlow Bay Village as "Shared Roadways".
SHARED ROADWA Y - Any roadway upon which a bicycle lane is
not designated and which may be legally used by bicycles
regardless of whether such facility is specifically designated as a
bikeway.
In Chapter 2, on design, the Guide discusses roadway improvements:
Roadway Improvements
To varying extents, bicycles will be ridden on all highways
where they are permitted. All new highways, except those where
bicyclists will be legally prohibited, should be designed and
constructed under the assumption that they will be used by
bicyclists. Bicycle-safe design practices, as described in this guide,
should be followed to avoid the necessity for costly subsequent
improvements. Because most highways have not been designed
with bicycle travel in mind, there are often many ways in which
roadways should be improved to more safely accommodate bicycle
traffic. Roadway conditions should be examined and, where
necessary, safe drainage grates and railroad crossings, smooth
pavements, and signals responsive to bicycles should be provided.
The RCW's on bicycle accommodation:
RCW 47.26.300 Bicycle routes-Legislative declaration.
The state of Washington is confronted with emergency shortages of
energy sources utilized for the transportation of its citizens and must seek
alternative methods of providing public mobility.
Bicycles are suitable for many transportation purposes, and are
po/lution-free in addition to using a minimal amount of resources and
energy. However, the increased use of bicycles for both transportation and
recreation has led to an increase in both fatal and nonfatal injuries to
bicyclists.
The legislature therefore finds that the establishment,
improvement, and upgrading of bicycle routes is necessary to promote
public mobility, conserve energy, and provide for the safety of the
bicycling and motoring public.
[1974 ex.s. c 141 9 1.)
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EDWARD STEVENS & AsSOCIATES
ENGINEERS. INC.
Mr. Les Powers
June 7, 2004
The Port Ludlow development complex is a destination resort and conference
center featuring extraordinary beauty and outdoor amenities. Hiking, recreational
walking, and bicycling are ordinary activities in this setting, and must be provided
for in a safe and responsible manner.
Recognized Standards for safety and multiple use:
Clear zone standards:
A minimum clear zone of 7 to 10 feet is recommended by MSHTO in the
publication "Roadside Design Guide", 2002 edition, This is for urban construction
where there is no barrier curb in place. Barrier curb is defined as a curb at least
6 inches high with a vertical or nearly vertical face. There is no curbing on Heron
Drive.
The term "clear zone" refers to a width outside of the traveled lane edge that is
kept free of fixed obstacles. During a field trip to the area, I measured 4.4 feet
from the edge of traveled lane to the face of garage buildings. This is in violation
of clear zone standards.
Clear zone standards are promulgated by the MSHTO, and Washington State
Department of Transportation. The purpose is to build safety into the roadside
environment. In the case of Heron Drive, safety would be enhanced by not only
removing fixed objects, but by increasing sight distance. In my opinion, a
minimum of 10 feet should be employed to create some degree of inter-visibility
between vehicles backing out of garages, pedestrians entering the street, and
traffic on Heron Drive itself.
It is my opinion that the lack of adequate clear zone along Heron Drive creates
unsafe operating characteristics. The more traffic increases, the greater the
probability of serious accidents will become. This deficient aspect of construction
along Heron Drive needs to be considered for mitigation before increased mixed
use is invited to the street.
Sidewalks:
Sidewalks are the standard application for accommodating pedestrian travel on a
street in the urban setting. Sidewalks separate pedestrians from vehicles for
very obvious safety reasons. The absolute minimum width for a two way
sidewalk is 4 feet where travel is very light, and 5 feet to accommodate
appreciable two way foot traffic. Where narrow sidewalks are used, they should
be separated from the curb by a planting strip. This generally results in an urban
section with a raised curb.
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EDWARD STEVENS & AsSOCIATES
ENGINEERS, INC.
Mr. Les Powers
June 7, 2004
There is a two foot wide concrete strip along one side of Heron Drive. This is not
a sidewalk, and will not accommodate pedestrian travel. Pedestrian travel is
therefore forced into the traveled lanes of Heron Drive.
Pedestrian travel is a recognized necessity to appreciate the amenities of the
Ludlow Bay Village area. The danger of forcing mixed travel modes in the
narrow and deficient geometric width of Heron Drive, as well as the liability that
may accrue to the designers and owners of these facilities if an accident should
happen, should be carefully assessed and mitigated in the environmental
documentation for the Port Ludlow Resort Plan Revision. I could not find where
this issue was mentioned, except possibly in Section 1.7 "Significant Issues for
Consideration." In that sedion, possible impacts were posed only as a rhetorical
question.
Bicycle accommodation:
The standard for one way bicycle travel is a five foot width lane, separate and
apart from the travel lane for motor vehicles. As noted above, AASHTO
recommends a minimum of a 14 foot paved lane on low volume roads. This
results in 9 or 10 feet for vehicular passage, and 4 to 5 feet for bicycle passage.
This is considered acceptable for light bicycle use in rural areas.
The minimum standard for two way bicycle travel is an 8 foot wide path. Ten feet
in width is desirable for moderate to heavy use.
Nothing like the above minimums exist along Heron Drive. Instead, all modes of
travel are forced into two paved lanes that measured 21.6 feet across both lanes
when I made my field trip to the site.
Handicap accommodation:
Handicap accommodation is a very important consideration where pedestrian
routes are created in public places. The final design for Heron Drive should be
reviewed for conformance to the Americans With Disabilities Act and its
implementing regulations. It is a very poor idea to do nothing, and therefore
expect the handicapped to mix with all other traffic modes on this narrow,
substandard street. The liability implications of this for the owners and designers
should be obvious.
A few thoughts on Highway Standards:
Standards and codes are developed to provide public safety, convenience of
use, and to enable enjoyment of life. Most of the codes and standards are based
upon experience from human loss and suffering. For instance, fire escapes are
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EOWARO STEVENS & AsSOCIATES
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Mr. Les Powers
June 7, 2004
required in multi-story buildings for safety. Many lives had been lost in multi-
story building fires before uniform escape route codes were enacted.
Then it was realized that a fire can spread so fast that fire escapes can be
rendered useless, due to heat and smoke. Sprinkler systems are therefore
required in multi-story buildings, to suppress fire until occupants can escape.
This is all based upon unfortunate human experience.
The same is true of highway and street standards. Experience has taught that
certain widths, radius criteria, clear zones, and other geometric features
contribute to and promote safe, efficient transportation. These criteria are
generally codified as standards for design.
Such standards must not be liahtlv dismissed. They are adopted as law andlor
recognized operating procedures by the various government agencies in charge
of highway and street construction and permitting. Variances should be granted
only when it can be shown that there is a compelling reason, and safety will not
be compromised. The geometric design of Heron Drive falls short of both state-
wide and nationally recognized criteria. There does not appear to be any
compelling reason for lack of adherence to standard.
The argument may be proposed that Heron Drive is not a publicly owned road, '
therefore not subject to the aforementioned standards. There are, however, no
separate standards of good practice available except AASHTO, Washington
Department of Transportation, Americans With Disabilities Act, and Jefferson
County adopted standards, and other industry-recognized standards. There is a
duty on the part of the developer to create a safe environment, and a duty on the
part of Jefferson County to see that a safe environment is designed and
constructed. The safety of the final plan can only be judged by adopted industry
standards and applicable laws.
Analysis that I have not done:
1. Daily traffic volumes for interior roads that will be impacted have not been
calculated. These volumes should be shown in the traffic impact analysis,
both for the base, or do nothing condition, and for each proposed
alternate. Traffic impacts due to implementing revisions cannot be
assessed or estimated without this information, It is the responsibility of
the proponent to provide this as part of the impact assessment.
2. I have not attempted to estimate pedestrian use or bicycle use for Heron
Drive, or any other interior road. This too is the responsibility of the
developer, and necessary to identify impacts to the built environment.
3. The Draft EIS does not appear to clearly identify the location of new
planned versus existing housing units. I have not attempted to make that
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EOWA~O STEVENS & AsSOCIATES
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Mr. Les Powers
June 7,2004
determination, believing that it is the proponent's responsibility to make
the distinction clear.
4. I have not studied why setbacks were allowed to be only 4 feet from the
edge of travel way to the face of garages. The documentation offered
cites only "USC" as the setback distance. USC setbacks may change
from time to time, I have not researched them, and do not know what
revision may be referred to. I believe that the proponent needs to specify
what the setback distance is in feet, so that disclosure is complete and
easily understood. If the setback to building face is less than the clear
zone distances mentioned above, it should be justified in the face of
obvious safety problems created by backing maneuvers and dart-out
problems discussed above.
5. I have not evaluated the adequacy of a cul-de-sac that is proposed to be
placed at the new end of Heron Drive. I could not find geometric details of
this feature, so it is not possible to evaluate it.
Possible solutions:
In my opinion, Heron Drive most likely needs to be re-engineered to
accommodate changes in travel mode and volume associated with the 2003
revision. Studies need to be conducted to accurately identify and mitigate
impacts. Steps in this process may include:
1. Identify traffic volumes by each travel mode for the interior roads. This
needs to be done for the base condition and for each proposed
alternative.
2. Review standards for construction to accommodate each mode and traffic
volume.
3. Identify impacts. Impacts will be an assessment of change brought about
by the difference between the base condition and the alternative condition
being considered,
4. Produce a listing of improvements to mitigate the impacts identified above,
5. Provide a review opportunity for affected parties, per SEPA requirements.
A possible outcome of this study might be 10 foot minimum setbacks to garage
faces from the edge of lane, 5 foot sidewalks on both sides of the road with
handicap access features, and a 28 foot wide minimum paved width to
accommodate light mixed bicycle use along the roadway. On-street parking
would need to be prohibited under this scenario.
Conclusion:
In conclusion, I find that Heron Drive is constructed to an inadequate standard to
safely accommodate mixed use travel. In my opinion, there is considerable
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EOWARO STEVENS & AsSOCIATES
ENGINEERS, INC.
Mr. Les Powers
June 7, 2004
impact to the neighboring built environment as a result of increased residential
density and imposed travel pattems created by parking arrangements.
As a reviewer, it is not my responsibility to complete the Draft EIS. My review
indicates, however, that the adequacy of disclosure for impacts and mitigating
measures conceming roads interior to the Ludlow Bay Village Plat is lacking in
the Draft. This subject needs to be considered by the proponent and made
available for review as part of the SEP A process prior to adoption by Jefferson
County.
The existing owners abutting Heron Drive and future owners and visitors to the
area deserve the orotection of infrastructure that meets adooted standards in
accordance with existina laws and reaulations. SEPA approval should be
withheld until impacts can be fully assessed and mitigation can be agreed to by
the interested parties.
Sincerely:
EDWARD STEVENS AND ASSOCIATES, ENGINEERS, INC,
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CURRICULUM VITAE
Henry 1. Borden, P.E., P.L.S.
Name:
Henry 1.(Hank) Borden
Address:
Home
2207 Allen Road S.E.
Olympia, Washington 98501
Office
606 Columbia Street N.W., Suite 214
Olympia, Washington 98501
Education:
High School
Wishkah Valley High School
1958 - 1961
Junior College
Grays Harbor College, 1962 - 1964
Graduated in Pre-Engineering
College
Washington State University, Bachelor of Science
Degree in Civil Engineering, May 1967
Professional:
eMember, Land Sprveyors Association of Washington,
Southwest Chapter
eProfessional Engineer in Washington, Certificate
#13676
eProfessional Land Surveyor in Washington, Certificate
#13676
Technical Experience:
February 6, 1997 to Edward Stevens & Associates, Engineers, Ioe.
present Transportation Engineering Specialist
Work at Edward Stevens and Associates involved preparation of
traffic impact studies, topographic surveying of streets and
highways, preparation of topographic drawings, analysis of
roadways for safety related issues, engineering report writing,
writing declarations, client interface, supervision of drafting and
technical staff I have provided expert testimony and given
depositions in court cases involving safety issues related to streets
and highways.
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Skillings-Connolly, Inc., Project Manager and Surveyor of
Record for a consulting engineering and land surveying firm of
approximately 34 personnel.
During my 54 months at Skillings-Connolly, I was in charge of all
surveying for the firm. This responsibility included organizing,
directing, reviewing, and stamping of all land surveying projects,
including legal boundary surveys, plats, subdivisions, boundary line
adjustments, construction surveys, topographic surveys, writing
legal descriptions, section subdivisions, General Land Office
retracements, and other work.
Typical projects included:
Surveyor and Engineer of record for the Plat ofLoma Vista, a 59
lot rural subdivision in south Thurston County, the D.B. Story
Subdivision, a 53 lot subdivision in the City ofLongview and the
Plat of Noble Firs, a 28 lot subdivision in the City of Lacey,
Washington.
Surveyor of record for the Plats of Redwood Estates and King's
Court in the City of Olympia, and the Plat of Haussler Heights in
the City of Kelso, Washington.
Complete survey of Section 21, Township 30N, Range 3 West of
the W.M. and establishment of a wetland mitigation site for the
Washington State Department of Transportation. This project
involved section subdivision and General Land Office comer
retracement for the WSDOT Sequim Bypass Project.
Many topographic surveys for the purpose of street design, plat
design, site development, and miscellaneous design purposes.
Many boundary and lot surveys were completed during this time
period. Boundary line adjustments, short plats, large lot
subdivisions and planned unit developments were typical small
survey projects routinely completed.
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Construction surveys were calculated by myself or survey
technicians, field surveyed by field crews under my supervision,
and reviewed in the field by me. Typical construction surveys
included water and sewer line staking, road and street staking,
building foundation staking, lot boundary staking, as-built plan
surveys, surveys for easement preparation, and more. There were
no claims for inaccurate staking work in my 54 months with this
firm.
I also completed design of civil projects and performed project
management for a variety of private and public clients, including:
Washington Department of Transportation, Port of Tacoma, City
of Lynnwood, Washington Department of General Administration,
developers of private subdivisions, Lower Columbia Community
Action Council, miscellaneous site development projects.
Typical civil design projects that I personally completed as a
"hands on" project manager are:
Design of Work Zone Traffic Control (WZTC) plans for the
Washington State Department of Transportation's Olympic
Interchange project. I was certified by WSDOT as a Work Zone
Traffic Control Supervisor prior to completing plans for this
project. The certification was given by Sverdrup Civil, Inc., after
attending WSDOT's WZTC supervisor training seminar in the
spring of 1994. Sverdrup Civil prepared and taught the course for
the WSDOT,
Design 'and civil plans for a walking path at the Washington
Department of Labor and Industries Headquarters Building in
Tumwater, Washington.
Design and civil plans for three pavement rehabilitation projects,
including railroad track reconstruction at the Port of Tacoma's
North Intermodal Yard. Included field surveys, cost estimating,
and plan preparation.
I was involved in promotional work for the firm, including
preparation of proposals for civil projects, project scoping and
estimating, attendance at job interviews.
I also completed grant applications for public funding of
transportation projects for client agencies,
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7/84 - 8/92
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Twenty-five years and three months with the Washington
Department of Transportation with general duties as outlined
below:
System Evaluation Supervisor
I supervised a headquarters section involved with the following
work program:
eHighway Performance Monitoring System.
Modeling the state's highway system in terms of performance and cost.
.Conducting legislative and other types of special studies.
.Monitoring and updating the system of statewide highway functional
classification.
I worked on the State Legislature's Route Jurisdiction Study, a
study to refine the definition of State Highway, and to recommend
route changes between State and Local Agency jurisdiction to be
consistent with the refined definition of State Highway. This study
resulted in the transfer of hundreds of miles of roads between state
and local jurisdictions.
I worked on the Federal Highway Administration's Highways of
National Significance Study. This study was conducted for the
Federal Highway Administration by the States for the purpose of
conforming to the revised Highway Program mandated by the
Surface Transportation Act of 1991.
I learned state-of-the-art computer techniques for modeling
highway systems for performance characteristics while working
with the Highway Performance Monitoring System. This is a
modeling effort done by all 50 states for the purpose of producing
the Federal Highway Administration's annual report to the
Congress entitled "The Nation's Highways--Conditions and
Performance". I wrote and distributed two publications for local
agency use during this time period, entitled:
"Short Count Factoring Guide", a guide book of recommended
practice for local agency traffic counting programs,
"The Highway Performance Monitoring System--Facts and
Figures", an informational publication of highway statistics and
cost analysis for the State of WaShington.
Training taken through WSDOT included management and
personnel relations courses, and the following WSDOT technical
courses:
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eLegal Aspects of Highway Engineering, a WSDOT contract
course led by Michael Duggan of the King County Prosecutor's
Office.
eBeginning and advanced Highway Capacity Manual courses.
-Quick Response Travel Estimating Techniques, utilizing QRS
software for producing traffic estimates for spot developments.
Assistant District Materials and Project Engineer
I was responsible for the day-to-day operations of a District
Section doing soils drilling, foundation analysis, materials
quality control, minor plan production, design surveying,
and construction inspection.
The duties consisted of production of strip maps for minor
design projects, including curve realignments, intersection
upgrade projects, and paving projects. These projects were
field surveyed, mapped, and designed under my direct
supervision.
I designed a system of estimating project costs for the
District Three pavement rehabilitation program. This
involved scoping all paving projects for the district's
biennial program, including evaluation of deficiencies,
identification of safety hazards, and costs to cure. The end
product was a scope of work for contract plan production
purposes, and an associated cost estimate to complete the
work. I did this work for three years while I was in the
District (now Olympic Region) Office.
I evaluated pavement defects and produced resurfacing
reports for pavement rehabilitation contract production for
the district design program.
Conducted soils slope stability investigations, and
recommended solutions to our Headquarters Soils
Engineering Group.
Assistant District State Aid Engineer
Duties as Assistant District Three (now Olympic Region)
State Aid Engineer included administration of Federal Aid
pass-through programs to the Cities and Counties of the
seven northwest counties and cities within those counties.
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Federal Aid programs I worked with were Bridge
Replacement, Federal Aid Secondary, and the various
sections ofthe Federal Aid Safety Program, including
Railroad Crossing Upgrade Program, Safer Off System
Program, Hazardous Intersection Program and the
Pavement Marking Demonstration Program. I issued calls
for prospectuses, evaluated and graded prospectuses
according to criteria fonnulated by headquarters offices, set
up reimbursable accounts for the projects, administered
payments oflocal agencies, and assisted the Federal
Highway Administration with inspections and
documentation requirements.
I worked as Assistant to the Project Engineer in a major
location and design office. This office specialized in large
projects requiring Environmental Impact Statements:
.Port Townsend Ferry Terminal Site Study - I scheduled,
directed, and managed day-to..day operations for this multi-
disciplinary study leading to the recommended location for the
present Ferry Terminal in Port Townsend. This study
developed alternative designs and cost estimates for ferry
terminal sites, and also conducted an intensive public attitude
survey in the area to assess public desires and community
visions for the project, Public hearings were held, and
questionnaires were written, circulated, and evaluated.
-Trident Base Access Study, Kitsap County - I scheduled,
coordinated and managed day-to-day operations for a multi-
disciplinary study of design alternatives and environmental
impact studies leading to a recommended design and EIS for
the new State Route 3 access to the Naval Submarine Base,
Bangor. I organized and managed this study from its inception
to a point where the design and limited access hearings were
ready to be held. This study included a citizen attitude survey
conducted by questionnaire.
-Tacoma Spur Study - I finalized the citizen participation
aspect of this environmental impact statement, including
evaluation of alternative designs. The study resulted in what is
now Interstate 705 in Tacoma.
-SR 167 Environmental and Location Study - I supervised the
final environmental impact statement and contract plans for
the section of SR 167 from Puyallup to the King County line.
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I worked in the Aberdeen field office of Washington Department of
Highways under John Hart, Project Engineer. I was promoted from
Highway Engineer 1 to Highway Engineer 4 in this office.
I gained a solid background in Highway Engineering in this nine
year period, including surveying for right-of-way mapping,
surveying for construction projects, including bridge and roadway
layout and staking, slope staking, river channel realignment staking,
surveying in tidal zones and topographic surveys for highway
development projects. I estimate that I spent three years solid in the
field in personal charge of field survey work. The remainder of this
period always included scheduling and designing a wide variety of
surveys, doing office computations for survey work, and turning
out finished survey projects. Field surveys and office computations
for contractor pay quantities were a routine part of work in this
office, for the entire period that I was there.
I qualified to sit for the Land Surveyor's Examination based upon
work done in this office in right -of-way mapping, boundary surveys
for highway construction projects, construction pay quantities, and
became a Licensed Land Surveyor in 1979,
Significant projects included:
-Project inspector for the Shelton Bypass. I was the Department's
lead inspector and surveyor in the field for this new five-mile section
ofSR 101 bypassing the Town of Shelton in Mason County. This
project included four bridges, three channel changes, three
interchanges, and several miles of frontage road construction. I was
responsible for all field staking, right-of-way staking, inspection,
contractor relations, and pay quantity calculation for this project.
-Project inspector for the Aberdeen-Hoquiam one-way couplet, a
major realignment and construction of a one-way street system in
the Cities of Aberdeen and Hoquiam. I was responsible for all field
staking, inspection, contractor relations, and pay quantity calculation
for this project. I was the survey party chief and surveyor for
construction staking on the twin SR 107 overcrossing bridges on SR
12 near Montesano, and the lift span structure across the Hoquiam
River at 6th Street in the City ofHoquiam
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I served as Office Engineer for this office for a period of
approximately three years. Duties included organization of office,
supervision of design projects, calculation of pay quantities for
contract work and production of contract plans for general highway
work.
As a staff Engineer for the Aberdeen Hoquiam Expressway Study, I
evaluated alternative designs, prepared presentations for the
citizens' advisory committee, and the interdisciplinary team assigned
to the study. I supervised field operations for a citizens' attitude
survey by questionnaire, and organized day-to-day office operations
for the study. This was a preliminary study for the anticipated
construction of a new expressway through the Cities of Aberdeen
and Hoquiam. This study is still underway, in one form or another.
There were many minor to medium projects worked on during this
time period. They are too numerous to mention, but project types
included bridge site mapping for replacement, surveys for pavement
rehabilitation, safety item installation, contract plans for the Elwha
River Bridge and approaches, river erosion control projects, paving
projects, safety design and construction projects, slide correction
projects, and more. These projects typically involved work in both
design and construction phases.
80f8
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.. FILE COp.y
Master Declaration of
Covenants, Conditions, Restrictions, Assessments,
Charges, Liens, Reservations and Easements for
Ludlow Bay Village
LOG ITEM
#30~
Page ~ ofJID.
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~.A?': E, GABOURY
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HAS'rER DECLARA'rION OF
COVENANTS I CONDI'rI:ONS I REST:R.I:CTIONS I ASSESSHEN'l'S I
CHARGES I LIENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
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BY
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LOG ITEM
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Page S 7 oflID-
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TABLE OF CONTENTS
MASTER DECLARATION OF
COVENANTS t CONDITIONS t RESTRICTIONS, ASSESSMENTS t
CHARGES, LIENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
SECTION
1.~
1.2
i.3
1.4
1.5
1.6
1.7
l..8
~.9
l..1.0
1..1l.
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
L30
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Page 5"~ofJDl
ARTICLE I
DEFINITIONS
Annual Assessment
Architectural Review Committee
Articles
Assessable Property
'Assessment Lien
Associations
Board
Bylaws
COllU1l.On Areas
Covenants
Declarant,
Developer
Dwelling Unit
Exempt Property
Governing Documents
Inn
Lot
Ludlow
Ludlow
Mast.er
Master
Member
Membership
occupant.
Owner
Resident
single-Family
Special Assessment
Town Home Association
Visible From Neighboring Property
Bay Village Rules
Bay Village Design
Association
Declaration
Standards
l'iI
\in: 5f17 ,,::.1 ~
~
~
2
2
2
2
2
2
2
'3
3
3
3
3
3
3
3
J
3
4
4
4
4.
4
4
4
4
4
5
5
5
5
'r.,:7
4.22
4.23
4.24
4.25
~
Section
5.1
5.2
5.3
5.4
5.5
5.6
5.7
Section
6.1
6.2
Additional Wells
Pesticides, Herbicides and Fungicides
Declarant1s Exemption
Disputes
1"
14
14
14
ARTICLE 5
ORGANIZATION OF THE ASSOCIATIONS
Formation of the Master Association
Formation of the Town Home Association
Ludlow Bay Village Rules
Non-Liability of Officials and
Indemnification.
Manaqinq Agent
Records and Accounting
Inspection of BOOKS and Records
15
17
19
20
20
21
21
ARTICLE 6
MEMBERSHIP AND VOTING
Master Association
Town, Home Association
21
22
ARTICLE 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
Section
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.J.0
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creation of Lien and Personal obligation of
Assessments 22
Annual Assessments 23
Determination of Annual Assessment 23
Rate of Assessment 24
supe~iority of Assessment Lien 24
Maximum Annual Assessment 24
Special Assessments for Capital Improvements
and Extraordinary Expenses 25
Billing and Collection Procedures 25
Collection ~osts and Interest on Delinquent
Assessments 26
Evidence of Payment of Annual and Special
Assessments 26
iii
vat:
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vat.~
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Sect.ion
4
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
Section
12.1
12.2
section
13.1
13.2
Section
14.1
14.2
14.3
14.4
14.5
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ARTICLE 11
ARCHITECTURAL CONTROL
Lots Subject to Ludlow Maintenance
Commission Architectural Review 32
Establishment of Master Association
Architectural Review committee 33
Review by Co~~ittee 33
Appeal 34
Fee 34
Ludlow Bay Village Design Standards 34
Violation of Approved Plans of the Committee 34
Non-Liability for Approval of Plans or
Directions Regarding Kaintenance and Repair 35
ARTI CLE 12
RIGHTS AND POWERS OF THE ASSOCIATIONS
Rights and Powers
Contracts with others for Performance of
the Associations' Duties
35
35
ARTICLE 13
INSURANCE
Insurance on Common Areas
Insurance on other Properties
36
37
ARTICLE 14
EASEMENTS
Maintenance Easement
Future utility Easements
Access and Use Easements Within the
TOwn Home Lots
Rights of Declarant Incident
Easements Deemed Created
38
38
38
to Construction 39
',.'.' 39
v
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19.4
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Rule Aqainst Perpetuities
Ret_ranees to the Kaster Declaration in
Deeds
vii
'tal. 507 ,.~191
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42
42
\I'
HAS~ER DECLARA~ION OF
COVEN~~S, CONDITIONS, RES~RICTIONS, ASSESSMENTS,
CHARGES, LIENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
~BXS ~ST2R DECLARA~ION of Covenants, Conditions,
Restrictions, Assessments, Charges, Liens, Reservations and
Easements (hereafter referred to as lithe Master Declaration") is
made this .:l5.;.;-. day of ,.....\r~'\J, 1994, by POPE RESOURCES, A Delaware
Limited Partnership (hereinafter referred to as "Declarant").
WITNESSETH:
WREREAS, Declarant is the Developer and Owner of certain
real property located in Jefferson County, Washington, consisting
of 17.87 acres, legally described in Exhibit A, attached hereto
and incorporated herein by this reference, which is located in
the unincorporated community of Port Ludlow (hereafter referred
to as uLudlo.", Bay Village"). Declarant intends to incorporate a
mix of uses within Ludlow Bay Village, including a restaurant,
m.arina, 36 room, 'IlInn at Ludlow Bay, 11 53 residential town homes
and 5 single family residences; and
WHBREAS, Declarant intends to dedicate portions of Ludlow
Bay Village for limited public use and access; and
WlIEREAS, Declarant desires to form two non-profit
corporations, . namely a (1) Master Association, the IlLudlow Bay
Village Association" (hereafter referred to as ItMaster
AssociationU), which is intended to provide for the management
and maintenance of the overall Ludlow Bay Village, including all
COlIlJIlon Areas; and (2) Town Home Association, the "Town Homes At
Ludlow Bay Association" (hereafter referred to as "Town Home
Associationn), which is intended to provide for. the management
and maintenance of the 53 residential town homes within Ludlow
Bay Villaqe (the Master Association and Town Home Association ma~ '
be collectively referred to herein sometimes as lithe
Associations"): and
WHEREAS, Declarant wishes to subject Ludlow Bay Village to
the covenants, conditions, restrictions, assessments, charges,
liens, reservations and easem.ents set forth in this Master
Declaration (hereafter referred to as llCovenants"); and
WHEREAS, in order to cause the Covenants to run with the
property comprising Ludlow Bay Village, and to be binding thereon
and upon the Owners, Residents and Occupants thereof from and
MASTER DECLARATION - 1
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after the elate of recordation of this Master Oec:laratiol1.,
Declarant hereby makes all conveyances within LUdlow Bay Villase,
whether or not so provided therein, subject to the Covenants
herein set forth; and by accepting deeds, easements or other
grants or conveyances to any property within Ludlow Bay Village,
the Owners, Residents and other transferees for themselves and
their heirs, executors and administrators, trustees, personal
representatives, successors and assigns, agree that they shall be
personally and collectively bound by all of the Covenants
(including but not limited to the obligation to pay assessments)
hereinafter set forth.
NOW, THEREFORE, DECLARANT hereby declares as follows:
ARTICLE 1
DEFINITIONS
The words, phrases or terms used in this Master Declarath:!'.
shall have the following meanings:
Section 1.1 "Annual .AssesSUlentll shall mean the charge
levied and assessed each year against each Lot pursuant to
Article 7 of this Master Declaration.
Section 1.2 tlArchitectural Reviev Committeell shall mean the
committee of the Master Association to be created pursuant to
Article 11 of this Master Declaration.
Section 1.3 "Articles" shall mean the Articles of
Incorporation-of the Associations as the same may from time-to-
time be amended or supplemented.
Section 1. '" ttAssessable property" shall mean all property
within Ludlow Bay Village, including I but not limited to
residential town home and single family lots; marina, restaurant
and Inn, except any portion of Ludlow Bay Village designated
herein as ExeUlpt Property. .
Section 1.5 llAssessment Lien" shall mean the lien createQ.
and imposed by Article 7.
Section 1.6 "Associations" shall mean the Ludlow Bay
Village Association and the Town Homes At Ludlow Bay Association,
both of which are Washington non-profit corporations, organized
by Declarant to eXe~cise all rights, powers and duties set forth
in this Master Declaration and other Governing Documents.
section 1.7 "Board" shall mean the Board of Directors of
the Associations.
MASTER DECLARATION - 2
VOi. 507 f'~:;c 193
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s.ct.ion 1.8 flaylaws't shall mean the BylaW's of the
Associations as the same may from time-to-time be amended or
supplemented.
Sect.ion 1.9 "Common A\reasll shall mean Tracts A, B, C, D and.
E as shown on the face ot the map of Ludlow Bay Village, which
shall remain open space in accordance with the terms and
conditions set forth herein, for the life of the project.
Thereafter, use of the Common Areas shall be at the discretion of
the Master Association Board.
section 1.10 "Covenants'l shall mean the covenants,
conditions, restrictions, assessments, charges, liens,
reservations and easements set forth in this Master Declaration.
sect.ion 1.11 "Declarant" shall mean Pope Resources, A
Delaware Limited rartnership, orqanized under the laws of the
state of Delaware.
Sect.ion 1.12 "Developer" shall JUean and refer to Pope
Resources, A Dela~are Limited Partnership.
Section 1.13 uDvelling O'ni tll shall mean any building or
portion of a building, including a town home o:=: single-family
residence, situated upon a Lot designed and inter-ded for use and
occupancy as a residence.
Section 1.14 "Exempt Property II shall mean the following'
portions of LUdlow Bay Village:
(a) All land and imorovements owned by or dedicated
to and accepted by the United States, the State of
Washington, Jefferson County, or any political
subdivision thereof, for as long as any such
governmental entity is the owner thereof or for so
long as said dedication remains effective; and
(b) All Common Areas.
Section 1.15 "Governing Documents" shall mean this Master
DeClaration, the Articles and Bylaws of the Associations, any
applicable Ludlow Bay Village Rules, Ludlow Bay Village Design
Standards, and any subsequent amendments to said documents.
Section 1.16 "Inn" shall mean the new Inn at Ludlow Bay I
which is being constructed on the property subj act to this Master
Declaration. '
Section 1.17 "Lot" shall mean any area of real property
within Ludlow Bay Village designated as a residential town home
or single family residential Lot by any appropriate means of
MASTER DECLARATION - 3
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governmental approval recorded or approved by oeclarant, together
'With all appurtenances, improvements, and residences. now or
hereafter built or placed on the Lot,
section 1.1.8 "Ludlow Bay Village Rules" shall mean the
rules for LUdlow Bay Village established or adopted by the
Declarant or Master Association Board pursuant to Article 5.
Section 1.19 "LudIov Bay Villaqe De5ig'n standards" shall
mean the Ludlc., Bay Village design standards established or
adopted by the Declarant or Master Association Board as set forth
in Article 11.
Section 1.20 "Kaster Associationl1 shall mean the Ludlo'", Bay
Village Association, a Washington non-profit corporation.
sect.ion 1.21 "Kaster Declarationll shall mean this Master
Declaration of Covenants, Conditions, Restrictions, Assessments,
Charges, Servitudes, Liens, Reservations and Easements, as
amended or supplemented from time-to-time.
Section 1.22 IIMember" shall mean any 'person holding a
Membership in the Associations pursuant to this Master
Declaration. Xembers of the Master Association shall, ~ithout
exception, mean and refer to the owner(s) of any Lot, the marina,
the restaurant and. the Inn. Members of the Town Home Association
shall, without exception, mean and refer to the Ovner(s} of any
Town home Lot. Membership shall be appurtenant to, and may not
be separated from, ownership of land within Ludlow Bay Village.
Section "1.23 "Membership" shall mean a Membership in the
Associations,
Section 1.24 uoccupantll shall mean any person rightfully
occupying a Lot or other property within Ludlow Bay Village.
section 1.25 "OwuerU shall mean the record owner of a fee
simple interest in any Lot or other property within Ludlow Bay
Village, but excluding anyone who holds such title merely as
security. Purchasers and their assignees under recorded rea~
estate contracts shall be deemed Owners as against their
respective sellers or assignors.
Section 1.26 IIResident" shall mean:
(a) An Owner ac~ually residing in a residential
town home or single-family residence located on a
town home or single-family residential Lot within
Ludlow Bay Village;
MASTER DECLARATION - 4
VOt 507 ,~~c 195
"o~
, .
(b) Me~ers of the immediate family of each Owner
actually living in the same household within Ludlow
Bay Village with such Owner: and
(0) Tenants/Renters actually residing within a
residential town home or single-family residence
located on a town home or single-family residential
Lot in accordance and compliance with the terms and
conditions of this Master Declaration.
Section 1.27 "sinqle-Family",shall mean a group of one or
more persons each related to the other by blood, marriage or
legal adopt~on, or a group of persons not so related, but within
the occupancy limitations established by Jefferson County, who
maintain a co~on household in a Dwelling Unit. For purposes of'
this Kaster Declaration, "single family" shall also includ.e a
corporation, partnership or other entity that owns a town home or
single family residence within Ludlow Bay Village for use by its
directors, shareholders, employees, quests and invitees:
provided, that this definition shall not include any corporation,
partnership or other entity formed for the purpose of cooperat!ve
or cOtl4'1\unal living purposes to circumvent the intent of this
Section.
Section 1.28 "special Assessmentlt shall mean any assessment
levied and assessed pursuant to the special Assessment provisions
of Article 7.
Section 1.29
Homes At Ludlow
corporation.
"Town Home Association" shall mean'the Town
Bay Association, a Washington non-profit
Section 1.30 "Visible From Neighboring Prop erty" shall
mean, with respect to any given object, that such object is or
would be visible to a person six feet tall, standing at ground
level on any part of a Lot or other property within Ludlow Bay
Village.
ARTICLE 2
PROPERTY SUBJECT TO KASTER DECLARATION
Section 2.1 General Declaration creating Ludlow Bay
V~llage. Declarant intends to develop LudlOW Bay Village into a
mJ..x of cO&lUl:l.ercial and residential uses, Declarant hereby
declares that all of the real property within Ludlow Bay Village
is and shall be held, conveyed, encumbered, occupied, built upon
or otherwise used, improved or transferred, in whole or in part,
subj act to this Kaster Declaration, as amended from time-to-ti1'l1e.
This Master Declaration is declared to be in furtherance of a
qeneral plan for the overall improvement of Ludlow Bay Villa9~
MASTER DECLARATION - 5
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and is established for the purpose of enhancinq and perfectinq
the value, desirability and attractiveness of' LUdlow Bay Villaqe.
This Master Declaration, as hereafter may be modified or amended,
shall run with all property within Ludlov Bay Village and shall
be binding upon and inure to the benefit of Declarant, the
Associations, all Owners, Residents and Occupants, and their
successors and assigns. However, nothing in this Declaration
shall be construed to prevent Declarant from dedicating or
conveyinq portions of Ludlow Bay Village, such as streets,
portions of the Common Areas and/or easements to any governmental
entity.
Section 2.2 Associations BOUnd. . This Master Declaration
shall be binding upon and shall benefit the Associations upon
issuance of Certificates of Incorporation for the Associations C';;'
the state of Washington,
ARTICLE 3
EASEMENTS AND RIGHTS OF ENJOYMENT
IN COMHON AREAS
Section 3.1 Easements Of Enjoyment. Every Owner, Resident,
Occupant and Member of the Master Association shall have a non-
exclusive right and easement of enjoyment in and to the Common
Areas, which easement shall be appurte.nant to and shall pass .....ith
the title to all property within Ludlow Bay Villaqe, subject to
the following provisions:
3.1.1 The right of the Master Association to suspend
the voting rights and right to use of the Common Areas by any
Member (i) for any period during which any Assessment aqainst
such Owner's property remains delinquent; (ii) For a period not
to exceed sixty (60) days for any infraction of this Master
DeClaration, Ludlow Bay Village Rules or Ludlow Bay Village
Design Standards; and (iii) for successive sixty (60) day periods
if any such infraction is not corrected during any prior sixty
(60) day suspension period; .
3..1.2 The right of the Master Assoc~ation to dedicate,
grant or transfer such permits, licenses and easements for
utilities, roads, public use and access and/or other purposes
consistent with the intended use of the Common Areas or ~,:;
otherwise provided in this Master DeClaration, and reasonably
necessary or desirable for the proper use, maintenance or
operation of the Common Ar~as;
3.1.3 The right of the Master Association to regulate,
through Ludlo..... Bay Village Rules, use of the Common Areas as set
forth herein. The Master Association shall have the right to
implement normal behavior standards and reasonable usa
MASTER DECLARATION - 6
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restrictions with regard to the Common Areas, including, but not
limited to, the right to regulate the number of guests, hou~s and
uses of the Common Areas, and restrict or prohibit pets,
vehicles, alcohol consumption and/or loud music, In addition I
the Master Association shall have the right to restrict access to
those portions of the Common Areas, such as drainage e~se~ents
and/or ponds and/or steep slopes, that are not intended for
general use: provided, however, that it is expressly understood
that the Mas~e~ Association shall not restrict use of the Co~on
Areas by guests of the Inn or the Port LudloW' Marina beyond those
restrictions a~plicable to all Owners;
J .1. 4 The right of Declarant, reserved hereby, to non-
exclusive usa of all Common Areas for display, sales,
promotional, and other purposes deemed useful by Declarant and
its aqents and representatives in advertising or promoting LudloW'
Bay Village. This right shall permit Oeclarant to allow
unlimited use of the Common Areas by guests and prospective
purchasers.
ARTICLE "
~~ USE CLASSIFICATIONS, PE~~ITTEn USES AND RESTRICTIONS
The follcwing covenants, conditions and restrictions are
hereby imposed upon all properties within Ludlow Bay Village:
Section '.1 Architectural Control. No improvements,
alterations, repairs, excavation, grading, removal of trees with
base trunk diam.eter exceeding six inches (6") I landscaping' or
other work which in any way alters the exterior appearance of any
property within Ludlow Bay Village, or the improvements located
thereon, from its natural or Declarant i~proved condition
(existing as of completion of Declarant t s construction thereon or
improvements thereto) shall be made or performed without complete
compliance with Ludlow Bay Village Design Standards and prior
written approval of the ArChitectural Review Committee. All
subsequent additions to, changes or alterations in any building,
structure, including exterior color scheme, or landscaping and
all changes in the qrade of any property wi thin Ludlow Bay'
Village, shall be subject to complete compliance with Ludlow Bay
Village Design Standards and prior written approval of the
Architectural Review Committee. No changes or deviations in or
from the plans and specifications once approved by the
Architectural Review committee shall be made without prior
written approval of the Architectural Review committee. All
oriqinal construction as well as any modifications or additions
thereto as shall be constructed by Declarant shall be exempt from
the provisions of this Section.
MASTER DECLARATION - 7
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section 4.2 Animals. No animal, bird, fo~l, poultry or
livestock, other than one (1) generally recognized house or yard
pet ("Petti), shall be maintained on any Lot and then only if it
is kept thereon solely as a domestic pet and not for commercial
purposes. No Pet shall be allowed to make an unreasonable amount
of noise or to become a nuisance. No structure for the care,
housing or confinement of any Pet shall be maintained outside of
any Dwelling Unit, nor shall any pet be permitted to be housed or
kept outdoors. Each Owner shall be responsible for the removal
and disposal of all solid animal waste of his Pet from any
property within Ludlow Bay Village. No Pet shall be permitted on
any property within Ludlow Bay Village, other than the Owner's
Lot, unless controlled on a leash or similar device. Upon the
written request of any Member, the Master Association Board shall
conclusively determine, in its sole and absolute discretion,
whether for the purposes of this section a particular animal,
bird, fowl, poultry or livestock is a nuisance or a generally
recognized house or yard pet and whether there has been a
violation of this Section. Any decision rendered by the Master
Association Board shall be final and binding and enforceable by
Court injunction and/or any other remedy provided by Washington
law,
Section .;3 Temporary Occupancy And Temporary Buildings.
No travel or other trailer I camper or canopy, recreational
vehicle, boat, basement of any incomplete building, shed, tent,
shack or garage, and no temporary buildings or structures of any
kind, shall be used at any time for a residence, either temporary
or permanent.
Section 4.4 storage Sheds And Outside storage. No storage
buildings or sheds, whether prefabricated, metal or any other
construction whatsoever, whether permanent or temporary I shall be
moved, placed, assembled, constructed or othe~~ise maintained on
any Lot. Furniture, fixtures, appliances, or other goods not in
active use shall not be stored on any property within Ludlow Bay
Village in such manner that such items are 'visible From
Neighboring Property.
Section 4.5 Nuisances; Construction Activities; Hazardous
Activities; Lighting. No rubbish or other debris of any kind
shall be placed or permitted to accumulate upon or adjacent to
any property within Ludlow Bay Village, and no odors or loud
noises shall be permitted to arise or emit from any property
within Ludlow Bay Village so as to render any such property or
any portion thereof, or activity thereon, unsanitary, unsightly,
offensive or detrimental to any other property within Lud~ow Bay
Village or to the occupants of such property. No other nuisance,
unsafe or hazardous activity shall be permitted to exist or
operate upon any property within Ludlow Bay Village so as to be
,offensive or detrimental to any other property within Ludlow Bay
,
.
MASTER DECLARATION - 6
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Village or Occupants thereof. Normal construction activities and
parking in connection with the buildinq of improvements shall not
be considered a nuisance or otherwise prohibited by this Master
Declaration, The Master Association Board in its sole discretion
shall have the right to determine the existence of any nuisance,
which decision shall be bindinq and enforceable. Without
limiting the generality of the foregoing, no firearms shall be
discharged within Ludlo~ Bay Village, and no explosives of any
kind shall be discharged or stored upon any property within
Ludlow Bay Village or pet'"litted within Ludle... Bay Village;
provided, however, that the Master Association Board may consider
permission on a case-by-case basis, at .its sole discretion, with
regard to promotional activities, such as fireworks displays and
similar extraordinary events. Further, the Declarant, and its
employees, agents, representatives or. contractors, shall be
entitled to store and discharge explosives, if necessary, with
regard to development of Ludlow Bay Village. No open fires shall
be lighted or permitted on the Lots, except in a contained
outdoor fireplace or barbecue unit while attended. Artificial
outdoor lighting on Lots shall be arranged so that the light is
shaded and otherwise directed a~ay from adjoining properties and
so that no more than one foot candle of illumination leaves the
Lot boundaries,
Section 4.6 Repair ot structures~ No structure on any
property wi thin Ludlow Bay village shall be pe:::-mi tted to. fall
into disrepair and each such structure shall at all times be kept
in good condition and repair and adequately painted or otherwise
finished. In the event any st'ructure is damaged or destroyed,
then, subject to the approvals required herein, such structure
shall be i~"'tlediately repaired and rebuilt, unless otherwise
provided in this Master Declaration.
Section 4.' Antennas, Satellite Dishes And Cable
Television. No antenna, satellite dish or other similar device
for the transmission or reception of television or radio
(including ham radio) signals or any other similar device shall
be erected, used or maintained outdoors on any property within
Ludlow Bay Village; provided, that the Master Association Board
shall have the right to designate a specific location within th~
Common Areas for the placement of any such device if (1) the
device is intended to service Ludlow Bay Village in general, such
as a community satellite dish; and (2) the device is adequately
screened in the opin~on of the Master Association Board. It is
expressly declared that Declarant or the Master Association will
likely establish either satellite service or cable television
service during the initial development of Lud.low Bay Village. If
so, then each Lot shall be required to connect to said system and
pay periodic fees, if applicable, for said service.
Notwithstanding anything to the contrary herein, in the event
that advanced or future technology is available such that
MASTER DECLARATION - 9
vai. 507 I'A;,"200
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antennas, satellite dishes or other similar devices can be
adequately screened and made aesthetically pleasing, then the
Master Association Board, at its sole discretion, may modify this
covenant regarding such devices.
section 4.8 Trash Containers And Collection. No trash or
other debris shall be placed or kept on any property within
LudlOW Bay village, except in covered sanitary containers of a
type and size ~hich are approved by the Architectural Review
Committee. With regard to Lo,ts, Declarant or the Master
Association may establish a trash collection procedure that will
apply to all, 'o~ a portion of, the Lots. This procedure must be
followed, unless alternative arrangements are established by the
Master Association. With regard to other property within Ludlow
Bay Village, all trash collection containers shall be properly
screened, such that they are not Visible From Neighboring
Property, eXgept during brief periods of collection. No outdoor
incinerators shall be kept or maintained on any Lot.
section ~.g Clothes Drying Facilities And Playground
Equipment. No outside clotheslines or other outside facilities
for drying or airing clothes; and no playground equipment
including, but not limited to, swing sets, slides and sandboxes,
shall be maintained on any Lot.
Sect.ion 4.10 Machinery And Equipment. No machinery or
heavy' equipment of any kind shall be - placed, operated or
maintained upon any Lot, except (i) such machinery or equipme~t
as is usual and customary in connection with the use, maintenancEt
or construction (during the period of construction) of a Dwelling
Unit, building, appurtenant structures, improvements or grounds
maintenance; or (ii) that which Declarant or the Master
Association may require for the operation and maintenance of any
portion of Ludlow Bay Village.
section 4.11 Signs. No signs whatsoever which are Visible
From Neighboring Property shall be erected or maintained on any
Lot except:
(i) Signs required by legal proceedings, or politica+
election signs (must be removed immediately after the election),
and then the sign shall not exceed 1811 x 24" and shall only be
permitted if affixed to the dwelling, unless otherwise mandate~
by Court or Washington law;
(ii) One IIFor Salet' or IIFor Rentll sign not exceeding
18" X 24" in area, provided that any such si9n shall be affixed
to the dwelling (no yard or post signs shall be permitted) ;
(iii) One identification sign for individual
residences not exceeding 6" x 1211 in a location designated by the
\
MASTER DECLARATION - 10
'1Gi. 507 F~:c 201
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Declarant or approved by the ^rchitectural Review Committee;
and
(iv) Signs of Declarant or signs authorized by
Declarant for olacement on any property wi thin LUdlow Bay
Village. All such signs shall be removed by the Owner promptly
upon cOQpletion of their intended usa. '
Section "'.:12 Restriction On Further Lot Subdivision,
Property Restrictions And Rezoning. No Lot within LudloW' Bay
Villaqe shall be further subdivided. No portion less than all of
any such Lot, nor any easewent or othe~ interest therein, shall
be conveyed or transferred by an Owner; provided, however, that
undivided joint ownership is permitted. Notwithstanding the
above, this provision shall not, in any way, limit Declarant from
subdividing or separating into Lots any property within LUdlow
Bay Village at any time owned by Declarant or from subdividing
the same. No further covenants, conditions, restrictions or
easements shall be recorded by any Owner or other person aqainst
any Lot without the provisions thereof having been first approved
in writing by the Master ^ssociation Board, and any covenants,
conditions, rest=ictions or easeme.nts recorded without such
approval being evidenced thereon shall be null and void. No
application for variances, or special or conditional use permits
$hall be filed with any governmental authority unless the
proposed use of the Lot has been approved by the Master
Association Board and the proposed use otherwise complies with
this Master Declaration, as may be amended from time-to-time,
Section.~.13 Restrictions On Residential Rental.
.(, .13.1 Except as otherwise provided in subsection
14.13.2, the entire Dwelling Unit may be let to a single family
tenant from time-to-time by the Owner; provided, such tenancy
shall not be less than six (6) consecutive months to the same
tenant. No Subletting shall be allowed. All leases and rental
agreements shall be in writing and specifically-shall state (l)
that they are subject to each and every requirement, covenant,
condition and restriction of this Master Declaration and other
Governing Documents, (2) that any failure by the tenant to comply
with the terms of the Governing Documents shall be a default
under the lease or rental agreement, and (3) that the Owner
grants to the Master Association Board ant'! its Managinq Agent, if
any, the authority to evict the tenant on the Owner's behalf for
such default, upon only such notice as is required by la~. If
any lease or rental agreement does not contain the foregoing-
provisions, such provisions shall nevertheless be deemed to be a
part of the lease and binding upon the Owner and the tenant by
reason of inclusion in this Master Declaration. Neither the
Master Association Board, nor its Manaqing Agent, if applicable,
shall be liable to the Owner or the tenant for any eviction under
"
I'
MASTER DECLARATION - 11 .
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this subsection that is made in good faith. Copies of all leases
and rental agreements shall be delivered to the Master
Association office p:ior to co~~encement of any tenancy,
4.13.2 In addition to the longer term rental permitted
by subsection 4.13.1, short term rental, defined as daily, weekly
or monthly, shall be permitted on town home Lots TH 1 through TH
13; provided that all arrangements for short term rental shall be
made only through the Inn and subject to all tenns and conditions
imposed by the Inn for such rental.
Section 4.14 Utilities And utili~y Easements.
(a) All p:operties within Ludlow Bay Village shall be
connected to sanitary sewer and water' utilities provic.ed by
Declarant, or its successors and assigns. Owners within Ludlow
Bay Village will be subject to reasonable monthly or periOdic
service charges as determined by the provider, utility company
and/or State of Washington. owners may also be required to pay
a connection charge at the then standard rate established by said
companies at the time of connection in the event said utilities
were not installed by Declarant during the initial construction.
Certain utilities, s~ch as street lights, may be provided to the
Master Association and paid with assessments collected pursuant
to this Master Declaration.
(b) A blanket easement is hereby reserved, granted,
conveyed and created upon, across, over and under the Common
Areas, and all other property within Ludlow Bay Village, for
ingress, egress, installation, repair and maintenance of all
Declarant authorized utilities as installed in connection with
the initial developnent of said properties including, but not
limited to, water, sewer, gas, telephone, fiber optic cable,
electricity and cable television syste~s. As a condition of the
easement, all utility companies shall be required to promptly
remove all debris and restore the surface of any affected
property within Ludlow Bay Village as nearly as possible to the
condition it was in at the time of commencement of such work.
(c) After the date of recording this Master
Declaration, and except for maintenance and repair of existing
utilities, no lines, wires, conduits, cables, pipes or other
devices for the communication or transmission of utilities
including, but not limited to, electric, gas, water, telephone,
fiber optic cable or cable television, shall be erected, placed
or maintained anywhere in qr upon any property within Ludlow Bay
Village, unless the same shall be contained underground, or
subsequently approved by the Architectural Review Committee.
However, temporary above-ground utilities incident to
construction of improvements' within Ludlow Bay Village are
permitted with Architectural Review Committee approval i provided,
MASTER DECLARATION - 12
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that removal of such temporary above-ground utilities must occur
immediatelY upon com?letion of construction.
section 4.15 Walls, Pences And Eedqes. Unless constructed
by Declarant dur~n9 initial development of Ludlow Bay Village, no
wall, fence or hedge shall be constructed, placed or maintained
on any town home or single-family Lot within LUdlow Bay Village.
All walls, fences and hedges on commercial properties shall be
subject to prio:- A:-chitectural Review COl'M\ittee approval and
shall be in strict compliance with the Ludlow Bay Village Design
Standards.
Section ".1.6 Trucks, Trailers,' Recreational Vehicles,
Campers Or Soats. No motor vehicle classed by manufacturer
rating as exceeding 3/4 ton, recreational vehicle" mobile home,
travel trailer, ca~per (detached or otherwise), tent trailer,
utility trailer, camper shell, boat, boat trailer, or other
similar equipment or vehicles may be parked, maintained,
constructed, reconstructed or repaired on any Lot within Ludlow
Bay Village. Not~ith5tanding the foregoing, any of the above-
described vehicles ~ay be stored inside a garage, providing said
vehicles are not Visible From Neighboring Property. This
restriction shall not apply to cleaning, loading or unloading and
short term parking which shall be permitted for a cumulative
period not to exceed twenty-four (24) hours in any calendar
month.
section 4.11 Kotor vebicles. No auto~obile, motorcycle.
motorbike or other ~otor vehicle shall be constructed,.
reconstructed., repaired or rebuilt upon any property within
Ludlow Bay Villaqe, and no inoperable or unlicensed motor vehicle
(which otherwise would require a license) may be stored or park.ed
50 as to be Visible From Neighboring Property; provided, however,
that this restric~ion shall not apply to (i) emergency vehicle
repairs which require less than eight (8) hours to complete; and
( ii) vahicl as parked in garages, which. are not Visibl e From
Neighboring Property.
Section 4.18 Parking. It is the intent of the Declarant to
restrict on-street parking as much as possible. Vehicles of all
Lot Owners, Residents and Occupants, and their guests and
invitees, are to be kept in the garages, residential driveways
and other designated parking areas. No parking is allowed on an~r"
streets wi thin LUdlow Bay Village, unless otherwise designa tad by
the Master Association'Board.
Section ..19 R!qbt ot Entry. During reasonable hours and
upon reasonable notice to the OWner, Resident or Occupant of any
property within Ludlow Bay Village, any member of the
Architectural Review Committee (upon authorization of the Mas~er
Association Boardl, and any member of the Master Associatlon
MASTER DECLARATION - 13
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Board, Declarant, or any authorized representative of any of
them, shall have the right to enter upon and inspect any property
within Ludlow Bay Village, and the improvements thereon, except
for the interior portions of any Dwelling Unit, for the purpose
of ascertaining co~pliance with this Master Declaration and other
Governing Documents.
Section ~.20 Unnatural Drainage. Under no circumstances
shall any person be permitted to deliberately alter the
topographic conditions on any Lot in any way that would adversely
affect the approved and constructed storm water drainage or sewer
system.
Section ~. 21 No Prefabricated, Modular Or Manufactured
Rousing. No prefabricated, modular or manufactured housing,
including lllobile homes, shall be moved, placed, assembled or
maintained on any Lot as a Dwelling Unit or otherwise.
Section ~. 22 AdeH tiOllal Wells. To preserve and enhance the
water supply in the Port Ludlow area, no water wells shall be
placed on any property within Ludlow Bay Village.
Section ~.23 Pesticides, Herbicides And Fungicides.
Within Ludlow Bay Village, pesticides,and herbicides shall only
be applied by applicators licensed by the Washington State
Department of Agriculture consistent with the requirements of thp.:
WaShington Pesticide Application Act, RCW 17.21, and the
Washington Pesticide Control Act, RCW 15.56, as either Act may
from time-to-time, be amended or modified. Pesticides;
herbicides and fungicides with the shortest hydrolysis half-life
shall be used when reasonably available. A two week half-life is
desirable. Moreover, pesticides appearing on the United States
Environmental Land Agency I s IIpriority List of Leaching
Pesticides" shall not be used. Whenever feasible, pesticides,
herbicides and fertilizers should be applied during the dry
summer season, rather than the winter runoff periods.
Section 4.2. Declarant's Exemption. Nothing contained in
this Master Declaration shall be construed to prevent the
erection or maintenance by Declarant, or its duly authorizeQ,
agents, of any buildings, utilities, structures, improvements or
signs necessary or convenient to the developm.ent of sale of
property within LUdlow Bay Village.
Section ~.2S, Disputes. The Master Association shall have
jurisdiction over activiti~s permitted within the Common Areas.
The Master Association, through the Master Association Board,
unless specifically provided otherwise, shall have the right and
duty to enforce this Master Declaration, and shall have the right
to manage, maintain and govern the Common Areas as provided.
herein, All disputes, complaints or other matters relating to
MASTER DECLARATION - 14
va.. 507 fk:c205
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the Master Declaration or other Governing Documents shall be
submitted to the Master Association Board for determination,
unless otherJise provided herein to be within the authority of
the Architec~ural Review Committee. The decision of the Master
Association Board or Architectural Review Cot'UUittee, as
applicable, unless otherJise provided, shall be final.
ARTICLE 5
ORGANIZATION OF THE ASSOCIATIONS
section 5.1 Formation Of The Master Association. The
Master Association shall be charged with the duties and vested
with the powers set forth in the Governing Documents. Neither
the Articles nor Bylaws of the Master Association shall, for any
reason, be amended or otherwise changed or interpreted so as to
be inconsistent with this Master Declaration. The following
shall apply to the Master Association:
5.1.1 In order to assure that Ludlow Bay Village
will be adequately administered during the initial development
period, the affairs of the Master Association shall be managed
and conducted by Declarant for a period of five (5) years from
the date this Master Declaration is recorded, or until Declarant
voluntarily relinquishes such right, whichever shall occur first.
During this period of time, Declarant shall have the exclusive
right to appoint all members ot the Board of Directors, which may
consist of between three (3) and nine (9) members, and who may be
persons who are either employees or representatives of Declarant
or who own, Qr are purchasers of, properties within Ludlow Bay
Village. The Master Association Board appointed by Declarant
shall have the full authority and all rights, responsibilities,
privileges and duties to manage the Master Association in
accordance '.dth this Master Declaration and other Governing
Documents.
5.1.2 At the expiration of control -by Declarant
as set forth in subsection 5,1.1, all administrative power and
authority shall vest in the Master Association Board, to. be
composed of nine (9) members, which shall be designated a~
follows:
(A) ownerCs) of the marina property shall be
entitled to designate one (1) member to the Master Association
Board;
(B) Owner(s} of the restaurant property shall be
entitled to designate one (1) member to the Master Association
Board;
MASTER OECLA-~TION - 15
Yei. 507 f'~c206
vat 506 f,,;c 817
LOG ITEM
P~~~~OfJTI2
ee) Owner(s) of the Inn shall be entitled to
designate three (3) members to the Master Association Board;
(D) The Town Home Association shall be entitled
to designate three (3) members to the Master Association Soard;
and
(E) Owners of single-family Lots, by majority
vote among single-family Lot Owners(shall have the right to
designate one (1) member to the Master Association Board.
Each member of the Master Association Board shall be entitled to
one (1) vote on all matters to come before the Master Association
Board. A majority vote shall be required for all matters to come
before the Master Association Board,' except as otherwise
specifically provided herein.
5.1.3 The Master Association, through the Master
Association Board, shall be entitled to provide all goods and
services deemed necessary or des irable for the proper functioning
of Ludlow Bay Village, including, but not limited to, the
following:
(A) Providing for all utilities and other
services withi:'!. the Common Areas as deemed necessary or desirable
by the Master Association Board;
(B) Maintaining and landscaping the Common Areas
of the Master Association, inclUding roads and streets, parking
areas, if any, and storm water and drainage control systems,
inClUding, but not limited to, catch basins, piping, conveyance
facilities, retainage and detainage ponds and oil sepaz;:ators
within Ludlow Bay Village Common Areas;
(C) Operating, maintaining (including insuring at
the discretion of the Master Association Board) and rebuilding,
if necessary, signs, monuments, walls, fences, and other
improvements originally constructed by Declarant or the Master
Association within LudloW Bay Village Common Areas and/or
easements granted to the Master Association, if any;
(D) Paying real estate and personal property
taxes, assessments and other charges on Common Areas and
improvements thereon ( to the extent not otherwise taxed to
individual Ow~ers;
eEl Insuring all improvements which the Master
Association is obligated to maintain against damage by casualty
to the full extent deemed appropriate by the Master Association
Board;
MASTER DEC~TION - 16
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I CF) Hiring, firing, supervising and paying
employees and independent contractors to carry out the
obligations of the Master ^5sociation as set forth herein;
CG) Maintai~ing liability insurance and bonds to
protect the Master Association and the Master Association Board
from liability caused by occurrences or happenings on or about
the Co~~on Areas~
CH) Maintaining worben I s compensation insurance
for all employees of the Master Association;
(I) Purc~asing goods,
services reasonably necessary for the
obligations set forth herein;
(J) Establishing and maintaining such cash
reserves, if any, as the Master Association Board may, in its
sole discretion, deem reasonably necessary for the maintenance
and repair of the Common Areas;
supplies, labor
performance of
and
the
(K) Obtaining legal and accounting services
deemed desirable for the prope~ operation of the affairs of the
Master Association, and to meet the record keeping and financial
disclosure requirements set forth in the Master Declaration;
(L) ,Entering into such agreements and taking such
actions as are reasonably necessary and convenient for the
accomplishztent of the obligations set forth in this Master
Declaration and the Governing Documents including-, but not
limited to, the maintenance of all Common Areas and other'
amenities ~ithin Ludlow Bay Village; and
(M) Such other matters and powers as are provided
under the Governing Oocuments and Washington law for a non-profit
corporation.
section 5.2 Formation of the Town Rome, Association. The
Town Home Association shall be charged with the duties and vested
with the powers set forth in the Governing Documents. Neither
the Articles nor Bylaws of the Town Home Association shall, for
any reason, be amended or othe~Nise changed or interpreted so as
to be inconsistent with this Master Declaration. The following
shall apply to the Town Home Association:
5.2.1 In 'order to assure that management,
maintenance and repair of the town homes will be adequately
administered during the initial development period, the affairs
of the Town Home Association shall be managed and conducted ~y
Declarant for a period of five (5) years from the date tl?-.l.S
Master Declaration is recorded, or until Declarant voluntar~ly
MASTER DECLARATION - 17
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relinquishes such right, whichever shall occur first. During th"is
period of time, Declarant shall have the exclusive right to
appoint all members of the Board of Directors, which may consist
of between three (3) and nine (9) members, and who may be persons
who are either e~ployees or representatives of Declarant or who
own, or are purchasers of, dwelling units. The Master
Association Board appointed by Declarant shall have the full
authority and all rights, responsibilities, privileges and duties
to manage the Town Home Association in accordance with this
Master Declaration and other Governing Documents.
5.2.2 At the expiration of the control by
Declarant as set fcrth in subsection 5,2.1, all administrative
power and aut~ority shall vest in the Town Home Association
Board, and such officers as the Town Home Association Board may
elect or appoint in accordance with the Town Home Association's
Articles of Incorporation and Bylaws as the same may be amended
from. time-to-time. The Town Home Association Board shall be
composed of at least three (3) and no more than ,nine (9) members.
Each member of the Town Home Association Board shall be entitled
to one (1) vo~e on all matters to come before the Town Home
Association Boa=d. A majority vote shall be required for all
matters to corne before the Town Home Association Board, except as
otherwise spe~~fically provided herein or as required by
Washington la.....
5.2.3 The Town Home Association, through the Town
Home Association Board, shall be entitled to provide all goodS
and services requisite to the proper maintenance, rep.air and
upkeep of the Town homes At Ludlow Bay, including the following:
(A) Providing for all utilities or services, if
any, serving only the town hOQe Lots;
(8) Maintaining the exterior appearance of all
town homes within the Town homes At Ludlow Bay, which maintenance
shall be limited to (1) painting; (2) roof repair and
replacement; (3) gutters and downspouts; (4) siding repair and
replacement; and (5) lawn and yard maintenance:
(e) Hiring, firing, supervising and paying
employees and independent contractors to carry out the
obligations of the Town Home Association as set forth hereint
(D) Maintaining liability insurance and bonds to
protect the TO'Nn Home Association and the Town Home Association
Board from liability caused by occurrences or happenings on or
about the town homes associated with the duties and obligations
set forth herein;
MASTER DECLARATION - 18
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(E) Maintaining workmen's compensation insurance
for all employees of the Town Home Association;
(F) Purchasing goods,
services reasonably necessary for the
obligations set forth herein;
supplies, labor
performance of
and
the
(G) Establishing and maintaining such cash
reserves, if any, as the Town Home Association Board may, in its
sole discretion, deem reasonably necessary for the maintenance
and repair of the town homes and town home lots;
<H) Obtaining legal, accounting and other
professional services deemed desirable for the proper operation
of the affairs of the Town Home Association, and to meet the
record keeping and financial disclosure requirements set forth in
the Master Declaration;
(I) Entering into such agreements and taking such
actions as are reasonably necessary and convenient for the
accomplishment of the obligations set forth in this Master
Declaration and the Governing Documents including, but not
limited to, th~ maintenance of town homes; and
(.1) Such other matters and powers as are provided
under the Governing Documents and Washington law for a non-profit
corporation.
Section 5.3 Ludlow Bay Village Rules. The Master
Association Board shall be empowered to adopt, amend, or repeal
Ludlow Bay Village Rules as it deems reasonable and appropriate,
which shall be binding upon all persons and entities subject to
this Master DeClaration, whether Members of the Master
Association or not; provided, however, that Ludlow Bay Village
Rules shall not be inconsistent with the other Governing
Documents. Ludlow Bay Village Rules may also include the
establishment of a system of fines and penalties for enforcement
thereof. Ludlow Bay Village Rules may be established, modified
or amended at any special or regular meeting of the Master
Association Board.
Ludlow Bay Village Rules, as may be amended from time-to-
time, are deemed incorporated herein by this reference and shall
have the same force and effect as if they were set forth in and
were part of this Master Declaration and shall be binding on all
persons or entities having any interest in, or making any use of
properties within Ludlow Bay Village, whether or not Members of
the Master Association and whether or not copies of ,Ludlow Bay
Village Rules are actually received by such persons or entities.
The Ludlow Bay Village RUles, as adopted, amended, modified Qr
repealed shall be available for review at the principal office of
MASTER DECLARATION - 19
'fC~ 507 f'k:;c210
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the Master Association to each person or ent.ity reasonably
entitled thereto. In the event of a conflict between any
provisions of Ludlow Bay Village Rules and any provisions of this
Master Declaration, the provisions of Ludlow Bay Village Rules
shall be deemed to be superseded by the provisions of this Master
Declaration to the extent of any such conflict. Any monetary
penalties or fines imposed by Ludlow Bay Village Rules shall be
treated as an assessment which shall become a ,lien against the
Members' property within LudlOW Bay Village, in the same manner
and subject to the same enforcement provisions asset forth for
liens in Article 7,
Section 5.. Non-Liability Of OfficialS And Indemnification.
To the fullest extent pero;Litt.ed by Washington la'"" Declarant, and
every Director, Officer, Cot\mittee Member- (specifically includinq
members of the Architectural Review committee), Manager(s), or
other eMployees of the Associations and of the Declarant, shall
not be personally liable hereunder to any Member, or to any other
person or entity, including the Associations, for any damage;
loss or prejudice suffered or claimed on account of any act,
omission, error, or negliqence and shall be indemnified and
defended by the Associations; provided, however, the provisions
set forth in this Section 5.4 shall not apply to any persons who
has failed to act in good faith or has engaged in willful or
intentional misconduct.
--
Section 5.5 Managing Aqent. Each Association, through its
Board, is authorized to employ persons, including a Manaqinq
Aqent, and to contract with independent contractors to perform
all or any part of the duties and responsibilities of the
Association employing the same. Each Association, through its
Board, is also expressly authorized to enter into one or more
management agreements ~ith third parties in order to facilitate
efficient operations and to carry out its obligations. The terms
of any management agreement shall be determined by the Board of
the Association entering into the agreement, in its sole
discretion, and shall be subject to the Governing Documents.
The Associations are expressly authorized to contract with
Declarant, or an affiliate, representative or company involving
some or all of the same individuals as Declarant, in order to
provide management and/or maintenance services or to perform any
other duties of the Associations. Each Owner, Resident and
Occupant shall be bound by the terms and conditions of all
management agreements entered into by the Board of the
Association entering into. the agreeme~t. A copy of all
management agreements shall be available to each Owner upon
request at the Association ottice, or such other location as
designated by that Association's Board.
\
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section. 5.6 Records And Ac:countinq. Each Association shall
keep, or cause to be kept, true and correct books and records of
all financial affairs inVOlving the Association inCluding, but
not limited to, accounting for all assessments and expenses paid
by said Association. Financial statements for each Association
shall be prepared at least annually and available at' the
Association office, or such other location as designated by its
Board, to all members.
Section 5.7 Inspection Of Books And Records. The
l"Iembership register, books of account, minutes of meetings of the
Members and of the Board, shall be made. available for inspection
and copying by any metlber of said Association by the Board at any
reasonable time, at the Association office or at such other
location designated by the Board. Each Board may establish
reasonable rules concerning the following: (i) Notice to be
given to the custodian of the records by the member of the Board
desiring to make the inspection: and (ii) hours and days of the
week when such an inspe.ction may be made. Unless otherwise
provided by the Board, any member of the Board that would like
copies shall be responsible for payment of any costs associated
with copying, including the cost of having the. copies made by a
third party.
AR'l'ICLE 6
MEMBERSHIP AND VOTING
section 6.1 Kaster Association. Every Owner of a town hom.e
or single-fam~ly Lot, and owner(s) of the marina, restaurant and
Inn shall be Members of the Master Association. Membership shall
be appurtenant to and may not be separated from ownership of the
property to which the Membership is attributable. Each property
shall be entitled to one Membership, which Membership shall be
shared by all Owners of interest in the property. The following
shall apply with regard to the Master Association:
6.1.1 The Membership shall have no voting rights
associated with the Master Association, except with regard to any
=atter required to be approved by a vote of the Membership by
Washington law. The Board, which is composed of representatives
of each of the various mix of uses within Ludlow Bay Village,
shall vote on all matters of interest to the Association.
6.1.2 The rights and obligations of Membership in
the Master Association shall not be assigned, transferred,
pledged, conveyed or alienated in any way except upon conveyance
of the properties within Ludlow Bay Village by deed, intestate
succession, testamentary disposition, foreclosure or other legal
process pursuant to the laws of the State of Washington or the
United States.
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section 6.2 Town Home Association. Every Owner of a town
home Lot shall be a Member of the Town Home 1\ssociati6n.
Membership shall be appurtenant to and may not be separated from
ownership of the town home Lot to which the Met:1bership is
attributable. If any town home Lot has been sold on contract,
the contract purchaser shall exercise the rights of the Owners
for purposes of the Town Home Association. Each town home Lot
shall be entitled to one Membership, which Membership shall be
shared by all O'W'iiers of interest in the Lot. The follo~inq shall
apply with regard to the Town Home Association:
6.2.1 Each Membership shall be entitled to one
(1) vote on all matters to come before the Town Home rlssociation
for a vote of the Membership. Unless otherwise specified to the
contrary in this Master Declaration or other Governing Documents,
a tnajority vote is required on any issue to come before the
Membership for a vote.
6.2.2 The rights and Obligations of Membership in
the Town Home Association shall not be assigned, transferred,
pledged, conveyed or alienated in any way except upon conveyance
of the town home Lots, intestate succession, testamentary
disposition, foreclosure or other legal process pursuant to the
laws of the Sta~e of Washington or the United States.
ARTICLE 7
COVENANT FOR ASSESSMENTS AND CREATION OF LIEN
Section 7.1 Creation of Lien An4 Personal Obligation at
Assessments. The Declarant, for all properties within Ludlow Bay
Village, hereby covenants and agrees, and each Owner by
acceptance of a deed therefor (whether or not it shall be so
expressed in such deed) is deemed to covenant and agree to pay to
the Master Association: (i) Annual Assessments; and (ii) Special
Assessments for capital improvements or other extraordinary
expenses or costs. The Declarant, for all town home Lots ~ithin
Ludlow Bay Village; further covenants and agrees, and each Owner
by acceptance of a deed therefor (whether or not it shall be se
expressed in such deed) is deemed to covenant and agree to pay t9
the Town Home Association: (i) Annual Assessments; and (ii)
Special Assessments for capital improvements or other
extraordinary expenses or costs. The Annual and special
Assessments, together with interest, costs, and reasonable
attorneys' fees, shall be a charge on the property of the Owner
within Ludlow Bay Village, and shall constitute a continuinq
servitude and lien with power of sale upon the property within
Ludlow Bay Village against which each such Assessment is made.
The lien may be enforced by foreclosure of the lien on the
defaulting Owner's property by either the Master Association
and/or the Town Home Association, as applicable, in like manner
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as a mortgage on real prope~y, or in any other Qanner permitted
by Washington law. The lien for each unpaid Assessment attaches
to the property atter the due date and shall continue to be a
lien against such property until paid. The costs and expenses
for filing any notice of lien shall be added to the Assess~ent
for the property against whic~ it is filed and collected as part
and parcel thereof. Each such Annual and Special Assessment,
together with interest, costs and reasonable attorneys' fees,
shall also be the personal obligation of the Owner of the
property at the time when the ~ssessrnent fell due. The personal
obligation for delinquent Assessments shall not pass to the
successors in title of the O-Nner unless exoressly assumed by
them. . -
section 7.2 Annual Assessments. In order to provide for
the uses and. purposes specified herein, including the
establishment of replacement and maintenance reserves, the Board
of each Association in each year, shall assess an Annual
Assessment. The Master Association Annual Assessment ,shall be
levied against all properties in Ludlow Bay village, except
Exempt Properties, The Town Horne Association Annual Assess~ent
shall be levied against all town home lots in Ludlow Bay Village.
With rega=d to town home and' single-family Lots, no Annual
Assessment shall be levied or otherwise acc=ue in favor of the
Master Association or Town Home Association against said Lots
until title to the Lot is transferred from Declarant to the first
purchaser of the Lot from Declarant. With regard to commercial
properties, including the Inn, Marina and Restaurant, the Annual
Assessment shall be levied or otherwise accrue against such
properties at such time as the Master Association Board commences
assessments within the'Master Association.
section 7.3 Determination Of Annual Assessment. The Annual
Assessment against each' property shall be determined by the Board
of the Association levying the assessment. The Board of each
Association, at its sole discretion, shall determine when to
commence collecting the Annual Assessments. The p~dget for the
Master Association shall address the overall duties,
responsibilities and obligations of the Master Association with
regard to maintenance, repair, improvement and regulation of th~
Common Areas and other matters set forth in this Master
Declaration or other Governing Documents. The budget for the
Town Home Association shall address the maintenance I repair,
landscaping and replacement reserves (at the discretion of the
Board) associa ted with the town home Lots, together with any
other duties, responsibilit~es and obligations of the Town Home
Association. Annual Assessments for each Association shall be
collected in advance on a monthly, quarterly or annual basis as
specified by its Board,
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section 7.4 llate Of ~ssessment. The following shall apply
with regard to each Association:
7.4.1 With regard to the Master Association, the
residential lets (town home and single-family Lots) subject to
assessment shall be required to pay an Annual Assessment equal to
forty (40%) of the total budgeted amount for the Master
Association, ~~ich shall be assessed pro rata at a unifo~ rate
for each of the S8 residential Lots subject to assessment. The
Marina shall be required to pay an Annual Assessment equal to ten
percent (10%) of the total budgeted amount for the Master
Association. ~he Restaurant shall be required to pay an Annual
Assessment e~al to twenty percent (20%) of the total budgeted
amount for the Master Association. The Inn shall be required to
pay an'Annual Assessment equal to thirty percent (30%) of the
total budgetec amount for the Master Association.
7.4.2 With regard to the Town Home Association,
the town home Lots shall be required to pay an Annual Assessment
e.stablished by the Board. of the Town Home Association. The
Annual Assess~ent shall be set at a uniform rate for each town
home Lot.
sect.ion7.'5 Superiority Of Assessinent. Lien, To the extent
permitted by law, the Associations' lien on properties within
Lud~ow Bay Village for Assessments shall be superior to any
homestead exe::ption now or hereafter provided by the laws of
washington, o~ any exe~ption now or hereafter provided by the
laws of the United States. Since the Owner will receive a copy
of this Master Declaration prior to Closing and/or the Master
Declaration is recorded of public record, the acceptance of a
deed to property subject to this Master Declaration shall
constitute a voluntary and informed waiver of the homestead right
by the Owner and an acknowledgement that the lien should be paid
prior to any homestead claim.
section 7.' Maximum Annual Assessment. As set forth above,
the Board of each Association shall decide when to commence
Annual Assess~ents. The following shall apply with regard to
determination of the Annual Assessments,
"
7.6.1 Prior to the first conveyance of a
residential lot (town home Lot or single-family Lot), the Board
of each Asscciation, shall establish the initial Annual
Assessment for the remaining portion of the existing fiscal year.
7. <<).2 Each fiscal year thereafter through the
fifth fiscal year, the Annual Assessment may be increased by the
Board of each Association a maximum of twenty percent (20%) over
the previous year's Annual Assessment. Any such increase shall
be effective at the beginning of each fiscal year, Beginning
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with the sixth (6th) fiscal year, and each subsequent fiscal year
thereafter, the Annual Assess~ent may be increased by the Board
of each ^ssociation by a maximum amount equal to the greater of
either ( 1) five percent ( S%) over the previous year I s ~nnual
Assess~ent, or (2) the percentage increase in the Consu~er Price
Index, Sea~tle/Everett Metropolitan Area (or such other closest
geographic area available), as PUblished by the Oepart~ent of
Labor, Washington, D.C., or successor governmental agency,
between the first day of the previous full fiscal year and the
first day of the then current full fiscal year. Any such
increase shall be effective at the beginning of the fiscal year;
7.6.3 No additional increase shall be permitted
during the time that the Declarant has control of the Board of
any Association where this subparagraph 7.6.3 is attenpted to be
invoked. However, at such tiIile as Declarant is no longer in
control of an Association, and notwithstandinq anything to the
contrary herein, the Annual Assessment may be increased by the
Board of either Association above the percentages set forth in
subsection 7.6.2 above, but only upon meeting the following
conditions: (1) With regard to the Master Association, there
must be a 70% approval on the part of the Board; ar.d (2) With
regard to the Town Home Association, there must be written assent
of Owners representing forty pe=cent (40%) of the town home Lots,
The Board may schedule a special meeting for such purpose at its
discretion or, alternatively, may explain the need for the
increased assessment in writing and circulate the same to the
Membership.
Section 7.1 special Assessments For Capital Improvements
And Extraordinary Expenses. The Board may, during any fiscal
year, levy a Special Assessment for the purpose of defraying, in
w'hole or in part, the cost of any acquisition, construction,
reconstruction, repair or re~lacement of a capital improvement
that it is Obligated to manage, or for the purpose of defraying
other extraordinary expense, but only upon meeting the following
conditions: (1) With regard to the Master Association, there
must be a 10% approval on the part of the Board; and (2) W~th
regard to the Town Home Association, there must he written assent
of Owners representing forty percent (40%) of the town home Lots,
Section 7.8 Billing And Collection Procedures. The Board
of each Association shall have the right to adopt procedures
consistent herewith for the purpose of levying and collecting
~~nual and Speci~l Assess~ents, . The failure of either
Association to send a bill. to a Member shall not relieve any
Member of his liability for any Assessment under this Master
DeClaration, but the Assessment Lien therefor shall not be
foreclosed or otherwise enforced until the Member has been given
not less than thirty (30) days' written notice, at the address of
the Member on the Associations I records. Such notice may be
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given at any time after delinquency of' such payment. The
Associations shall be under no duty to refund any payments
received by it even though a property is sold; successor Owners
shall be given credit for prepayments, on a prorated basis, made
by prior Owners.
Section 7.9 Collection Costs And Interest On Delinquent
Assessments. Any delinquent installment of Annual or Special
Assess~ent shall bear interest from thirty (30) days after the
due date until paid at a uniform rate established by the Board of
each Association, which rate shall not exceed the maximum
interest rate legally allowed by washington State, The Member
shall be liable for all collection costs, including attorneys'
fees, incurred by the Associations. The Board may also record a
Notice of Delinquent Assessment against ~he applicable property
as to which an Annual or Special Assessment is delinquent and
constitutes a lien, and may further establish a fixed fee to
reimburse the Associations for costs associated with recording
such Notice of Lien, processing the delinquency and recording a
Notice of Payment, which fixed fee shall be treated as a
collection cost of the Associations secured by the Assessment
Lien.
. section 7.10 Evidence Of payment Of Annual And Special
Assessments. Upon receipt of a written request by a Member,
each applicable Association within thirty (30) days shall issn':.
a written certificate stating (a) that all Annual and Speci~~
,Assessments (includIng interest, costs and attorneys I fees) hav~
been paid with respect to any specified property as of the datG
of such certificate, or (b) if any Annual and/or Special
Assessments have not been paid, the amount of such Annual and/or
Special Assessments (including interest, costs and attorneys I
fees, if any) due and payable as of such date. The Associations
may make a reasonable charge for the issuance of such
certificates. Any such certificate, when duly issued as here.i...
provided, shall be conclusive and binding with.r~spect to any
matter therein stated as against any bona fide purchaser of, or
lender on, the property in question.
section 7.11 Property Exempted From The Annual And Speci!301
Assessments. Exempt Property shall not be assessed Annual
and/or Special Assessments; provided, however, that in the event
any change of ownerShip of Exempt Property results in all or a~~
part thereof being removed from Exempt Property status, then the
same shall thereupon be subject to the assessment of the Annual
and Special Assessments (prorated as of the date it was removed
trom Exempt Property status) and the Assessment Lien.
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i section 7.12 Declara.nt Subsidy. Declarant agrees to
provide the follo~inq subsidies with regard to the Associations:
7.12.1 With regard to the To~n Home Association,
until forty (40) tow'll home Lots have been sold by Declarant,
Declarant agrees to subsidize the financial operations of the
Town Home Assoc:ation in the event that all Annual Assess=ents
and every othe~ revenue source received by the Town Home
Association fails to equal or exceed the actual expenses incur:::ed
during- the fiscal year. The terms of the subsidy shall be
established by ~ritten agreement between the Declarant and the
Town Home Assoc~ation. Declarant shali have no obligation for
any such short fall resulting from the levying of an Annual
Assess~ent in a~ amount less than the maximum authorized, unless
the same has been previously approved in writing by Declarant.
The subsidy co~templated herein shall automatically terminate
upon the Closing of a sale on the 40th town home Lot, unle.ss
terminated prier thereto due to the self-sufficient financial
condition of the Town Home Association.
\.
7. J.2. 2 With regard to the Master Association,
Declarant agrees to subsidize the financial operations of the
Master Associat:on for a period of four (4) yea=s, to the ex~ent
set forth herei~, in the event that all Annual Assessments and
every other revenue source received by the Master Association
fails to equal cr exceed the actual expenses incurred during the
fiscal year; provided, however, that ~he. maxi~um a~ount of any
such subsidy in any given fiscal year shall not exceed an a~ount
equal to the S~ of the number of unsold residential Lots ow~ed
by Declarant (including town home and single-family Lots)
multiplied by the amount of the pro rata share of the ~~nual
Assessment levied against other residential L~ts by the Master
Association. T~e terms of the subsidy shall be established by
written agree~ent between the Declarant and the Master
'Association. Ceclarant shall have no obligation for any such
short fall resulting from the levying of an Annual Assessment in
an amount less than the maximum authorized, unless the same has
been previously approved in writing by Declarant.
ARTICLE 8
ENFORCEMENT OF PAYHEN'r OF .ANN1JAL AND
SPECIAL ASSESSMEN'rS AND OF ASSESSMENT LIENS
Section 8.1 .Kaster ~ssoeiation As Enforcing Body, The
Master Association shall have the exclusive right to enforce the
provisions of this Master Declaration.
Section 8,2 Associations I Remedies '1'0 Entorce payment ot
Annual And special Assessments. The Associations may enforce
payment of any cielinquent Annual or special Assessments I together
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with all collection costs afid attorneys' fees, by taking either
or both of the following actions, concurrently or separately:
8.2.1. Bring an action at law and recover judgment
against the Member personally obligated to pay the Annual or
Special Assess~ents; and/or
a.2 . 2 Foreclose the Assessment Lien against the
property subject to the Assessment Lien in accordance with the
then prevailing Washington law relating to the foreclosure of
real estate mortgages (including the right to recover any
deficiency) .
section 8.3 Subordination Of Assessment Lien TO i'irst
Kortqaqe; priority Lien. The Assessment Lien provided for herein
shall be subordinate to any first mortgage lien and any liens for
taxes and other PUblic charges which by applicable law are
expressly made superior. Except as above provided, the
Assessment Lien shall be superior to any and all charges, liens
or encumbrances which hereafter in any manner may arise or be
imposed upon the property, Sale or transfer of any property
shall not affect the Assessment Lien, unless otherwise
specifically provided by law.
Section 8.4 Suspension Of Membership. In addition to the
remedies set forth herein, and not to the exclusion or prejUdice
thereof, the Board of each Association may also suspend a Member
from its Association and the privileges of Membership (including
use of the Common Areas with regard to Master Association), for
non-payment of Annual and/or Special Assessments.
ARTICLE 9
USE OF FUNDS; BORROWING POWER
Section 9.1. Purposes For Which Tbe Associations' Funds Hay
Be Used. The Associations shall apply all funds collected and
received by them for the common good and benefit of the Members
by devoting said funds, among other things, to fulfilling the
maintenance and other obligations of the Associations as set
forth in Article 10 hereof,
section 9.2 Borrowing power. The Associations may borrow
money in such amounts, at such rates, upon such terms and
security, and for such period of time as their Boards determine
is necessary or appropriate.
Section. 9.3 Associations I Rights In Spending Funds Froln
Year-to-Year. The Associations shall not be obligated to spend
in any year all the sums received by them in such year (whether
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by way ot Annual or Special Assessments or otherwise), and may
carry forward as surplus any balances remaining and shall not be
obligated to reduce the amount of the Annual Assessment in the
succeeding year if a surplus exists from a prior year. Moreover,
the Associations are specifically authorized, at the discretion
of their Boards, to provide for reserves to meet anticipated
future improve~ent or replacement needs.
ARTICLE 10
HAI~ENANCE AND OTHER RESPONSIBILITIES OF
TSE OWNERS AND ASSOC~ATIONS
Section 10.1 Maintenance Responsibilities of the Master
Association. T~e Master Association shall maintain, or provide
for the maintenance of, the Common Areas within Ludlow Bay
Village, specifically including, but not limited to:
10.1.1 Maintenance of grounds and landscaping;
maintenance and repair of all private roadways; and maintenance,
repair and replace~ent, if necessary, of any si9n5, monuments,
walls, fences or other improvements located within the Co~~on
A=eas or private roadways;
10.1.2 Maintenance of all storm water and
drainage control systems located within the Common Areas,
inClUding, but not limited to, catch basins, piping, conveyance
facilities, retainage and detainage ponds, bioswales and oil
separators;
10.1.3 Management of all employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Master Association
obligations, including maintaining workmen I 5 compensation
insurance, if applicable; and
10.1.~ provision of all utilitie,~ real estate
taxes, insurance (including insurance specified in Article 13
hereof), adlninistrative expenses of operation, management and
relate.d expenses and se,rvices as more fully del ineated ,in
sUbsection 5.1.3 of this Master Declaration,
section'10.2 Maintenance Responsibilities of the Town Home
Association. The Town Home Association shall maintain, or
provide for the maintenance of the town home Lots and
improvements thereon to the.extent provided herein, specifically
including:
10.2.1 Maintenance of the exterior appearance of
all buildings, improvements and landscaping located on town home
Lots, which ~aintenance shall be limited to (1) painting; (2)
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root repair and replacement; (3) gutters and downspouts: (4)
siding repair and replacement: and (5) lawn and yard maintenance.
Each town home Lot Owner shall be responsible for all other
repair and maintenance including, but'not limited to, plumbing,
exterior and interior glass, appliances, heating and cooling
systems, and private driveways;
10.2.2 Mana<;ement of 'all employment 11latters,
including hiring, tiring, supervising and paying employees and
independent contractors to carry out the Town Home Association
obligations, including maintaining work:m.en I s cornpensation
insurance, if applicable: and
10.2.3 provision of all utilities, real estate
taxes, insurance, administrative expenses of operation,
management and related expenses and services as more fully
delineated in subsection 5.2.3 of this Master Declaration.
Section 10.3 Maintenance Responsibilities of Single-Family
Lot Aud Commercial 'Property Owners. Neither of the Associations
shall be responsible for any maintenance, repair or landscaping
associated with single-family Lots or commercial properties, nor
any improve~ents thereon. Each Owner of a single-family Lot or
commercial property shall be responsible for all maintenance and
repair.
section 10.4 Master Association Authority ~o Direct
Haintenance and Repair. The Master Association, through th.~
Architectural Review Co1tUl1ittee, shall have the authority to
direct the maintenance and repair of all buildings, improvements
and landscaping located on all town home and single-family Lots
and commercial property within Ludlow Bay Village, In the event
the Architectural Review Conraittee determines that any buildings,
improvements or landscaping located on any town home or single-
family Lots or commercial properties require any repairs or
maintenance including, but not limited to, grounds or landscape
maintenance, painting, roof or gutter repai~; or siding
replacement or repair, then the Architectural Review Committee
shall do the following:
10.4.1 With regard to town home Lots, the
Architectural Review committee shall contact the Board of the
Town Home Association in writing and specify what repairs or
maintenance are required. The Town Home Association shall
complete the repair and/or maintenance within 90 days of the date
notified by the Architectural Review committee, unless an
alternative schedule is agreed to in writing between ,the TOwn
Home Association and the Architectural Review Committee;
prOvided, however, that if the repair and/or maintenance is not
within the scope of work required of the Town Home Association~
then the Architectural Review Committee shall contact the own~~
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directly as provided in subsection 10.4.2 below for Owners of
single-family Lots or co~ercial properties.
10...2 With reqard to singh~-family Lots and
commercial properties, the Architectural Review Committee shall
contact the Owner of the property in writing and specify what
repairs or maintenance are required, The Owner shall complete
the repair and/or =aintenance within 90 days of the date notified
by the Architectural Ravie'", COi:tl1tl.ittee, unless an alternative
schedule is agreed to in writing between the Owner and the
Architectural Review Co~~ittee.
10.4.3 The aggrieved Owner, or the Board of the
Town Home Associa~ion, as applicable, shall have the right to
appeal any such decision to the Master Association Board within
seven (7) days of' notification from the Architectural Review
Committee in accordance with the procedures set forth in section
11.3 of this Master Declaration. The time period for perfo~ance
shall be tolled during the pendency of the appeal (from the date
the appeal notice is delivered to the Master Association Board
until the date of the final decision of the Master Association
Board) .
10.4.4 In the event that the Owner, or the Board
of the Town HOi:l.e Association, as applicable, fails to perform the
maintenance 0= repair specified' by the Architectural Review
Committee, or Board of the Master Association if there is an
appeal, then the Master Association shail have the riqht, but not
the obligation, to perform the maintenance or repair and charge
the property Owner, or the Town Home Association, as applicable,
for the entire costs associated therewith, together with an
administrative fee equal to an additional 15% of the total costs,
and interest thereon at the rate 9f 12% per annum from 30 days
after an invoice for payment is delivered to the party
responsible for payment thereof. An Assessment Lien shall secure
repayment on the part of any Owner and be enforceable in the same
manner as other liens provided for herein. The Master
Association shall have the specific authority to pursue any legal
remedy available under Washington law to enforce this covenant in
accordance with its terms. In the event of litigation, th~
prevailing party shall be entitled to recover their reasonable
attorneys' fees and costs.
section ~o.s ~ssessment Of Certain Costs Of Maintenance
And Repair. In the event that the need for maintenance or repair
is caused through the willful or negligent act or omission of any
Owner, Resident or Occupant, or their tenants" guests or
invitees, the cost of such maintenance or repair may, at the
discretion of the Board of the. Association otherwise charged with
remedying the Sa.:i:le, be charqed directly to the owner of the
property and shall be payable in accordance with the time period
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established by the Board. ~n Assessment Lien shall secure
repayment and be enforceable in the same manner as other
Assessments provided for herein.
ARTICLE 11
ARCBITECTORAL CONTROL
Section ll.1 Lots Subject To Ludlow Maintenance commission
Architeetural Review. At all times after conveyance from Pope
Resources, the Owners of each Town Hot'i1e Lot and Single-Family Lot
within Ludlow Say Village shall be subject to Ludlow Maintenance
Commission ("L"!Clt ) architectural control, as set forth in Article
17, in addition to architectural control by the ArChitectural
Review Committee of the Master Association as set forth below,
Prior to seeking approval of the Master Association Committee,
Owners must obtain approval of their plans and specifications
from the LMC Architectural Control Committee. The fOllowinq
applies to LMC architectural control:
No building or structure (including fences or any
ll1anmade obst=t:.ction) shall be built or placed or thereafter
altered on any Lot, nor shall a Lot be cleared or excavated for
use, nor shall ~ny tree of siX-inch (6<<) or more breast dia~eter
be cut, until after the details and written plans and
specifications thereof disclosing clearing, size, materials,
location, finish, and elevations (and as to tree cutting, with
specific identification of individual trees to be cut) have been
sublliitted to and .approved by the !.Me Architectural Control
committee. The LMC Ar.chitectural Control Committee shall consist
of five individuals who shall be appointed by and subject to
re~oval or replacement by the Board of Trustees of the LMC. The
Address of the Architectural Control committee shall be: Ludlow
Maintenance cowmission, Inc., Post Office Box 6506, Port Ludlo~,
Washington, sa365, Attention: Architectural Control Committee.
The address ~ay be changed from time to time by the Board of
Trustees of the LMC. Within thirty (30) days o~.submission of
plans and specifications to such committee, such committee by a
majority vote and in writing may approve or. disapprove or may
conditionally approve plans and specifications so submitted.I~
such plans and specifications be so disapproved (or if
conditionally approved, then unless the conditions thereof be
complied with) the projected construction shall not be
undertaken, or if undertaken in violation hereof, may be abated
by legal proceedings instituted by the LMC or any aggrieved
party, irrespective of the time of completion thereof. The
committee shall in good faith exercise discretionary approval and
disapproval of plans and specifications on a basis of minimizing
interference with enjoyment of nearby Lots and of enforcing an
improvement use and occupancy of the land in a pleasing but not
MASTER DECLARATION - J2
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necessarily uniform combination of permanent residences and
recreational homes.
Section 11.2 Establishment Of Master Association
Architectural Review Committee. Within the Master Association,
the Declarant shall establish an Architectural Revie~ Committee
(referred to herein as "Committeell) to perform the functions set
forth in this Master Declaration and may adopt procedural rules
and regulations for the performance of such duties, including
procedures for the preparation, submission and determination of
the application for any approvals required by this Master
Declaration. The committee shall consist of three (3) members.
Declarant shall have the right to appoint the members of the
Committee for five (5) years from the date this Master
Oeclaration is recorded; providing, howev~r, that Declarant, by
written notification to the Master Association Board, may elect
to terminate this right of appointment of the Committee at any
time. Upon termination of Declarant's right of appointment, the
Master Association Board shall have the power to appoint all
members of the Committee. For as long as Declarant has the right
to appoint the members of the Co~~ittee, Co~~ittee members need
not be Members of the Master Association and may specifically be
employees or agents of Declarant. Upon te~ination of
Declarant's right of appointment, the Master Association Board
shall select rne~ers of the Co~~ittee from Members of the Master
Association. Decisions of the Committee shall be by a majority
vote of its members. Subject to the appe,al provisions of Section
11.4,1 the decision of the Committee shall be final on all matters
considered by it pursuant to this Master Declaration,
Section 11.3
Review By committee.
11.3.1 construction And Alteration Of Buildings And
:Improvements. After conveyance from Pope Resources, prior
approval by t~e Committee shall be required for all new
construction of dwellings, buildings, structures, or permitted
improvements within Ludlow Bay Village. :In.. addition, no
alteration or modification to an existing dwelling, building,
structure, or other improvement within Ludlow Bay Village
previously constructed by Declarant or approved by the committe~
shall be made unless complete plans and specifications therefor
have been first submitted to and approved in writing by the
Committee. The C."mers of any Town Home Lot or' Single-family
residential Lot subject to LMC architectural control shall first
obtain approval from the L~C prior to submission to the
Committee. The committee snall exercise its best judgment to the
end. that all such changes, improvements and alterations requested
for properties within Ludlow Bay Village conform to and harmonize
with the existing character of Ludlow Bay Village and fully
comply with Ludlow Bay Village Design Standard.s.
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11.3.2 Kaintenance An4 Repair. The Committee shall
have the power and authority to provide for proper maintenance
and repair of all properties within Ludlow Bay Village as
specified in Article 10 of this Master Declaration.
Section 1.1." Appeal. Any Owner aggrieved by a decision of
the Committee may appeal the decision to the Master Association
Board in accordance with established procedures of the Master
Association Board, which shall be available to all Members at the
Master Association Office or such other location designated by
the Master Association Board. The determination"of the Master
Association Board is final and binding.on all parties.
Section 11.5 Fee. The Master Association Board may
establish a reasonable processing fee to defer the costs to the
Master Association in considering any requests for approvals
submitted to the Committee, which fee shall be paid at the. time
the request for approval is submitted. The Master Association
Board may also establish a reasonable processing fee to defer the
costs to the Master Association in considering any appeal
submitted to the Master Association Board, which fee shall be
paid at the time the appeal is delivered to the Master
Association Board.
section 11.6 LUdlov Bay Village Design Standa.rds. LudloW'
Bay Village Design Standards shall be initially prepared by the
Declarant or Master Association Board, at the discretion of
Declarant, and may include written guidelines setting forth the
minimum. standards for the' design, height, square footage,
location, style, structure, color, mode of architecture, mode of
landscaping, maintenance and other relevant criteria associated
with all properties within LUdlow Bay Village. The purpose of
Ludlow Bay Village Design Standards is to preserve and promote
the character of Ludlow Bay Village. By acceptance of a deed for
any property within Ludlow Bay Village, each Owner thereof and
his successors and assigns agree to be bound by all provisions of
Ludlow Bay Village Oesisn standards, as may be amended from time-
to-time by the Master Association Board, and to use diligence in
keeping abreast of the provisions thereof ~nd any amendments
thereto.
section 11.7 ViOl a. tion Of Approved Plans 0 f The Commi ttee.
If the Committee determines that work on any property within
Ludlow Bay Village has not been completed in compliance with the
final plans approved by the Committee, then the Committee or the
Master Association Board m~y notify the Owner in writing of such
noncompliance, specifying in reasonable detail the particulars of
noncompliance, and may require the Owner to remedy the same. If
the Owner fails to remedy such noncompliance within a reasonable
time period designated by the Committee, then the Declarant or.
the Master Association Board shall have the right to enter upon
MASTER DECLARATION - 34
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the property of any Owner and obtain compliance or remedy
noncompliance as ordered by the committee and the cost of such
performance or remedy shall be charged to the Owner of t..~e
property in question, which cost shall be due within ten (10)
business days after receipt of written demand therefor. In
addition, in the event of noncompliance, the Declarant or the
Master Association Board shall have the right to initiate
litigation. for injunctive relief and/or damages and the
prevailing party in any such litigation shall have the right to
recover reasonable attorneys' fees and costs (including both
court costs and reasonable additional expenses tor experts,
consultants and others involved in the litigation) as dete~ined
by the Court.
Section 11.8 Nou-Liability For -Approval Of Plans Or
Directions Regarding Maintenance And Repair. Comnlittee approval
of plans' shall not constitute a representation, warranty or
guarantee that such plans and specifications comply with good
engineering or design or with zoning or building ordinances, or
other governmental regulations or restrictions. By approving
such plans and specifications, neither the Committee, the tue!:l.bers
thereof, the Master Association, the Master Association Board,
nor Declarant assumes any liability or responsibility the:efor,
or for any defect in the structure constructed from such plans or
specifications. None of the above stated entities or individuals
shall be liable to any Member, Owner, Resident, Occupant or other
person or entity for any damage, loss, or prejudice suffered or
claimed on account of (a) the approval or disapproval of any
plans, drawings and specifications, whether or not defective, or
(b) the const~ction or performance of any work, whether or not
pursuant to the approved plans, drawings, and specifications; or
(e) any order given with regard to required maintenance or
repair.
ARTICLE 12
RIGHTS AND POWERS OF THE ASSOCIATIONS.
Section 12.1 Rights And Powers. The Associations shall
have the rights and powers set forth in this Master Declaration
and all other Governing Documents, together with all rights and
powers of a non-profit corporation incorporated in the State of
Washington. Upon incorporation of the Associations, a copy of
the Articles and Bylaws shall be available for inspection and
copying at the Associations' office (s) during reasonable business
hours.
Section 12.:2 Contra.cts With Others For Performance ot The
Associations' Duties. Subject to the restrictions and
limitations contained herein, the Associations lUay enter. into
contracts and transactions with others, including Declarant and
MASTER DECLARATION - 35
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its affiliated companies, and such contracts or transactions
shall not be invalidated or in any way affected by the fact that
one or more Directors or Officers of the Associations, or members
of any Committee, is employed by or otherwise connected with
Declarant or its affiliates, provided that the fact of such
interest shall be disclosed or known to the other members of the
Board acting upon such contract or transaction, and provided
further that the transaction or contract is fair and reasonable.
ARTICLE 1.3
INSURANCE
See tion 1.3. 1 Insurance on Common Areas. The Master
Association shall maintain insurance covering all insurable
improvements located or constructed upon the Cornmon Areas. The
M.aster Association shall maintain the fOllowing insurance, to the
extent that such insurance is reasonably available, considering
the costs and risk coverage provided by such insurance:
13.1.1 A policy of property insurance covering all
insurable imcrovements located or constructed on the Conunon Areas
with a ItRepiacement Cost Endorsement. II Such insurance shall
afford protection against loss or damage by fire and other perilS
normally covered by the standard extended coverage endorsement
and such other risks customarily covered with respect to projects
similar in construction, location and use, including all perils
normally covered by the standard al~ risk endorsement, where such
is available.
1.3 ~ 1. 2 A comprehensive policy of public liability
insurance covering all Common Areas in an amount not less than
One Million Dollars ($1,000,000,00) covering bodily injury,
including death to persons, personal injury, and property damage
liability arising out of a single occurrence, and such other
risks as shall customarily be covered with respect to projects
similar in construction, location and use.
13.1.3 In the event of damage t%r destruction of,
all or any portion of the Common Areas due to fire or othe;r
adversity or disaster, the insurance proceeds, if sufficient to
reconstruct or repair the damage, shall be paid by the Master
Association for such reconstruction and repair, If the insurance
proceeds with respect to such damage or destruction are
insufficient to repair and reconstruct the damage or destruction I
then the Master Association shall present to the Members a notice
of Special Assessment for approval by the M.embership in
accordance with Article 7 hereof. If such Special Assessment is
not approved, the insurance proceeds may, after first beinq used
to clean and landscape damaged areas, be applied in accordance
with the direction of the Master Association Board,
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Section 13.2 Insurance on other Properties. Owners of all
properties within Ludlow Say village shall maintain insurance
covering all insurable improvements located or constructed upon
their properties. Eac~ O~.er shall maintain the following types
of insurance with an insurance company with an A.M. Best rating
of at least A-VI:
13.2.1 A policy of property insurance covering all
insurable improvements located on the Ownerts properties with a
"Replacement Cost Enc.orse:nent. II Such insurance shall afford
protection against loss or damage by fire and other perils
normally covered by t~e standard extended coverage endorsement
and such other risks customarily covered with respect to proj acts
similar in construction, location, and use, including all perils
normally covered by the standard all risk endorsement, where such
is available. In the event of damage to, or destruction of, all
or any portion of an Owner I s properties due to fire or other
adversity or disaster, the insurance proceeds shall be paid by
the Owner for such reconstruction and repair, unless otherwise
specifically provided by the Master Association Board in writing.
The Master Association shall be listed on all property insurance
policies as an. ltadditional insuredlt to ensure its ability to
require the insurance proceeds to be utilized for reconstruction
of the damaged improvements,
13.2.2 Insurance coverage on furnishings, other
personal property, and glass, together with all other forms of
insurance not specifically provided for in this Master
DeClaration, 'shall be the responsibility of the owner of
properties within Ludlow Bay Village.
13.Z.J A comprehensive policy of public liability
insurance covering t~e Owner's properties in an amount not less
than One Million Dollars ($1,000,000.00) covering bodily injury,
including death to persons, personal injury, and property damage
liability arising out of a single occurrence, and such other
risks as shall customarily be covered with respect to projects
similar in construction, location and use.
13.2." An insurance policy provided for herein may not
be canceled or substantially diminished or reduced in coverage
without at least thirty (30) days' prior written notice to the
Master Association. Each Owner shall be required to deliver to
the Master Association a Certificate of Insurance which confirms
that the insurance coverage' outlined in this Article 13 have been
placed with an insurance company with an A.M. Best rating of at
least A-VI, and confirming that the Master Association has b~en
named as an additional insured as required herein, together w~th
a copy of the actual insurance policy.
l.
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ARTICLE 14
EASEMENTS
section 14.1 Maintenance Easement. An easement is
reserved and granted to the Associations, their Officers,
Directors, agents, employees and representatives upon, across,
over, in and under all properties within Ludlow Bay Village, as
reasonably necessary, to enable the Associations to perfo~ the
duties and functions which they are obli~ated or permitted to
perform pursuant to this Master Declaration.
section .14.2
Future Utility Easements.
1<1 .2.1 For a period 0 f twenty-t i ve (25) years from the
date this Master Declaration is recorded, and notwithstanding
anything to the contrary herein, Oeclarant reserves the right to
grant additional easements, licenses and permits upon, across,
over and under any property within LUdlow Bay Village (other than
directly under any constructed building unless the Owner consents
thereto) , tor purposes including, but not limited to,
installation, maintenance, repair, replacement and improvet:'lent of
any utilities" such as electric, water, sewer,gas, telephone,
fiber optic cable, television cable and drainage. Declarant nay
terminate the right to grant such easements by delivering notice
to the Master Association in writing at any time,
14.2.2 At the end of the time period set forth in
subsection 14.2.1 tor Declarant's right to grant easements, the
Master Associ.ation shall have the right to grant easements,
licenses and permits upon, across, over and under any portion of
the Colt'J':\on Areas for installation, maintenance and repair of
utilities and drainage; provided said easements, licenses and
permits shall be (1) consistent with the intended use of
properties within Ludlow Bay Village; (2) reasonably necessary or
desirable for the proper use, maintenance and opera.tion of Ludlo',./'
Bay Village properties; and (3) substantially without adverse
effect on the enjoyment of any affected properties within Ludlow
Bay Village.
Section 14.3 Access And Use Easements within The Town Home
Lots. Each town home is located on a cluster of several Lots.
An easement is hereby reserved, conveyed and created upon, across
and over each town home Lot within a cluster of Lots on which a
town home is located, in favor of, and for the benefit of, each
town home Lot within the' cluster and the Owners, Residents,
Occupants, tenants, guests and invitees thereof, for purposes of
ingress, egress, utilities and use of driveways, walkways and
common courtyards, if applicable, adjacent to each town home.
MASTER DECLARATION - 38
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Seetion 14.4 Rigbts Of Declarant Incident To Construction.
An easement is reserved by and granted to Declarant, its
successors and assigns, for use, access, ingress, and egress
over, in, upon, under, and across the Common Areas including, but
not limited to, the right to store materials thereon and to make
such other use thereof as maY be reasonably necessary or
incidental to Declarant's construction within Ludlow Bay village.
, Seetion 1,(.5 Easements Deemed Created. All conveyances of
properties within Ludlow Bay Village hereafter made, whether by
the Oeclarant or other-"ise, shall be construed to grant and
reserve the ease::lents contained in M.aster Declaration, even
though no specific reference to such easements appears in the
instrument of such conveyance.
ARTICLE 15
CONDEMNATION
Section 15.1 Actions And Awards. In the event proceedings
are initiated by any governmental entity seeking to take eminent
domain of the Co~on Areas, or any part thereof, or any interest
therein, .....ith a value as reasonably determined by the Master
Association aoa~d in excess of $10,000, then the Master
Association shall give prompt notice thereof to al,l Members. ,The
Master Association shall have full power and authority to defend
said proceedings, and to represent the Owners in any
negotiations, settlements and agreements with a condemning.
authority for acquisition of the C01U.l'non Areas, or any part
thereof, but .the Master Association shall not enter into any such
proceedings, settlements or agreements pursuant to which all or
any portion or interest in the Common Areas, or improvements
located thereon, are relinquished, without giving all Members at
least fifteen (15) days prior written notice thereof. In the
event following such proceedings I there is such a taking in
condemnation or by eminent domain of a part or all of said
properties, the award made for such taking shall 'be applied by
the Master Association to such repair and restoration of the
remaining Common Areas, or improvements thereon, as the Board, in
its discretion, shall determine.
ARTICLE 16
PUBLIC ACCESS
Section 16.1 Public. Use And Access. Declarant hereby
declares that Tracts A, c, 0 and a public access easement across
portions of M1, within Ludlow Bay Village (hereafter referred to
as "Public Access Tracts"), shall be available for public use and
access in accordance with the terms and conditions set forth
herein, tor the life of the project. Thereafter, such public use
'MASTER DECLARATION - 39
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and access shall be at the discretion of the Master Association
Board.
section 16.2 Grant of PUblic Use And. Access Easement.
Declarant hereby grants to the general public a non-exclusive
access easement for the life of the project over the Public
Access Tracts; subject to the te~s and conditions set forth in
Section 16.3 of this Master Declaration,
section 16.3 Public Access Use Restrictions. The Public
Access Tracts shall be available to the general public for
passive recreational use, such as walking, bird watch.ing, and the
like, during daylight hours. The Master Association shall have
the right to implement normal behavior standards and reasonable
use restrictions with regard to the ,PUblic Access Tracts,
including, but not limited to, the right to restrict or prohibit
pets, vehicles, alcohol consumption and/or loud music within the
Public Access Tracts. General public parking for the Public
Access Tracts shall be provided and designated with appropriate
siqnaqe.
A..~'l'ICLE 11
, L'ODLorr MAINTENANCE COM.'I.{ISSION
Section 11.1 Town Heme and Single-Family Lots Subject To
HemJ:lership In Ludlow Maintena.nce Commission. Upon conveyance from
Pope Resources, the Owner(s) of each Town Home Lot and Single-
Family Lot within LUdlow Bay Vill~qe shall be a member of the
Ludlow Maintenance Commission (hereafter referred to as "the
L'fCtI), a non-profit corporation formed under the laws of the.
State of Washington, and shall be subject to the Articles and
Bylaws, Rules and RegUlations thereof. As members, the Owners of
each Town Home Lot and Single-Family Lot will benefit from the
common amenities, and be subject to the L'fC assessments.
section 11.2 Assessm.ents and Liens. The !.Me is emoowered
to establish assessments upon Lots for common purposes.as set
forth in the Articles and By-Laws thereof. Such assessments
shall constitute a lien upon each such Lot as of the due dat~
thereof, and such lien may be foreclosed by the !.MC in the sa~e
form and manner of procedure as the foreclosure of real property
mortgage lien under the laws of the state of Washington, Expenses
of title examination and assurance, costs of attorneys, court
costs and interest at 10% per annum shall be included with the
amount of any delinquent assessment in the judgment of
foreclosure of such lien. The authority to establish assessments
and lien therefor against such Lots within Ludlow Bay Village
subject hereto shall, as to each Lot, first arise when the same
is first sold by deed or real estate contract from pope
Resources, its successors and assigns, to a grantee or contract
MASTER DECLARATION - 40
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purchaser. Assess>nents shall be assessed and collected. on a faIr
and uniform basis as among lots subject thereto. Subject only to
such reasonable differential as tuay be established by t~e By-Lavs
of the LMC between improved lots and unimproved lots.
Section 17.3 Architectural Review. Uoon convevance from
Pope Resources, the Owners of each Town Ho~e Lot and Single-
Fa:aily Lot vithin LudloW' Say Village shall be subject to Ute
architectural cont=ol as provided in ArtiCle 11 herein,
~~'I'IeLE 1.8
TER.."l i k.~ND!!::N'l'S; 'l'ER..'UNATION
Section 18.1 Term; Method 0-: Termination. This Master
Declaration shall be effective upon the date of recordation
hereof and, as amended froD time-to-time, shall continue in full
force and effect for a term of twenty-five (25) years from the
date of recording this Master Declaration. Fron and after said
date, this Master Declaration, as amended, shall be automatically
extended for successive periods of ten (10) years each, unless
there is an affiro>!ative vote to terminate this Master Declaration
by a vote of the (1) Master Association Board ~embers casting
eighty percent:. '(80%) of the vctes of the Master A.ssociation Board
at a meeting held for such purpose: and (2) affirmative vote of
Owners representing eighty percent (80%), or more, of the town
home and single-family Lots. If the necessary votes are
obtained, the Master Association Board shall record a Certificate
of Termination in Jefferson County, Thereupon this Master
Declaration spall have no further force and effect.
section 18.2 AmendQents. This Master Declaration may be
amended by obtaining (1) a vote of the Master Association Board
members casting sixty percent (60%) of the votes of the Board at
a meeting held for such purpose; and (2) affirmative vote of
Owners representing forty percent (40%), or more, of the town
home and single-family Lots; provided, however, that the
provisions of .i\.rticle 16 cannot be amended without the consent of
Jefferson County: and provided, further, that the provisions of
Article 1B cannot be amended without the vote of the (1) Master
Association Board members casting eighty percent (80%) of the
votes of the Master Association Board at a meeting held for such
purpose: and (2) affirmative vote of Owners representing eighty
percent (80%), or more, of the town home and single-family Lots.
Any amendment to this Master Declaration shall be recorded with
the Jefferson county Auditor as a Certificate of Amendment, duly
signed and acknowledged by the President of the Master
Association.
MASTER DECLARATION - 41
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section 18.3 Right ot Amendment If Requested By
Governmenta1 Aqencies Or Lending Institutions. Notvithstandinq
anything to the contrary contained herein, Declarant reserves the
right to amend all or any part of this Master Declaration to such
an . extent and o..ith such language as may be requested by any
governmental e~tity or agency or lending institution as a
precondition o~ caking any loan. Any such amendment shall be
perfected by t~e Declarant' ~ recording of a Certificate of
Amendment, duly signed by an authorized signatory of Declarant,
and each Owner ::ereby grants his irrevocable power of attor:ley to
Declarant for ~he purposes set forth herein, specifically,
Declarant shall have the right to execute and record said
Certificate of ~~endment on behalf of all Owners and bind all
properties wit::in Ludlow Bay Village to the terms and conditions
set forth therein.
AR'rICLE 1.9
KISCELLANEOtJS
Section 19.1 Interpretation Of T~e Covenants. Except for
judicial const~~ction, the Master Association Board shall have
the exclusive=~ght to construe and interpret the provisions of
this Master Declaration. In the absence of any adjudication to
the contrary, the Master Association I s construction' or
interpretation of the provisions hereof shall be final,
conclusive and binding as to all persons- and property benefitted
or bound by this Master Declaration.
Section .19.2 Severability. Any determination by any court
of competent jurisdiction that any provision of this Master
Declaration is invalid or unenforceable shall. not affect the
validity or en!::::-ceapility of any of the other provisions hereof~
Section 19.3 Rule Against Perpetuities. If any interest
purported to be created by this Master Declaration is challenged
under the Rule Against Perpetuities or any related rule, the
interest shall be construed as becoming void and of no effect as
of the end of the applicable period of perpetuities computed frOlll.
the date when ~he period of perpetuities starts to run on th~
chall.enged interest.
section 19.4 References To The Master Declaration In
Deeds. Deeds to and instruments affecting any of the properties
within Ludlow Bay Village may contain the covenants herein set
forth by reference to this Master Declaration; but regardless of
whether any such reference is made in any deed or instrument, ~ll
terms and conditions of this Master Declaration shall run w1th
the land and shall be binding on all persons claiming any
interest therein, their heirs, executors, administrators,
successors and assigns.
MASTER DECLARATION - 42
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"
:IN WITYESS WHEREOF, POPE RESOURCES, A DELAWARE LIMITED
PARTNERSHIP, has hereunto caused its authorized officials to
e)Cecute this Master Declaration as of the day and year first
above-writte:l.
1'01'2 RESOURCES, A OELAWARE
LI~ITED PAR'rNERSKIP, De~larant,
by Pope MGP Inc.,a Delaware
co~poration, its General Partner
...
LI ~
By: .d.. fl. '- .
George H. F~quet,
its Presidertt and Chief
Executive Officer
STATE OF WASr.!~GTON )
} S5.
county of K~~sa? )
On this .2Sn-.day of Mt'.\.v , 1994, before me, the undersigned,
a Notary ?ublic in and for the State of Washington, duly
commissioned and sworn, personally appeared George H. Folquet, to
me known to be the President anc Chief Executive Officer of Pope
MGP, Inc., e. Delaware corporation, which is known to me to be the'
General Partner .of Pope Resources, A Delaware Limited
PartnerShip, the partnership that executed the foregoing
instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said partnership, for the uses and
purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and
year first above written.
QmQ?.IJ e. a-f1mrl ohLl.flYt.J
NOTARY ?WaLIC ih and for the
state o~ Washington, residing
at (1)".,t ,.-..."1C'U.Tn.A'l1 mIl ""
My commis~ion expires: .;z 14. /Q5.
. . I
MASTER DECLARATION - 43
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"EXHIBIT A"
That portion of Government LotS 1 and 2, Section 16, all in Tov.."DShip 28 North, Range 1
East, W1-1, in Jefferson County. Washington, l)lng Easterly and Southerly of County road
right-of-way;
TOGETHER WITH those par-ions of tidelands of the second class as conveyed by the State
of Washington and tidelands of the second class as lying in fronc of, adjacent to, and
abutting thereon, lying Easterly of a line extending due South from U.S. Department of
Commerce Environmental SClc:lce Services Administration Coast and Geodetic Survey tidal
bench mark No.. 7 (1952) to t.1e outer limits of said tidelands conveyed by deed filed in
Volume 40, page 307.313 or the line of ordinary high water whichever lies further towards
the center of Port Ludlow Bay;
EXCEPT 'that ponion lying :':onh of the Southerly line of that certain tract of land
conveyed to the '"LMC" by d~e:d recorded in Volume 48 of official records, pages 498
through SOl, inclusive, and under Auditor's File No. 221959;
ALSO EXCEPT County road right.of-way as conveyed by Auditor's File No. 333256;
ALSO EXCEPT POrt Ludlow Condominiums No.1. as per instrument recorded in Volume
1 of Condominiums. pages 15 through 22, records of Jefferson County, \Vashington; ..
ALSO EXCEPT that portion of Government Lot 2, Section 16, described as follow:s~
Beginning at a point on the Southerly margin of POrt Ludlow-Chimacum County Road
distant South 01001' 04" East, 944.68 feet from the Northwesterly corner of said Section 16;
thence along the Southerly margin of the Port Ludlow-Chimacum COUDty Road Nonh 670
34' 30" East, 233.56 feet; thence along a curve to the right having a radius of 543.70 feet,
a distance of 52.43 feet; thence North 73006' 00" East, 201.15 feet to the Northwesterly
comer of the tract herein described and the True POLat of Begi~g: thence continuing
along said Southerly margin of the Port Ludlow.Chimacum County Road North 73006' 00"
East 160.0 feet; thence South 160 54' 00" East, 247.68 feet; thence along the Government
meander line in said Section 16, South 600 56' 30" West, 163.67 feet; thence North 160 5;4'
00" West, 282.15 feet to the True Point of Beginning;
ALSO EXCEPT that portion of Government Lot 2 in Se<.:tlon 1.6, Township 28 North,
Range 1 East, WM, Jefferson County, Washington, lying Southedy of Oak Bay Road, as
conveyed to Jefferson County by deeds recorded under Auditor's File No. 198906 and in
Volume 101 of Deeds, page 268, and at Volume 1 of Road Waivers, page 31: Easterly of
POrt Ludlow Condominium No.1 as per plat recorded in Volume 1 of CondomiD.iurns, page
15, records of Jefferson COUDty Auditor; and Westerly of a tract of land conveyed to Louis
E. Scott etux by deed dated September 17, 1991; and recorded Septeml:ier 20, 1991, under
Auditor's File No. 343770, records of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Yo.. 507 pQ235
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AFTER RECORDING
R~TURN TO:
POPE RESOURCES
181 WALKER WA'l
PORT LUDLOW, WA
98J65
381139
JfECOMOEO Ii
VOL.___PAGE
OF OFFICIAL P.fC011DS .
REC~::ST OF
I!lS APR 27 AX U: 31
~ gom.A 11. !:!..!)ftIOGt:
AKENOHENT TO J~FrERSO'" CCUHT't AUDli'O~
MASTER DECLARA'rION OF COVENANTS, CO~I~ION8, RESTRICTIONS
ASSESSMENTS, CliAltGESI. LIENS, RESERV1Tr01l8 Jam Ui:SBKJit1ISVPOR
LUDLOW BAY VILLAGE
TRIS AMENDMENT '1'0 TEtE KASTER DECLARATION OF COVElNAN'rS,
CONDITJ:ONS, RESTRICTIONS, ASSESSHEN'rS, CHARGES, LIENS I RESERVATIONS
ANO EASEHEN"tS :rOR LUDLOW BAY VILLAGE (referred to as the tlMaster
Oeclarationlt when referring to the original, and the "Master
Oeclaration Amendment" whe~ referring to this instrument) is made
and entered into this as: 'day of A;VI..:I , 1995, by POPE
RESOURCES, a Delaware Limited Partnersnip (hereafter referred to as
ffDeclarantlt).
1. P01lPOSE. Declarant is the owner of certain real property
located in Jefferson County, Washington, consisting of 17.87 acres,
legally described in Exhibit A, attached hereto and incorporated
herein by this reference, which is located in the unincorporated
community of Port Ludlow (hereafter referred to as "Ludlow Bay
Villagetl)". Ludlow Bay Village is subject to the Master
Declaration, recorded. under Jefferson County Auditor's File No.
372516, and re-recorded under Jefferson county AUditor1s File No.
372695. The purpose of this Master Declaration Amendment is to
supersede those provisions of the Kaster Declaration specifically
changed herein and add. a provision relating to an exclusive
easement in favor of Ludlow Associates for the benefi~ of the Inn
at LUdlow Bay. Except, however, as expressly. modified herein, the
Master Declaration shall remain and continue in full force and
effect.
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2. AMENDMENT OE' MASTER DECLARATION. The following Sections -':--;:=
modify and supersede their corresponding Sections in the Master ~ ~;: ~
Declaration: ~~'
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No animal, bird, fowl, poultry, or livestock, other than ~W ~
recognized house or yard pets ("Pets"), shall be maintained on any
Lot and then only if kept thereon solely as domestic pets and not
for commercial purposes. No pets shall be allowed to make an
unreasonable amount of noise or to become a nuisance. No structure
for the care, housing or confinement of any pets shall be
maintained ,outside of any Dwelling Unit, nor shall any pets. be
permitted 110 be housed or kept outdoors. Each Owner shall be
responsible for the removal and disposal of all solid animal waste
of his Pets from any property within Ludlow Bay Villaqe. No Pets
shall be permitted on any property within Ludlow Bay villaqe, other
A.
Section 4.2
Animals.
AMENDMENT TO KASTER DECLARATION - 1
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than the Owner I s Lot, unless controlled on a leash or similar
device. Upon the vritten request of any Member, the ){aster
Association .Board shall conclusively determine, in its sole an4
absolute discretion, whether for the purposes of this Section a
particular animal, bird, fowl, poultry or livestock is a nuisance
or a generally r~coqnized house or yard pet and whether there has
been a violation of this Section. Any decision rendered by the
Master Association Board shall be final and binding and enforceable
by Court injunction'.and/or any other remedy provided by Washington
laW'.
B. section 4.13 Restrictions On Residential Rental.
" .13.1 Long Term. Rental. The following shall apply
to long term rental, which shall be defined as rental for not less
than six (6) consecutive months to the same tenant(s). The ent.ire
Dwelling Unit. may be let to a single family tenant from time-to~
time by the Owner on a long term rental basis wit.hout utilization
of the procedures set forth in Section 4.13.2 below. No SUbletting
shall be allowed with regard to long term rental. All leases and
rental agreements shall be in writing and specifically shall state
(1) that they ar~ subject to each and every requirement, covenant,
condition and restriction of the Master Declaration,. Master
Declaration Amendment and other Governir-g Documents; (2) that any
failure by the tenant to comply with the terms of the Governing
Documents shall be a default under the lease or rental agreement:
and (3) that the OWner grants to the Town Home Association BOard,
and its Managing Agent, if any, the authority to evict the
tenant(s) on the Owner.s behalf for such default, upon only such
notice as is required by law. If any lease or rental agreement
does not contain the foregoing p~cvisions, such provisions ~hall
nevertheless be deemed to be a part of the lease and binding upon
the Owner and the tenant by reason of inclusion in the Governing
Documents. Nei ther the Town Home Association Board, nor its
Managing Agent, if applicable, shall be liable to the.owner or the
tenant(s) for any eviction under this subsection that is made in
good faith. Copies of all leases and rental agreements shall be
delivered to the Town Home Association office prior to commencement
of any tenancy.
4.13.2' Short Te1':1l'. .~~t"+;"'-l~ The following shall
apply to short term rental, which shall be defined as rental on a
daily, weekly, monthly or other periodic period less than six (6)
consecutive months to the same tenant (s). The entire Dwelling Unit
may be let to single family .tenant(s) from time-to-time by the
Owner on a short term rental basis only under the following terms
and conditions:
4 (1) The rental shall be made only through a
professional rental management pool approved in advance by the Town
Home Association Board;
AMENDMENT TO KASTER DECLARATION - 2
LOG ITEM
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(2) Each tenant must enter into 'a written rental
agreement, in a form approved by the Town Home Association Board,
which among other provisions provides that (l) they ar~ subject to
each ana every requirement, covenant, condition and restriction of
the Master Declaration, Master Oeclaration Amendment and other
Governing Documents: (2) any failure by the tenant(s) to comply
with the terms of the Governing Documents shall be a default under
the lease or rental agreement; and (3) the Owner grants to the Town
Home Association Board, and its Managing Agent, if any, the
authority to evict the short term tenant(s) on the Owner's behalf
with 24 hours notice in the event of default, or shorter time if
law enforcement is utilized to accomplish the eviction. Rven if
any rental agreement entered int9 with tenant(s) fails to contain
the foregoing provisions, such provisions shall nevertheless. be
deemed to be a part of the rental agreement and binding upon the
Owner and the tenant(s) by reason of inclusion in the Governing
Documents. Neither the Town Home Association Board, nor its
Managing Agent, if applicable, shall be liable to the Owner or the
tenant(s) for any eviction under this subsection that is made in
good faith. Copies of all rental agreements shall be delivered by
the Owner to the Town Home Association office prior to commencement
of any short term rental;
(3) The Town Home Association Board shall have the
right from time-to-time to establish Rules and :Regulations relating
to short term rental use of Dwelling Units and/or property within'
Ludlow Bay Village.
C. Section 4.18 Parking.
4.18.1 Authorized. Parking. Vehicles of all Lot
Owners, Residents, Occupants, Tenants and their quests and
invitees, are to be kept in the garages, residential driveways and
other designated parking areas. Within any designated parking
areas, the, Town Home Association Board, at its sole discretion,
shall have the right to designate parking spaces for particular
Dwelling Units.
4.18.2 Unauthorized Parking. It is the intent of
the Declarant to eliminate on-street parking (unless authorized. by
the Master Association) and parking within parking areas deslqtJa:t;.eq.
for the Inn (unless prior authorization is obtained from the Inn).
Any unauthorized vehicles parking on-street within LudloW Bay
Villaqe or within parking areas designated for the Inn may be towed
away at the direction of (1) the Master Association Board and/or
Managing Agent with regard to on-street parking; or (2) the Inn
with regard to designated parking areas for the Inn. The owner(s)
of said vehicles shall be fully responsible for any costs and
expenses a~ociated with such removal.
AMENDMENT '1'0 KASTER. DECLAlU\TI:OH - 3
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o. seetioD. 10.2 Maintenance aesponsibili'ties ot the Town
Rome Association.
The Town Home Association shall maintain, or provide for the
maintenance of the town home Lots and improvements thereon to the
extent provided herein, specifically including:
10.2.1 Maintenance and repair 'of the exterior
appearance of all buildings <excluding porches/decks and railings) I
improvements and landscaping located on town home Lots, which
maintenance shall be limited to (1) painting: (2) roof repair and
replacement i (3) gutters and downspouts: (4) siding repair and
replacement: and (5) lawn and yard maintenance. Each Lot. Owner
shall be responsible for all other repair and maintenance on their
town home Lot(s) including, but not limited to, decks/porChes and
railings associated therewith, water lines from the water meter to
uses on the Lot, sewer service lines from the Lot boundary I
fireplaces and chimneys, plUmbing, exterior and interior glass,
appliances, heating and cooling systems, and private driveways:
. 10.2.2 Management of all .employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Town Home Association
Obligations, including maintaining workmen's compensation
insurance, if applicable; and
10.2.3 Provision of. all utilities, real estate
taxes, insurance, administrative expenses of operation, managem~nt
and related expenses and services as more fully delineated in
subsection 5.2.3 of this Master Declaration.
3. ADDITIONAL PROVISIONS TO KAS'rER DECLARATION.
Notwithstanding anything to the contrary in the Master
Declaration, the following provisions shall apply within Ludlow Bay
Village,:
A. Ezc1usive Easemen~ oVer A portion.ot Tract C Yor Inn
Purposes. Declarant hereby grants, conveys and quit claims to
Ludlow Associates, a partnership, and its successors and a~signs,
for the ben~fit of r,udlow Associates, Inn quests and invitees, an
exclusive easement over a portion of Tract C as shown on 'the map
attached hereto as Exhibit B (hereafter the l1easement property"),
for any purposes associated with, and in conjunction with, the Inn,
including, but not limited to use, placement of improvements and
other amenities, maintenance and landscaping; providing, however,
that LUdlow Associates, its successors and assigns, shall be
responsible for all maintenance, upkeep and repair of the easeme~t
property. . Lot Owner (s), Residents, Occupants, Tenants J 1;he.lr
guests or invitees, nor the general public, shall not be perm.ltted
access onto the easement property, unless otherwise permitted by
LUdlow Associates, its successors or assigns.
AMENDMENT '1'0 KASTBR DECLARATION - 4
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:nr WITNESS WlI.EREOF, POPE RESOt7RCES , A DBLA1fAJU!l. LIHI'rED
PARTNERSHIP,. has hereunto caused its .authorized officials to
execute this Master Declaration as of the day and year first above-
written.
POPE RESOO'RCES, A DELAWARE
LDlI'rED PARTNERSHIP, Decl.aran-t,
by Pope MGP Inc~,a Delaware
:~~tGr:z:ner
. CREqOR K. CCA,R.RY . (\ .
;Ics V1ce P~es~dent. DeveloF~t
., .
STATE OF WASHINGTON )
)ss.
County of Kitsap' )
On this ~~ay of Af~/'-, 1995, Defore me, the undersigned,
. a. Notary Public in and for the state of Washington, duly
...; commissioned and ,sworn, person~lly appeared 6eQEg... U. F91~K, to C;/Ce a:
)"ltltJ\" jie AuOWh Lv be th<<>~L-sidelltt aftti 'GRief Euas...-t.-t.. a Of'fLeGE' of Pope MCCArtt.
;:lA'mf5JMGP I Inc., a Delaware corporation, which is known to ~e to be the
Gener~l Partner of Pope Resources, A Delaware Limited' partnership,
the partnership that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said p~rtnership, . for the uses and purposes therein
~entioned, and on oath stated that he was authorized to execute the
said instrument.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and
year first above written.
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AHE'NDKElfr TO KASTER. J)ECLARATION - 5
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