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HomeMy WebLinkAboutLog094 DRAFT RECEIVED MAY 1 2 20Cr; DECLARATION JHfW1)N COUNTY DCl, OF OVENANTS, CONDITIONSAND RESTRICTIONS This DE CLARA TION is made on the day of , 2006 by and among WeFore, LLC (Declarant) the developer of certain land situated in Jefferson County, State of Washington knows as The Reserve at Discovery Bay. that includes tax Parcels as referenced in Exhibit' A' (attached) and legally described as follows: To be added The Reserve at Discovery Bay is a long plat subdivision approved by Jefferson County and includes talty-eight (48) single-family residential I.ots of varying size, private roads tor ingress and egress, and a reserve tract that consists of an 18 hole public golf course, public trails, utility casements, environmentally sensitive areas such as wetlands and their prescriptive buffers and forested open space. RECITALS Declarant intends by this document to impose upon a mutually beneficial and enforceable common plan of reciprocal covenants, conditions, and restrictions for the purpose of enhancing and protecting the value, attractiveness and sustainability of the Conilllon Areas and Lots constituting the Subdivision knO\\TI as The Reserve at Discovery Bay. These Covenants, Conditions and Restrictions are for the purpose of extending to the Owners and Association the greatest possible peace, enjoyment, privacy, health, comfort, and safety while empowering each resident to be responsible participants in the preservation and restoration of the Property"s historic natural landscape. The configuration of the 'Lots' is depicted in The Reserve at Discovery Bay Long Plat Subdivision. The Development is governed by a Type m land use permit tor the creation of a Long Plat Subdivision per the Planned Rural Residential Development ordinance (__J of the Jefferson County Comprehensive Plan and by permit approval issued on ,2006. The Reserve at Discovery Bay includes the forty-eight (48) individual lots that vary in size from 0.33 acres to 2.20 acres with an overall average lot size ot: 0.68 acres., private roads and their right of ways, and the public trail easements that are independent of both the golf course cart and maintenance paths and the Larry Scott Memorial TraiL The remaining area of the property constitutes the Reserve Tract and totals approximately 164 acres or eighty-two per cent (82%) of the total area. Internal roads serve the Property with access from either Cape George Road or Discovery Road. All roads will be private and the responsibility for their upkeep, maintenance and repair shall be the responsibility of the Reserve Homeowner's Association, LOG ITEM # CJV Page ( of it The general plan of development provides for the construction of one single-family, privately-owned residence on each of the lots further described in this document. Accordingly, the Declarant establishes and records these covenants, conditions, reservations, and restrictions (collectively referred to as "restrictive covenants" for convenience) which apply to all and any portions ofthe real property described. All ofthe real property described is to be held, improved, leased. sold and conveyed subject to the restrictive covenants set forth in this document, each and every one of which is for the bene.fit of each owner of land purcha<;ed from Declarant for residential or any other use, or any interest therein, and each and everyone of which inures to and is for the benefit of and binding upon each successor in interest of the Declarant. Each and every restrictive covenant is to be construed as being appurtenant to and running with the title to all or any portion of each and every lot created by the Declarant. 1. SECTION 1 - DEFINITIONS "Articles of Incorporation" means and refers to the Articles of Incorporation of Discovery Bay Reserve Homeowner's Association, a Washington nonprofit corporation, and any amendments to the Articles of Incorporation. "Assessment" means and includes any charge levied by the Association against Lots for the purpose of defraying the expenses of the acquisition, operation, maintenance and repair of the Common Areas, as well the expenses of the acquisition, installation, maintenance, or replacement of capital improvements for private service. "Association" means and refers to Discovery Bay Reserve Homeowners Association, a Washington nonprofit corporation, its successors and assigns. "Board" means and refers to the Board of Directors of the Association. "Reserve Tract" is a product of the Planned Rural Residential Development (PRRD) ordinance (Jefferson County Comprehensive Plan Section 3.6.13) which mandates that a minimum of 65% of the property land area be set aside as open space in perpetuity_ The reserve tract may be owned by a homeowners association, corporation, partnership, land trust, individual or other legal entity. "Declarant" - WeFore, LLC (Declarant) retains ownership of the reserve tract. Portions of the reserve tract, i.e. public trails (as defined) and utility easements are considered to be conmlon areas. Upkeep and maintenance of these shall be the responsibility of the Homeowners Association. "Declarant" means WeFore, LLC its. successors an assigns, including the Discovery Bay Reserve Homeowner's Association, if such successors or assigns should acquire one or more undeveloped lots from the Declarant for the purpose of development. "Common Areas" under the responsibility of the Homeowner's Association are all road right of ways (with exception to that portion of Hutson Road which passes through the golf course [md public trails separate from golf course cart paths, and excluding the Larry Scott Memorial Trail in the northeast corner of the property. Common Areas shall also exclude LOG ITEM #- <iY Page_~of those portions thereof within any Lot, as well as other property owned or leased by the AssociatioI4 or in which the Association has an easement or license for the common use and enjoyment of the Owners, including but not limited to storm water conveyance and detention facilities, sanitary sewers, and other utility corridors expressly for the purpose of serving the residentlallots. "I~ublic Trails" - That portion of the Larry Scott Memorial Trail exists by former purchase of an easement and which will be constructed by the Declarant is a public trail. The Cape George link is walking trail easement which connects to the Larry Scott Trail along the Properties northern boundary with Cape George Road is open to the general public. No motorized use will permitted of any kind with exception to those machines required for routine maintenance and repair. "Environmentally Sensitive Areas to be Protected" - The Reserve Tract contains Class I Wetland which is an intermittent stream, small seasonal ponds, and associated native and mature butfer continuously along its northeastern delineation boundary. On the southwest side the buffer is both mature native and historical golf course use. Buffers on the south side will be restored with non golf turf to be converted. Two addition small wetlands occur in the same general vicinity and are Class III and IV, These areas are to be protected per Jefferson County Development Code "Corporate action" means and refers to action taken by the Association by the adoption of either a resolution or a bylaw, whether by the Board or membership. "Declaration" means and refers to this document. together with any amendments, supplements, or modifications to the Declaration. "Final Subdivision Permit Approval" for The Reserve at Discovery Bay development, and means the final document filed at Auditor's File No. -----_.~._------- , which is hereby incorporated by reference into these Covenants, Conditions and Restrictions. ....Lot" means and includes any plot of land shown on a recorded survey map of the property, and any portions thereof, with the exception of the Common and Reserve Areas. "Member" means and includes any person or entity holding a membership 111 the Association, whether singly or as a co-owner of a Lot. "Owner" means and refers to the record mvner (whether one or more persons or entitles) of a fee interest in any Lot, including the Declarant but excluding Mortgagees obligation. Purchases of assignees under recorded real estate contracts shall be deemed Owners against their respective sellers or assignors. "Person" means and includes a natural person, corporation, partnership, association, firm, or any other entity. "Plat" means and reters to the smvey of The Reserve at Discovery Bay Reserve, recorded in Volume __ of Surveys. page~, AFN ,records ofJefferson County, Washington. LOG ITEM # Cjc{ Page .3 _of I "Property" means and includes the real property contained within the plat, together with any additional property within the control of the Association. "Security interest" means and includes any interest which is created in or attaches to any Lot as a result of the execution of any mortgage, deed of trust, or other security instrument for the purpose of securing the performance of an obligation. 2. SECTION 2 - UNIFORM REQUIREMENTS AND RESTRICTIONS The following general requirements and restrictions uniformly apply to all Lots, except where necessarily modified by implication or to conform to the intent of Declarant: 2.1. PurposelResidential Use The Property is a rural residential community. The goals and primary objective of these CC&Rs is to maintain a quality neighborhood insuring compatible development of land and stmctures and to protect and restore the natural ecological diversity of this unique property. No lot shall be used for any purpose other than residential use and accessory uses unless allowed under the Jefferson County Unified Development Code. No business, commercial or industrial enterprises of any kind shall be allowed, except for completely enclosed home business where no exterior visible evidence of the business exists. 2.2. Time Limit for Construction The construction of all buildings and structures is to be prosecuted diligently and continuously from the commencement of construction until the exterior of such buildings or structures are completed and painted or otherwise suitably tinished; exterior work on any building or structure is to be completed within 6 months of the commencement of construction. Upon final inspection, all trailers used in connection with construction shall be removed immediatelv. Under no circumstances mav a trailer. motor home or mobile home ~ ~ be used as a residence except in connection with the construction of a permanent residential structure, 2.3. Architectural Restrictions Building Plan - Plans and Specifications tor all structures or dwelling units which require a building permit from Jefferson County must first be submitted to the Architectural Control Committee for written approval. Approval shall be obtained prior to the submittal of plans and specifications tor approval to construct. Architectural Committee - shall be a committee working for and reporting to the Discovery Bay Reserve Homeowners Association and consist of at least three persons, all of whom shall be Members of the Association. Members shall be appointed by the Association and serve at its pleasure and may be removed or replaced with or without cause at the discretion of the Committee. The role of thc Architectural Committee is to advise and work \-\lith Members in the development of their building plans to ensure adherence to the architectural criteria, and to encourage interaction and cooperation among neighbors in building design and use of space, 'rhe Architectural Committee and Association may specify architectural criteria for the purpose of: # Page LOG ITEM qy Y of 11__ Protecting the use and enjoyment of adjacent properties by other members, Protecting land values Protecting and restoring the natural diversity and ecological complexity inherent to the site and region. Ensure that each residential dweHing unit and site development meets the required Two Leaves status environmental design and engine.ering as defined by the Jefferson County Home Builders Association BuiltGreen Project Checklist for Single-Family New Construction. See Exhibit , attached. 2.4. Non-liability The plans and specifications are not approve engineering design, and by approving such plans and specifications neither the Architectural Committee, the members thereof, not the Association, the Members, or the Board of Declarants assume liability or responsibility thereof, for any defect in any structure constructed from such plans and specifications. 2.5. Timing When final plans and specifications are submitted to the Architectural Committee, the Committee will provide written response, in the form of approval, disapproval, or a request for more infonnation, within fourteen (14) days. 2.6. Architectural Disputes 2.7. Dwelling Quality and Size All buildings, outbuildings and other structures shall be of quality workmanship and materials. No residential dwelling may have less than 1,400 square feet or more than 3,600 square feet of heated interior floor space. In addition, at a minimun1, all buildings, outbuildings and other structures shall conform to the following design standards: All construction of single family residences shall include an attached or detached garage. Mechanical equipment or other utility hardware on roofs, the ground, or on the building itself shall be screened from public view and the adjacent properties with materials harmonious with the building. Building components, such as windows, doors, and eaves shall be in proportion with one anothcr. Continued good appearance depends on the extent and quality of maintenance. Materials and finishes shaH be selected for their durability and wear, as well as for their beauty. Proper measures shall be taken for protection against weather, neglect, and damage. Propane tanks shall either be concealed from view or buried, subject to all building code provisions of Jefferson County. All utilities must be buried underground. 3. SECTION 3 - ?'n 3.1. Site Development/Location # Page LOG ITEM 3<f S of n No building, structure or fence may be erected, constructed, maintained or permitted except within the designated building envelop as defined in the "Individual Lot Site Plan of Existing Conditions" as prepared by Declarant prior to sale. No building, structure or fence may be erected, constructed, maintained, or permitted 'within a Lot other than a single detached dwelling house for single family occupancy only, except appurtenances customarily associated with dwelling houses, such as a private garage. garden house, or similar outbuilding or structure, architecturally in harmony with the main residential structure and of a permanent construction within the building limits set forth in this Declaration. 3.2. Additional Dwelling Unit (ADU) Jefferson County pennits the addition of one (I) auxiliary dwelling unit not exceeding 1,500 square feet in size per single family residential lot. 3.3. Site Clearing All yard, porch and walk lights must be shaded to direct light downward and to prevent direct lighting of areas toward the lake or beyond the bOlmdaries of a Lot; mercury vapor and sodium lights are not permitted. 3.4. Habitat Protection To preserve the wildlife habitat values of the Common Areas, all maintenance shall utilize Best Management Practices. No portion of the Property may be used for the storage or disposal of garbage, trash or rubbish. 3.5. Noise Abatement As "noise" is a very difficult and subjective thing to measure and evaluate, aU residents and Owners must make reasonable individual eftorts to respect and consider peace and tranquility of the people and wildlife inhabitating Chevy Chase. If a dispute arises regarding noise, the dispute shall be resolved by a 75% majority of the members. 3.6. Terrain The topography of a Lot may not be altered in such a way as to result in a change in the natural course of ground or surface waters. 3.7. Domestic Pets Animals must be kept within Lot boundaries; provided, however that leashed domestic pets and haltered horses are allowed within the Propet1y beyond Lot boundaries and Members may ride horses within the Common Areas and pasture horses within areas designated in the plat. 3.8. Manufactured Housing (Mobile, Prefabricated and Modular Homes) No mobile, modular, prefabricated or manufactured homes shall be permitted at any time. No home constructed off the premises, whether meeting the requirements, restrictions and conditions contained herein or not, shall be moved on to any Lot at any time. 3.9. No Further Subdivision Despite anything to the contrary contained herein, no further division of lots as depicted on the Plan shall be pemlitted at any time. No adjustment of boundaries between Lots shall be made \vithout the consent of the Board of the Association. # Page LOG ITEM 9<{ o of II 3.10. Driveways All driveways shall be surfaced with a permeable paved system such as porous concrete, porous asphalt or a permeable unit paver system. Graded rock or gravel shall be installed beneath as required to meet detention and infiltration requirements. 3.11. Vehicular Parking No unregistered motor vehicle shall be kept on any lot in excess of thirty (30) days unless it is stored within a garage designed for vehicle storage. Parking of recreational vehicles of any kind will not be permitted on any residential lot. No exceptions. 3.12. Storm Drainage Management for Dwelling Unit to be added 3.13. Compliance with Land Use Restrictions Owners of lots within the Premises shaH strictly comply with all applicable municipal ordinances pertaining to the use and enjoyment of lots within the premises including, without limitation, all of the requirements, terms and conditions imposed by JefIerson County in connection with the approval of the subdivision of the Premises. 4. SECTION 4 - THE ASSOCIATION. 4.1. Formation and Membership Homeo\\'ner's Association shall be established with mandatory membership for all Lot Owners to serve as the governing body of the Property for the protection, enhancement, maintenance and restoration of the Common Area ecosystem, the administration and enforcement of the roadway maintenance agreements and covenants, the administration and enforcement of the utility infrastructure within the Common Areas and Reserve Tract easements, the assessment of expenses other matters as provided in this Declaration, the Articles of Incorporation or Bylaws. The Association shall be a non-profit corporation under the laws of the State of Washington. The Articles of Incorporation and Bylaws of the Association shall be consistent with the provisions of this Declaration. 4.2. Board of Directors The affairs of the Association shall be governed by a Board of Directors (the "Board"). The Association shan have the power to elect officers, including a president, a secretary and a treasurer, as further set forth in the Bylaws to be adopted upon formation of the Association. 4.3. Control by Declarant The Declarant shall retain exclusive authority, management and control over the Discovery Bay Reserve until such time that the Homeowner's Association has been formed and achieved a seventy-five percent (75%) membership consisting of thirty-six (36) individual Lot Owners_ In the event that the Declarant shall convey any of its right, title and interest in and to the Property to any partnership, individual(s) or corporation prior to achieving that level of participation, the Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such individual or entity shall be oblation to perform all of the duties and obligations of the Declarant. LOG ITEM q<{ tilig1a 7 of /1 4.4. Voting The Association has two classes of voting membership: The Class A membership includes all of the Owners except the Declarant. Each Class A Member has one (l) vote for each Lot owned by the Member. If more than one (l) person holds an ownership interest in a Lot, the Owners are collectively entitled to one (l) vote; in no event may more than one (I) Class A vote be cast with respect to any Lot. The consolidation of Lots will not result in a reduction of votes. The Class B member is the Declarant. The Declarant is entitled to three (3) votes for each Lot owned. The Class B membership ceases and is converted to Class A membership when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership. 4.5. Administration and Compliance The common affairs and management of the project are administered by the Association, through its Board of Directors ("the Board"), officers; and agents, in accordance with this Declaration and the Bylaws of the Association. If there is a conflict between a provision of this Declaration and the Bylaws of the Association, this Declaration is controlling and prevails. 4.6. Assessments For the purpose of defraying the costs .incurred by the Association in connection with the acquisition, maintenance, repair, replacement, and operation of the Common Areas, each member is required to pay the assessment levied against each Lot on an annual basis by the Association, as determined and fixed by the Board at its annual meeting. Notwithstanding any provision of this Declaration or of the Bylaws which may be or which may appear to be contrary, the Declarant is exempted from the payment of any assessments until a Lot owned by the Declarant has been developed and occupied. 4.7. Effect of Forfeiture upon Assessments If there is a default by a purchaser under any contract for the purchase of a Lot, or of there is a foreclosure of any security interest, the Association or the Declarant, as the ease may be, has a cause of action against the defaulting person or entity for all assessments levied but llllpaid. Upon forfeiture or foreclosure, the contract vendor or purchaser at sale shall not be liable for assessments levied against the Lot prior to such forfeiture or foreclosure, and shall take the Lot free and clear of any lien for prior assessments: PROVIDED, HOWEVER, the provisions of this section may not be construed to limit the Association or the Declarant, as the case may be, from exercising any right of lien or foreclosure of lien against any contract vendor or any creator or a security interest whose contract has not been declared forfeited or against whose property foreclosure of security interest proceedings have not been instituted, or against an Owner of any Lot, pursuant to and in accordance with the terms and conditions of the Declaration and the Bylaws of the Association. 5. SECTION 5 - ASSESSMENTS. Assessments are of the following classes: LOG ITEM # .. act jagf~~~~~_ of 1(_ 5.1. Capital Assessments Assessments approved in writing by all Owners for the purpose of accumulating funds in trust over a specified period of time to be used solely for the acquisition of land or the construction of identified capital improvements. 5.2. Special Assessments Assessments levied over an extended period to be used for the purpose of constructing~ installin& or acquiring certain betterments for the enhancement of the Common Areas, as imposed by the Board from time to time. 5.3. Annual Assessments Assessments, which may be collected or paid on other than an annual basis, imposed as charges for the operation and maintenance of the Common Areas, utilities for private service, and other services. Such assessments include reasonable amounts for the repair and replacement of improvements and for obsolescence and depreciation 5.4. Member Assessments Assessments imposed upon individual members of the Association for special services rendered for those members. 5.5. Emergency Assessments Assessments made necessary by reason of a common disaster or by gross necessity. 5.6. Purposes The assessments herein provided to be levied by the Association from time to time win be used exclusively to promote the health, safety and welfare of the members of the Association and for the maintenance and improvement of the Common Areas and the Lots and structures situated upon the Property, as well as for the purpose of providing for the furnishings of utilities and other public services to the properties of the Association and its members. 5.7. Creation of Lien and Obligation of Assessments Each Owner of any Lot, jointly and severally by acceptance of a deed or by the entry into a contract for the purchase of a Lot, whether or not it is expressly so stated in the deed or contract, is deemed irrevocably to covenant and agree to pay to the Association any and all assessments or charges levied against the Lot. Assessments are established and collected in accordance with the Articles of Incorporation, the Bylaws, and this Declaration. From and after the imposition of an assessment by the Board, each assessment becomes a charge and lien upon the Lot against which the assessment is made. Prior to the imposition of an assessment, each Owner shall receive written notice as to the dollar amount, or range of dollar amounts to be considered by the Board in connection with such assessment and the basis tor the determination of such amount or range of amounts. Owners may present written comments to the Board regarding a proposed assessment and the Board shall consider aU written comments received from Owners concerning a proposed assessment prior to the imposition of such assessment. Each assessment, together with interest, costs, and reasonable fees for legal services, if any are incurred, is the joint and several obligation of each Owner of a Lot at the time of the imposition of the assessment. If a Lot is transferred subject to assessments imposed but unpaid, both the transferor and the transferee are jointly and severally liable for the payment of any unpaid assessments, LOG ITEM 1"'~'~ 1,{ ;~E:lge 7 of If - 5.8. Enforcemeat of Lien ad CoIIeetioDof Assessmeats If any assessment is unpaid thirty (30) days after it have been imposed, it may be coU~ at the option of the Association,. as follows: 5.9. Collection Collection of the assessment may be made by any unlawful method of enforcement, judicial or extra-judic~ in accordance with applicable law; or 5.10. Foreelosure By foreclosure of the lien by means of a legal action commenced and prosecuted in the name of the Association in the same manner as provided for the foreclosure of a mortgage of real property. In any such action, the lien imposed pursuant to this Declaration has priority over aU the liens except (1) tax liens upon a Lot in favor of any assessing unit or special district, and (2) a lien created by a security instrument creating a security interest of record. In any legal action brought to foreclose the lien, or for collection in any other manner, in addition to the amount of any assessment, the Association may also collect interest on the amount of the assessment at the highest legal rate from the date of imposition to the date of collection, all costs of the legal action, and reasonable fees for legal services. In addition to any other enforcement action, the Association may suspend the right of an O'Mler to use all or any portion of the Reserve Open Area for all or any purpose(s) for so long as an assessment remains unpaid beyond 30 days from its due date. 6. SECTION 6 - RESTRICTIVE COVENANTS TO RUN WITH LAND 6.1. General All of the restrictive covenants and servitudes set forth in this Declaration run with the land. The grantee named in a deed conveying any interest in real property subject to this Declaration, by accepting such deed thereby accepts the interest conveyed sultiect to all of the restrictive covenants and servitudes. Jointly and Severally Enforceable. Each and every one of the restrictive covenants and servitudes set forth in this Declaration is an independent and separate covenant and agreement. If any restrictive covenant or servitude is for any reason held to be unenforceable or invalid, all remaining restrictive covenants and servitudes will remain in full force and effect. 6.2. Enforcement The Declarant the Association, or any Owner bas the right to enforce, by any proceeding at law or in equity, all or any restrictive covenants, liens, and charges now or at any time imposed pursuant to this Declaration. 6.3. Failure of the Declarant The Association or any Owner to enforce any restrictive covenant, in no event may be deemed a waiver of the right to do so at any other time. Every effort should be made to resolve disputes through mediation or arbitration prior to commencing any legal action regarding the dispute. 7. SECTION 7 - EASEMENTS LOG ITEM i$~.. '1 <{ ~~~fle ! 0 of /1 ~. '""':RII'! 7.1. General There are hereby created perpetual, non-exclusive easements, as shown on the face of the Plat, as well as those easements described in this document. Easements are for the benefit of each Lot and are for ingress, egress and utility purposes, as well as such other purposes as may be stated on the Plat. Easements may be relocated by vote of the Association in accordance with the bylaws. Easements shall run with the land benefited and burden those Lots over 'Which said easements exist. The costs of maintaining and repairing shared driveways shall be apportioned equally among the Lots utilizing such driveway. 7.2. Damage. to easemeat area NotwitbstAndiqg any statemmt to the contrary herein,. if auy Owner ~ a drain field, driveway or utility, such Owuec sIIaIl be solely liable tOr repaidDg such ~ and shaH immediately restore the drain field, roadway or utility to its condition prior to being damaged or found dysfunctional. 7.3. MaiRte.naDee of the COIIUDOD Areas The Association shall adopt a plan and budget to be funded by assessments for the maintemmce of the Common Areas. This plan will include but not be limited to the control of vegetation on the track and meadow~ whether such areas are owned by the Association or available to its members by virtue of a lease, easement or license from the Declarant. 8. SECTION 8 - AMENDMENTS This Declaration may be amended at any aPtUJ$1 meeting of the Association, or at any special meeting called for that ~ by the approving vote of 00 less than 15% of all the Class A and Class B votes cast in person or by proxy at any duly called meeting. IN WITNESS WHEREOF, the Declarant has signed this instrument this _ day of , 2006. STATE OF W ASHlNGTON ) ) S8. COUNTY OF JEFFERSON ) On this day before me personally appeared , to me know to be the individual described in and who executed the within and foregoing instrumeJl4 .aDd who acknowledged the same was executed as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of _, 2006. NOTARY PUBLIC in and for the State of Washington Resident at My commission expires LOG ITEM 9'1- Ftage {( 0 If tf: