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Barbara Nightingale
From: Powers & Therrien (Diane Sires) [powers_therrien@yvn.com]
Sent: Thursday, November 02,20065:02 PM
To: Barbara Nightingale
Subject: MLA 06-00221 - Consolidated Permit Application (Les Powers Response #2)
#2 Attachments C C '+- R 5 Cd. +la. ~/\ e d ')
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POWERS & THERRIEN, P.S.
3502 Tieton Drive
Yakima, WA 98902
Ph (509)453-8906 Fx (509)453-0745
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Diane Sires
Legal Assistant
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" FilE COpy
Master Declaration of
Covenants, Conditions, Restrictions, Assessments,
Charges, Liens, Reservations and Easements for
Ludlow Bay Village
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MASTER DECLARATION OF
COVENANTS, CONDI'l'IONS I RES'l'tlJ:C'l'IONS, ASSESSMEN'1'S,
CBAllGES, L:IENS, RESERVA'l':IONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
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BY
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* lertcordc4 to insert Exhib1t A.
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MASTER DECLARATION OF
COVENANTS I CONDITIONS ( RESTRICTIONS, ASSESSMENTS I
CHARGES, LIENS, RESERVATIONS AND EASEMENTS FOR
LUDLOW BAY VILLAGE
SECTION
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
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
1.30
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS
Annual Assessment
Architectural Review Committee
Articles
Assessable Property
'Assessment Lien
Associations
Board
Bylaws
Common Areas
Covenants
Declarant
Developer
Dwelling Unit
Exempt Property
Governing Documents
Inn
Lot
Ludlow
Ludlow
Master
Master
Melnber
Membership
occupant
Owner
Resident
Single-FamilY
Special Assessment
Town Home Association
Visible From Neighboring Property
Bay Village
Bay Village
Association
Declaration
Rules
Design Standards
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2
2
2
2
2
2
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'3
3
3
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4
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4.22 Additional Wells 1"
4.23 Pesticides, Herbieides and Funqicides 1.4
4.24 Declarant's Exemption 14
4.25 Disputes 14
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ARTICLE 5
ORGANIZATION Of THE ASSOCIATIONS
Section
5.1 Formation of the Master Association 15
5.2 Formation of the Town Home Association 17
5.3 Ludlow Bay Village Rules 19
5.4 Non-Liability of Officials and
Indemnification. 20
5.5 Managinq Agent 20
5.6 Records and Accounting 21
5.7 Inspection of Books and Records 21
ARTICLE 6
MEMBERSHIP AND VOTING
Section
6.1
6.2
Master Association
Town, Home Association
21
22
ARTICLE 7
COVENA."iT FOR ASSESSMENTS AND CREATION OF LIEN
Section
7.8
7.9
7.1.0
creation at Lien and Personal obligation of
Assessments 22
Annual Assessments 2 ~
Determination of Annual Assessment 23
Rate of Assessment . 24
superiority of Assessment Lien 24
Maximwu Annual Assessment ,24
Special Assessments for Capital Improvements
and Extraordinary Expenses 25
Billing and Collection Procedures 25
Collection ~osts and Interest on Oelinquent
Assessments 26
Evidence of Payment of Annual and Special
Assessments 26
7.1
7.2
7.3
7.4
7.5
7.6
7.7
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Section
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 Villaqe Design Standards 34
Violation of Approved Plans of the Committee 34
Non-Liability for Approval of Plans or
Directions Reqarding Maintenance and Repair 35
ARTICLE 12
RIGHTS AND POw"ERS 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
Riqhtsof Declarant Incident
Easements Deemed created
3S
38
38
to Construction 39
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Rule A9ains~ perpetui~ies
Reterences to the Master Declaration in
Deeds
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MASTER DECLARATION OF
COVEN~VTS, CONDITIONS, RESTRICTIONS, ASSESSMENTS,
CHARGES, LIENS, RESERVATIONS AND E~SEMENTS FOR
LUDLOW BAY VILLAGE
THIS lA'..i\S'I'ER DECI.AR.A'I'ION of Covenants , Conditions,
Restrictions, Assessments, Charges, Liens, Reservations and
Easements (hereafter referred to as lithe Master Declarationll) is
made this ..25~ day of s"k~':l, 1994, by PP'PE RESOURCES, A Delaware
Limited Partnership (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, 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 llLudlo...... Bay Village"). Declarant intends to incorporate a
mix of uses within Ludlow Bay Village, inclUding a restaurant,
marina, 36 room '''Inn at Ludlow Bay, u 53 residential town homes
and 5 single family residences; and
WHEREAS, Oeclarant intends to dedicate portions of Ludlow
Bay Village for limited public use and access; and
WlIEREAS, Declarant desires to for:u two non-prOfit
corporations,' namely a (1) Master Association, the "Ludlow Bay
Village Association" (hereafter referred to as "Master
Associationlf), which is intended to provide for the management
and maintenance of the overall Ludlow Bay Village, including all
Common Areas; and (2) Town Home Association, the "Town Homes At
Ludlow Bay Associationll (hereafter referred to as "Town Home
Association"), which is intended to provide for the management
and maintenance of the 53 residential town homes within Ludlow
Bay Village (the Master Association and Town Home Association ma~ '
be COllectively referred to herein sometimes as "the
Associations"): and
WHEREAS, Declarant wishes to subject Ludlow Bay village to
the covenants, conditions, restrictions, assessments, charges,
liens, reservations and easelnents 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 date of record.ation of this Master Dec:laratiol\,
Declarant hereby makes all conveyances within LUdlow Bay village,
whether or not so provided. therein, subject to the Covenant.s
herein set forth ~ and by accepting deeds, easements or other
grants or conveyances to any property within Ludlow Say Village,
the Owners, Residents and other transferees for themselves and.
their heirs, executors and administrators, trustees, personal
representatives, successors and assiqns, agree that they shall be
personally and collectively bound by all of the Covenant.s
(including but not limited. to the obligation to pay assessments)
hereinafter set forth.
NOW, THEREFORE, DECLARANT hereby declares as follows:
ARTICLE 1
PEFINITIONS
The words, phrases or terms used in this Master Oeclarat.i-..::-,
shall have the following meanings:
Section 1.1 "Annual l\.ssessmentll shall mean the charge
levied and assessed each year against each Lot pursuant to
Article 7 of this Master Declaration.
Section 1.2 "Architectural Review 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 1.4 llAssessa.ble propertyll shall mean all property
within Ludlow Bay Village, including, 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 Exempt Property. .
section 1.5 llAssessll1ent Lien" shall mean the lien create<;i
and imposed by Article 7.
Section 1.6 "Associations" shall mean the Ludlow Bay
Village Association and the Town Homes At Ludlow Bay Association,
hoth 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 "Boardll shall mean the Board of Directors of
the Associations.
MASTER DECLARATION - 2
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sect.ion 1.8 "Bylaws" shall mean the Bylaws of th'e
Associations as the salUe may from time-to-time be amended or
supplemented.
Sect.ion 1.9 "Common ),reaslf shall mean Tracts A, a, c, 0 and
E as shown on the face of the map of Ludlow Bay Village, which
shall remain open space in accordance with tne terms and
conditions set forth herein, for the life of the project.
Thereafter, use of the CotlUtlon Areas shall be at the discretion of
the Master Association Board.
section 1.1.0 "Covenants'l shall mean the covenants,
conditions, restrictions, assessments, charges, liens,
reservations and easements set forth in this Master Declaration.
section 1.11 II Declarantl1 shall mean Pope Resources, A
Delaware Limited ?artnership, organized under the laws of the
state o~ Delaware.
Section 1.12 uDeveloper" shall mean and refer to Pope
Resources, A Dela~are Limited Partnership.
Section 1. .13 "Dwelling- oni t" shall mean any building or
portion of abuilding, including a town home 0::: single-family
residence, situated upon a Lot designed and inter-ded for use and
occupancy as a residence. .
Section 1.1( uExempt Propertyll 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,
which is being constructed on the property subj ect to this Master
Declaration. .
Sect.ion 1.17 "Lot" snall m-ean 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 Declarant, together
with all appurtenances I improvements I and residences. no~ or
nereafter built or placed on the Lot.
section 1.18 "Ludlow Bay Village Rules" shall mean the
rules tor Ludlow Bay Village established or adopted by the
Declarant or Master Association Board pursuant to Article 5.
section 1.19 lILudlov Bay Villaqe Desiqn Standard.s" shall
mean the LudIc., 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.
section 1.21 "Master Decla.ra.tionll shall mean this Master
Declaration of covenants, Conditions, Restrictions, Assessm.ents,
Charges, ServitUdes, Liens, Reservations and Easements, as
amended or supplemented from time-to-time.
section 1.22 "Member" shall mean any 'person holding a
Membership in the Associations pursuant to this Master
Declaration. ~embers of the Master Association shall, without
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 owner(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 "Qccupantll shall mean any person rightfully
occupying a Lot or other property within Ludlow Bay Village.
Section 1.25 "avner" 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 real
estate contracts shall be deemed Owners as against their
respective sellers or assignors.
section 1.26 "Resident" shall mean:
(a) An Owner ac~ually residing in a residential
town home or single-family residence located on a
town nome or single-family residential Lot within
Ludlow Bay Villagei
MASTER DECLARATION - 4
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(b) Me~ers of the immediate family of each Owner
actually living in the saMe household within Ludlow
Bay village with such Owner; and
(c) 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-Fa.mily",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 occupar.cy limitations established by Jefferson County, who
maintain a co~on household in a Dwelling Unit. For purposes of-
this Master Declaration, "single family" shall also inclucle 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 inviteesi
provided, that this definition shall not include any corporation,
partnerShip or other entity formed for the purpose of cooperative
or communal living purposes to circumvent the intent of this
Section.
Section 1.28 "special Assessment" shall mean any assessment
levied and assessed pursuant to the special Assessment provisions
of Article 7.
Section 1.29
Homes At Ludlow
corporation.
IlTown Home Association" shall mean 'the Town
Bay Association, a Washington non-prOfit
Section 1.30 "visible From Neighboring property" shall
meant 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 DEC~TION
Section 2.J. General Declaration creating LudloW Bay
V~llaqe. Declarant intends to develop LudlOW Bay Village into a
lnl.X of coonmercial 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 ect to this Master Declaration, as amended from ti111e-to-time.
This Master Declaration is declared to be in furtherance ofa
general plan tor the overall improvement of Ludlow Bay Village
MASTER DECLARATION - 5
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and is established for the purpose of enhancing and perfecting
the value, desirability and attractiveness of LUdlow Bay Villaqe.
This Master Declaration, as hereafter lUay be modified or amended.,
shall run ~ith all property within Ludlow Bay village and shall
be binding upon and inure to the]:)enefit of Declarant, the
Associations, all Owners, Residents and Occupants, a.nd their
successors and assigns. However, nothing in this Oeclaration
shall be construed to prevent Declarant from dedicating or
conveying 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 b~
the state of Washington.
ARTICLE 3
EASEMENTS AND RIGHTS OF ENJOYMENT
IN COMMON AREAS
Section 3.1 Easements Of Enjoyment. Every Owner, Resident,
Occupant and Me~~er of the Master Association shall have a non-
exclusive right and easement of enjo~ent in and to the Common
Areas, which easement shall be appurtenant to and shall pass with
the title to all property within Ludlow Bay Village, 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 against
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 Assoclation 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 Comm.on 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 Ludlow 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 reqard 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,
the Master Association shall have the right to restrict access to
those portions of the Common Areas, such as drainaqe 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 Maste~ Association shall not restrict use of the COmQon
Areas by guests of the Inn or the Port Ludlow Marina beyond those
restrictions a?plicable to all Owners;
3.1. 4 The right of Decla~ant, reserved hereby, to non-
exclusive use of all Common Areas for display, sales,
promotional, and other purposes deemed useful by Declarant:: and
its agents and representatives in advertising or promotin9 Ludlow
Say Village. This right shall permit Declarant to allow
unlimited use of the Common Areas by guests and prospective
purchasers.
ART:tCLE "
LAND USE C~SSIFICAT:tONS, PE~~ITTED USES AND RESTRICTIONS
The follcwing covenants, conditions and rest.rict.ions are
hereby imposed upon all properties within Ludlow Bay Village:
Section '.1 Architectural control. No improvements,
alterations, repairs, excavation, qradinq, removal of trees with
base trunk diameter 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 ioproved condition
(existing as of completion of Declarant's const.ruction 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 committ.ee. All
original construction as well as any modifications or additions
thereto as shall be constructed by Declarant shall be exempt from
the provisions of this Section.
MAST~R DECLARATION - 7
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section '.2 Animals. No animal, bird, fowl, poultry or
livestock, other than one (l) generally recognized house or yard
pet ("Pet"), 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 ~emporary Occupancy And Temporary Buildinqs.
No travel or other trailer, camper or canopy, recreational
vehicle, boat, basement of any incomplete building, shed, tent,
shack or qaraqe, 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 1 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 nul,sance,
unsafe or hazardous activity shall be permitted to eXJ.st or
operate upon any property within LudlOW Bay Village so as to be
.offensive or detrimental to any other property within Ludlow Bay
I
.
MASTER DECLARATION - 6
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Village or Occupants thereof. Normal construction activities and
parking in connection with the building 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 binding 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 permitted within Ludlc... 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 Of struetures~ No structure on any
property wi thin Ludlo.... 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 other_ise
finished. In the event any structure is damaged or destroyed,
then, subject to the approvals required herein, such structure
shall be imluediately repaired and rebuilt, unless otherwise
provided in this Master Declaration.
Section 4.7 Antennas, Satellite Disbes And cable
~elevision. 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 (l) 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 opinion 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. It
so, then each Lot shall be required to connect to said system and
pay periodic fees, if applicable, for said serv:ice.
Notwithstanding anything to the oontrary herein, in the event
that advanced or future technology is available such that
MASTER DECLARATION - 9
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antennas, satellite dishes or other similar devices can be
adequately screened and made aesthetically pleasing, then the
Master ^ssociation Board, at its sole discretion, may modify this
COVenant regarding such devices.
section 4.8 ~rash Containers And collection. No trash or
other debris shall be placed or kept on any property wi thin
Ludtow 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, - 0:' 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, ex~ept during brief periods of collection. No outdoor
ineinerators shall be kept or maintained on any Lot.
section 4.9, Clothes Drying Facilities And Playqround
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 ".10 Kachinery And Equipment. No machinery or
heavy' equipment of any kind shall be - placed, operated or
maintained upon any Lot, except (il such machinery or equipme~t
as is usual and customary in connection with the use, maintenance
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 2411 and shall only be
permitted if affixed to the dwelling, unless otherwise mandate~
by Court or washington law;
(ii) One IIFor Sale" or "For Rentll sign not exceeding
18" x 24" in area, provided that any such sign shall be affixed
to the dwelling (no yard or post signs shall be permitted) ;
(iil) One identification sign for individual
residences not exceeding 6'1 X 12" in a location designated by the.
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Declarant or approved by the Architectural Review Committee;
and
(iv) Signs of Declarant or signs authorized by
Declarant for olacement on any property within Ludlow Bay
Village. All such signs shall be removed by the Owner promptly
upon c01i1pletion of their intended use. .
Section 4.1.2 Restriction On Further Lot Subdivision,
Property Restrictions And Rezoning. No Lot within LudloW' Bay
Village shall be further SUbdivided. No portion less than all of
any such Lot, nor any ease~ent 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 against
any Lot without the provisions thereof having been first approved
in writing by the Master Association Board, and any covenants,
conditions, rest=ictions or easements recorded without such
approval being evidenced thereon shall be null and void. No
application for variances, or special or conditional use pe~its
shall 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 (1)
that they are subject to each and every requirement, covenant,
condition and restriction of this Master Declaration and other
Governing Documents, (2) that any tailure 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 and its Managing 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 Managing Agent, if applicable,
shall be liable to the Owner or the tenant for any eviction under
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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.
.. .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 tems and conditions
imposed by the Inn for such rental.
Section 4.14 Utilities And utili~y Easements.
(a) All properties within Ludlow Bay Village shall be
connected to sanitary sewer and water' utilities provided 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 co~pany
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 systems. ^5 a condition of the
easement, all utility companies shall be required to promptly
remove all debris and restore the surface of any affected
property vithin Ludlow Bay Village as nearly as possible to the
condition it vas 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; provided,
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that removal of such temporary above-ground utilities must occur
immediately upon completion of construction.
section 4.15 Walls, Pences And Hedges. Unless constructed
by Declarant dur~ng initial development of Ludlow Bay Village, no
wall, fence Or hedge shall be constructed, placed or maintained
on any town home or sing~e-family Lot within Ludlo~ Bay Village.
All walls, fences and hedges on commercial properties shall be
subject to prio:- A:-chitectural Review Committee approval and
shall be in strict compliance with the Ludlow Say Village Design
Standards.
section 4.1.6 Trucks, Trailers, Recreational VehiCles,
Campers or Boats. No motor vehicle classed by manutacturer
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~ithstanding the foregoing, any of the above-
described vehicles may be stored inside a garage, providing said
vehicles are r.ot 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 Hotor vehicles. No automobile, motorcycle,
motorbike or other motor vehicle shall be constructed,.
reconstructed., repaired or rebuilt upon any property wi thin
Ludlo~ Bay Village, and no inoperable or unlicensed motor vehicle
(which otherwise would require a license) may be stored or parked
so as to be Visible From Neighboring Property: provided, however,
that this restriction shall not apply to {i} emergency vehicle
repairs which require less than eight (8) hours to complete: and
(ii) vehicles parxed in garages, which are not Visible 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 any
streets within Ludlow Say Village, unless otherwise designated by
the Master Association"Soard.
Section ..19 Right 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 Master
Association Boardl, and any member of the Master Association
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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 owelling Unit, for the purpose
of ascertaining co~pliance with this Master Declaration and other
Governing Documents.
Section 4.20 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 4.21 NO Prefabricated, ModUlar Or Manufactured
Housinq. No prefabricated, modular or manufactured housing,
including mobile homes, shall be moved, placed, assembled or
maintained on any Lot as a Dwelling Unit or otherwise.
Section ".22 AdcU tional 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 4.23 Pesticides, Herbicides And Fungicides.
Within Ludlow Bay Village, pesticides-and herbicides shall only
be applied by ap?licators licensed by the washington State
Department of Agriculture consistent with the requirements of thP.l
Washington Pesticide Application Act, RCW 17.21, and the
Washington Pesticide Control Act, RCW 15~5a, 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'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 De.clarant, or its duly authorize~
agents, of any buildings, utilities, structures, improvements or
signs necessary or convenient to the development of sale of
property within Ludlow Bay Village.
Section 4.25. Disputes. The Master Association shall have
jurisdiction over activiti~s permitted within the Common Areas.
The Master Association, through the Master Association Boa.rd,
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
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the Master Oeclaration or other Governing Documents shall be
sul::nuitted to the Master Association Board for determination,
unless other~ise provided herein to be within the authority of
the Architec~ural Review Committee. The decision of the Master
Association Board or .t\rchi tectural Review Cor.uuittee, as
applicable, unless othe~Jise provided, shall be final.
UTICLE 5
ORGANIZATION OF ~HE ASSOCIATIONS
section S.l Fot1l1ation Of The Kaster 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 followinq
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 me!llbers of 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 with 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) owner(s) of the marina property shall be
entitled to designate one (1) member to the Master Association
Board;
(8) owner(s) of the restaurant property shall be
entitled to designate one (1) member to the Master Association
Board;
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(e) Owner{s) of the Inn shall be entitled to
designate three (3) members to the Master Association soard;
(D) The Town Home Association shall be entitled
to designate three (3) members to the Master Association Board;
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 (l) vote on all matters to come befor'e, the Master Association
Board. ,A lnajority 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 desirable for the p-roper functioning
of Ludlow Bay Village, including, but not limited to, the
following:
(A) Providing for all utilities and other
services wi thi:1the 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 stonn 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;
(e) 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 th~ Master
Association within LudloW Say village Common Areas and/or
easements granted to the Master ^ssociation, if any;
(0) Paying real estate and personal property
taxes, assessments and other charges on Common Areas and
improveIl1ents thereon, to the extent not otherwise taxed to
individual Ow~ers;
(E) Insuring all improvements which the Master
Association is Obligated to maintain against damage by ca~ualty
to the full extent deemed appropriate by the Master Assoc~ation
Board;
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( (F) Hiring', firing, supervising and paying
employees and independent contractors to carry out the
obligations of the Master Association as set forth nerein;
(G) Maintaining 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;
(H) Maintaining 'Worben' s compensation insurance
for all em?loyees of the Master Association:
(I) Purc~asing goods,
services reasonably necessary for the
Obligations set forth herein;
supplies, labor
performance of
and
the
, (3) 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;
(K) Obtaining legal and accounting services
deemed desirable for the proper 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 conveni.ent for the
accomplishzlent of the obligations set forth in this Master
Declaration and the Governing Documents including- t but not
limited to, the maintenance of all Com.mon Areas and other"
amenities ~ithin Ludlow Bay Villagei and
(M) such other matters and powers as are provided
under the Governing Documents 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 Byla'Ws of the Town Home Association shall, for
any reason, be amended or othe~~ise 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 home!? 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 t1;J.s
Master Declaration is recorded, or until Declarant voluntarlly
MASTER DECLARATION - 17
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relinquishes such right, whichever shall occur first. During tlfis
period of time, Declarant shall h.ave the exclusive right to
appoint all me~ers of the Soard 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 'rown Home Association in accordance with this
Master Declaration and other Governing Documents.
S.2.2 At the expira~ion of the control by
Declarant as set forth 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 Association1s
Articles of Incorporation and Bylaws as the same may be amended
from. time-to-time. The Town Horne 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) vote on all matters to corne before the Town Home
Association Boa=d. A majority vote shall be required for all
matters to come before the Town Home Association Board, except as
otherwise spe~~fically provided herein or as required by
Washington law.
5.2.3 The Town Home Association, through the Town
Home Association Board, shall be entitled to provide all qoods
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;
(6) 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 herein!
(D) Maintaining liability insurance and bonds to
protect the To'~ 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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(
eE) Maintaining workmen's compensation insurance
for all employees of the Town Home Association;
(F) Purchasing
services reasonably necessary
obligations set forth herein;
goods, supplies, labor
for the performance of
and.
the
(G) Establishing and maintaining such cash
reserves, if any, as the Town Home Association Soard 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 sarvices 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
(J) Such other matters and powers as are provided
under the Governing Documents and Washington law for a non-profit
corporation.
Sec~ion 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 ~ay 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 e~t~ties.
The Ludlow Bay Village RUles, as adopted, amended, mod1f~e4 or
repealed shall be available for review at the principal off~ce of
MASTER DECLARATION - 19
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the. Master Association to each person or entity reasonably
ent1.tled 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 tne provisions of this Master
Oeclaration to the extent of any such conflict. Any monetary
penalties or fines imposed by Ludlow Bay Village Rules snall be
treated as an assessment which shall become alien aqainst 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 In<1em.nifica.tion.
To the fullest. extent pernLitted by Washington la-"" Declarant, and
every Director, Officer, Cownittee Hember- (specifically including
members of the Architectural Review committee), Manaqer(s), or
other employees of the Associations and of the Declarant, shall
not be personally liable here.under 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 negligence 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.
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Section 5.5 Managing ~qent. Each Association, through i~$
Board, is authorized to employ persons, including a Managing
Agent, and to contract with independent contractors to perform
all or any part of the duties and responsibilities of the
Association e~ployinq 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
l1\anagement agreements shall be available to eachOwne~ upon
request at the Association Office, or such other locatJ..on as
designated by that Association's Board.
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section 5. G Records And Accounting. Each Association shall
keep, or cause to be kept, true and correct books and records of
all financial affairs involving the Association incluaing, 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 ot Books And. Records. The
t:1embership 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
~easonable rules concerning the follo\\ling: (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 inspection 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.
ARTICLE 6
MEMBERSHIP AND VOTING
section 6.1 Kaster Association. Every Owner of a town hOlUe
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 MembershiPI 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
matter 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 Rome Association. Every Owner of a town
home Lot shall be a Member of the Town Home Association.
Membership shall be appurtenant to and may not be separated from
ownership of the town home Lot to which the Mel:l.bership 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 Owners of interest in the Lot. The follo'..rinq shall
apply with regard to the Town Home Association:
6.2.1 Each Membership ~hall be entitled to one
(1) vote on all matters to come before the Town Home ~ssociation
for a vote of the Membership. Unless otherwise specified to the
contrary in this Master Declaration or other Governing Documents,
a majority 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 1
COVENANT FOR ASSESSMENTS AND C~A'I'ION OF LIEN
section 7.1 Creation Of Lien And Personal Obligation Of
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 so
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 specia]
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 continuing
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 o.n the
defaulting Ownerl s property by either the Master AssocJ.ation
and/or the Town Home Association, as applicable, in like manner
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as a ~ortgage on real property, or in any other ~anner permitte4
by Washington law. The lien for each unpaid Assessment attaches
to the property after the due date and shall continua to be a
lien against such property u~til paid. The costs and expenses
for filing any notice of lien shall be added to the Assess~ent
for the prope:ty against ~hicn 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~ner unless expressly assumed by
them. ' -
section 7.2 Annual Assess=ents. 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 propert.ies in Ludlow Bay village, ex.cept
Exempt Properties. The Town Home Association Annual Assess~ent
shall be levied against all to~n home lots in Ludlow Bay Village.
With rega:,d to town home and. single-family Lots t no Annual
Assessment shall be levied or otherwise accrue in favor of the
Master Association or Town nome Association against said Lots
until title to the Lot is transferred trom 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 ~ssociation.
section 7.3 Deterntination 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, repair,
landscaping and replacement reserves (at the discretion of the
Board) associated ....ith the town home Lots, together with any
other dutiest responsibilities and obligations of the Town Home
Association. Annual Assess~ents 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." Rate Of .Assessment. The following shall apply
with regard to each Association:
7.4.1 With regard to the Master Association, the
residential lcts (town home and single-family Lots) subject to
assessment shell 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 uniform rate
for each of tr.e S8 residential Lots subject to assessment. The
Marina shall be required to pay an Annual Asse.ssment equal to te.n
percent (10%) of the total budgeted amount for the Master
Association. ~he Restaurant shall be required to pay an Annual
Assessmente~al to twenty percent (20%) of the total budgeted
amount for t~e Master Association. The Inn shall be required to
pay an'Annual Assessment equal to thirty percent (30%) of the
total budgetecamount 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
established b., the Board. of t.he Town Home Association. The
Annual Assess;'ent shall be set at a uniform rate for each town
home Lot.
section7~S superiority Of Assess~ent Lien. To the. extent
permitted by law, the Associations' lien on properties within
Ludlow Bay Village for Assessments shall be superior to any
homestead exe::option now or hereafter provided by the laws of
Washington, . or any exe~ption now or hereafter provided by the
laws of the United States. Since the Owner will receive a copy
of this Maste= 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.
seetion 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.
7.6.2 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.sh~ll
be effective at the beginning of each fiscal year. 8eg1nnlng
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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 Association by a maximum amount equal to the greater of
either (1) five percent (5\) over the previous yearts Annual
Assess~ent, or (2) the percentage inc:ease in the Consumer Price
Index, Sea~tle/Everett Metropolitan Area (or such other closest
geographic area available), as published by the Depart~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
du:ing 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 time as Declarant is no longer i.n
control of an Association, and notwithstanding 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; and (2) With
regard to the Town Home Association, there must be written assent
of Ow~ers representing forty percent (40%) of the town ho~e 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 writins and circulate the same to the
Me!t1bership.
Section 1.7 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
whole or in part, the cost of any acquisition, construction,
reconstruction, repair or replacement 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 70% approval on the part of the Board: and (2) With
regard to the Town Home Association, there must be written assent
of O\omers representing forty percent (40%) 0 f the town home Lots f
Section 7.6 Billing And Collection Procedures. The Board
of each Association shall have the right to adopt procedures
consistent here~ith for the purpose of levying and collecting
~~nual and Special AssessQents. ,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 at
the Member on the Associations' records. such notice may be
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given at any time after delinquency of such payment. The
A.ssociations 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, m.ade
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 the 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 Assess~ent
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 issu'=-
a written certificate stating (a) that all Annual and Speci~~
~ssessments (including interest, costs and attorneys' fees) hay~
been paid with respect to any specified property as of the dat&
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 I costs and attorneys'
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 hereir.
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!ll
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 an:
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
from Exempt property status) and the Assessment Lien.
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i SectioD 7.12 Declarant Subsidy. Declarant agrees to
provide the.follo~inq subsidies with regard to the Associations:
7.12.1 With regarcl to the Town Home Association,
until forty (40) town 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 shall 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 cor:tem.plated herein shall automatically terminate
upon the Closing of a sale on the 40th town home Lot, unless
terminated pric~ thereto due to the self-sufficient financial
condition of the Town Home Association.
7.12.2 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 end
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 maximum amount 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 ~he amount of the pro rata share of the )~nual
Assessment levied against other residential L~ts by the Master
rtssociation. ~~e terms of the subsidy shall be established by
written agree~ent between the Declarant and the Master
Association. Declarant 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 PAYMENT OF ANN'OAL AND
SPECIAL ASSESSMENTS AND OF ASSESSMENT LIENS
Section B.1 Master Association As Entorcing Body. The
Master Association shall have the exclusive right to enforce the
provisions of this Master DeClaration.
Section 8.2 Associations I Remedies To Enforce payment ot
Annual And special Assessments. The Associations may enforce
payment of any cielinquent Annual or Special Assessments, together
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with all collection costs and 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 Assessments; and/or
8.2.2 Foreclose the Assessment Lien against the
property su~ject 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 '1'0 First
Hortqaqe: 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 The Associations' Funds May
ae 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' Rights In Spending Funds FrOlll
Year-to-Year. The Associations shall not be obligated to spend
in any year all the sums received by them in such year (whether
MASTER DECLARATION - 28
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by way of 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
succeedinq 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
KAI~ENANCE AND OTHER RESPONSIBILITIES OF
TSE OWNERS AND ASSOC~ATIONS
Section 10.1. Maintena.nce Responsibilities of the Master
Association. The Master Association shall maintain, or provide
for the ltlaintenance of, the Conunon Areas wi thin Ludlow Bay
Village, specifically including, put not limited to:
10.1.1 Maintenance of grounds and landscaping;
maintenance and repair of all private roadways; and maintenance,
repair and replacement, if necessary, of any signs, 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 cont:ol systems located within the Common Areas,
including, but not limited to, catch basins, piping, conveyance
facilities, retainage and detainage ponds, bioswales and oil
separators;
1.0.1.3 Management of all employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Master Association
obligations, including maintaining worlolen I s 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
related expenses and services as lUore fully delineated .in
sUbsection 5.1.3 of this Master Declaration.
sectiou'10.2 Maintenance Responsibilities of the Town Bo=e
Associa.t.ion. 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 maintenance 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 tor 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 Management of .all employment matters,
including hiring, firing, supervising and paying employees and
independent contractors to carry out the Town Home ~ssociation
Obligations, including maintaining workmen's cOr.l.pensation
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 And 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 improvements 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 To Direct
Kaintenance and Repair. Th.e Master Association, through the
Architectural Review Committee, 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 Comraittee 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 Associationt
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.
10.4.2 With regard to single-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 1:1ainter.anCe within 90 days of the date notified
by the Architectural Revie..... COrnlUittee, 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 perfon;lance
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) .
~O...4 In t~e event that the Owner, or the Board
of the Town Ho~e Association, as applicable, fails to perform the
maintenance 0:: repair specified' by the Architectural Review
Committee, or Board of the Master As~ociation if there is an
appeal, then the Master Association shall have the right, 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 costsJ
and interest thereon at the rate of 12% pe~ annum from 30 days
after an invoice for payment "is deiivered 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 Repa.ir. 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, guest$ or
invitees, the cost of such maintenance or repair may, at the
discretion of the Board of the Association otherwise charged with
remedying the Sal:le, be charged 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. An Assessment Lien shall secure
repayment and be enforceable in the same manner as other
Assessments provided for herein.
ARTICLE 11
ARCHITECTURAL CONTROL
Section 1~.1 Lots Subject .'1'0 LUdlow Haintenance commission
Architectural Review. At all times after conveyance from Pope
Resources, the Owners of each Town Home Lot and Single-Family Lot
within Ludlow Bay Village shall be subject to Ludlow Maintenance
Commission ("L'!ClI) architectural control, as set forth in A=ticle
17, in addition to architectural control by the Architectural
Review Committee of the Master Association as set forth below.
Prior to see~ing approval of the Master Association committee,
Owners must obtain approval of their plans and specifications
from. the LMC Architectural Control Committee. The fOllowing'
applies to LMC architectural control:
No building or structure (including fences or any
manmade obst~ction) shall be built or placed or thereafter
altered on any Lot, nor shall a Lot be cleared or excavated for
use, nor shali ~ny tree of six-inch (611) 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 identi;ication of individual trees to be cut) have been
subm'itted to and .approved by the LMC Architectural Control
conunittee. The LMC Architectural Control Committee shall consist
of five individuals who shall be appointed by and subject to
removal or replacement by the Board of Trustees of the LMC. The
Address of the Architectural Control Committee shall be: Ludlow
Maintenance cc~ission, Inc., Post Office Box 6506, Port Ludlow,
Washington, 98365, Attention: Architectural Control Committee.
The address may 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. It
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 hereofl may be abated
by legal proceedings instituted by the !.MC 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 minimizinq
interference with enjoyment of nearby Lots and of enforcing an
i~provement use and occupancy of the land in a pleasing but not
MASTER DECLARATION - 32
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necessarily uniform combination of permanent residences arid
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 "committee") to perforltl 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 (J) members.
Declarant shall have the right to appoint the members of the
committee for five (5) years from the date this Master
Declaration 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 termination 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
ll.~, the decision ot 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 O~ners of any Town Horne Lot or' Single-family
residential Lot subject to LMC architectural control shall first
obtain approval from the LMC prior to submission to the
Conuuittee. The Committee sl::lall 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 tully
comply with Ludlow Bay Village Design Standards.
MASTER DECLARATION - 33
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11.3.2 Kaintenance And Repair. The Committee shal~
have the power and authority to provide for proper ~aintenance
and repair of all properties within Ludlow Bay Village as
specified in Article 10 of this Master Declaration.
Section 11.." Appeal. Any Owner agqrieved by a decision of
the Committee may appeal the aecision to the Master Association
Board in accordance with established procedures of the Master
Association Board, which shall be available to all Mem.bersat 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.ti~e
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 standards. 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
mini~um standards for the' design, height, square footage,
location, style, structure, color, mode of architecture, mode of
landscaping, maintenance and other relevant criteria associated
~ith 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 Ow~er thereof and
his successors and assigns agree to be bound by all provisions of
Ludlow Bay Village Design Standards, as Jtlay 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 ViOlation ot Approved Plans Of The Commi ttee.
If the Conuuittee 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
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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...'le
property in question, which cost shall be due within ten (lO)
business days after receipt of written demand therefor. In
addition, in the event of noncompliance, the Declarant or the
Kaster 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 Non-Liability For -Approval of Plans Or
Directions Reg'arding' Mainten.ance And Repair. Committee 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 COm.r:\ittee, the mer:l.bers
thereof, the Master Association, the Master Association Board,
nor Declarant assumes any liability or responsibility therefor,
or tor 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
(c) 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 (5) during reasonable business
hours.
Section 12.:2 Cont:racts With others For Performance ot The
Associations I Duties. Subj act to the restrictions and
limit.ations contained herein, the Associations may enter' into
contracts and transactions with others, including Declarant and
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its atfiliatec1 companies, ami 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 em.ployed 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 13
INSURANCE
section 13.1 Insurance on COll1.lllon Areas. The Master
Association shall maintain insurance covering all insurable
improvements located or constructed upon the Common Areas. The
Master 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 imorovements located or constructed on the Common Areas
with a ItRepiacement Cost Endorsement. 11 Such insurance shall
afford protection against loss or damage by fire and other perils
normally covered by the standard extended coverage endorse~ent
and such other risks customarily covered with respect to projects
similar in construction, location and use, including all perils
normally covered by the standard all risk endorsement, where such
is available.
13 ~ 1.2 A comprehensive policy of public liability
insurance covering all Common Areas in an amount not less than
One Million Dollars ($11000,000.00) covering bodily injury,
including death to persons, personal injuryl 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 to, or 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,
then the Master Association shall present to the Members a notice
of Special Assessment for approval by the Membership in
accordance with Article 7 hereof. If such special Assessment is
not approved, the insurance proceeds ~ay, after first being used
to clean and landscape damaged areas, be applied in accordance
with the direction of the Master Association Board.
MASTER DECLARATION - 36
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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. Each Owner 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 ~olicy of property insurance covering all
insurable improvements located on the Owner's properties with a
"Replacement cost Encorse: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 ....i th respect to proj ects
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's properties due to f ire or other
adversity or disaster, the insurance proceeds shall be paid by
the Owner for such reconstruction and repair, unless otherwise
specifically p:::ovided by the Master Association Board in writing_
The Master Association shall be listed on all property insurance
policies as an, "additional insured II 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 th~ Owner of
properties within Ludlow Bay village.
13.:Z.3 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 p~operty 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 b7en
named as an additional insured as required herein, together w~th
a' copy of the actual insurance policy.
t
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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 prope~ties ~ithin Ludlow Bay Village, as
reasonably necessary, to enable the Associations to perfo~ the
duties and functions ~hich they are obligated or permitted to
perform pursuant to this Master Declaration.
Section 14.2
Future Utility Easements.
14.2.1 For a period of twentY-five (25) years from the
date this Master Declaration is recorded, and notwithstanding
anything to the contrary herein, Declarant reserves the right to
grant additional easettlents, 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), for purposes including, but not limited to,
installation, ma intenance, repair, replacement and improvet:lent of
any utilities" such as electric, water, sewer, .gas, telephone,
tiber 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 for Declarant's right to grant easements, the
Master Association shall have the right to grant easements,
licenses and permits upon, across, over and under any portion of
theCo1l\.l"'3on Areas for installation, maintenance and repair of
utilities and drainag~; provided said easements, licenses and
permits shall be (1) consistent with the intended use of
properties within Ludlo~ Bay Village; (2) reasonably necessary 01.'
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 severar 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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Section 14.4 Rigbts of Declarant Xucident To Construction.
An easement is reserved by and granted to Declarant, its
successors and ass igns, 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.
Section 1.4.5 Easements Deemed Created. All conveyances of
properties within Ludlow Bay Village hereafter made, whether by
the Oeclarant or other-....ise I shall be construed to grant and
reserve the ease:>lents contained in ~aster Declaration, even
though no specific reference to such easements appears in the
instrument of such conveyance.
ARTICLE l.S
CONDEMNATION
section lS.l Actions And J.,wards. In the event proceedings
are initiated by any governmental entity seeking to take eminent
domain of the Common Areas, or any part thereof, or any interest
therein, with a value as reasonably deternlined by the Master
~ssociation Board in excess of $10,000, then the Master
.l\ssociation sh.all give prompt notice thereof to al.l Members. ,The
Master Association shall have full power and authority to defend
said proceedinqs, and to represent the Owners in any
negotiations, settlements and agreements with a condeMning.
authority for acquisition of the Common Areas, or any part
thereof, but ~he Master Association shall not enter into any such
proceedings, settlements or agreements pursuant to which all or
any portion or interest in the Conunon 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, 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 Ml, 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, for 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 proj ect over th.e 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 Ose Restrictions. The PUblic
Access Tracts shall be available to the general public for
passive recreational use, such as walking, bird watching, 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 liNited 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
signage.
A.~'l'ICLE 17
. LUDLOW' HAINTENANCE COM.'USSION
section 17.1 ~ovn Home and Single-Family Lots Subject TO
Membership In Ludlow Maintenance Commission. Upon conveyance from
Pope Resources, the Owner(s) of each Town Home Lot and Single-
Family Lot within Ludlow Bay Village shall be a member of the
LudloW' Maintenance commission (hereafter referred to as "the
UfCH), a non-profit corporation formed under the laws of the.
State of Washington, and shall be subject to the Articles and
Bylaws 1 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~C assessments.
Section 17.2 Assessm.ents and Liens. The ~C is empowered
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 LMC in the sa~e
form and manner of procedure as the foreclosure of real property
'C\ortgage 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 saNe
is first sold by deed or real estate contract from pope
Resources, its successors and assiqns, to a grantee or contract
MASTER DECLARATION - 40
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purchaser. Assessonents shall be assessed and collected. on a faIr
and. uniforll1 basis as among lots subject thereto. Subject only to
such reasonable differential as May be established. by the By-Laws
of the LMC between improved lots and unimproved lots.
Section 17.3 Architectural Review. Upon conveyance from
Pope Resources, the Owners of each ToW'll Home Lot and Single-
Fa:aily Lot within Ludlo(,.f Say Village shall be subject to L"!:C
architectural cont=ol as provided in Article 11 t.erein.
;....t;t'1'I eLl.: 1. 8
'.t'ER.."l i A.lolENDM.EN'r 5 i '1'ER.~:INJ\ ortON
section 18.1 Term; Method Of Termination. This Master
Declaration shall be effective upon the date of recordation
hereof and, as amended fron time-to-time, shall continue in full
force and effect for a te~ of twenty-five (25) years from the
date of recording this Master Declaration. Fro~ 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 affir>>lative vote to terillinate this Master Declaration
by a vote of the (1) Master Association Board members casting
eighty pe=cent '(80%) of the vctes of the Master ~ssociation Soard
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 1\ssociation Board shall record a Certificate
of Termination in Jefferson County. Thereupon this Master
Declaration s~all have no further force and effect.
section 18.2 Amendcents. 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 morel 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 18 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 of Amendment If Requested By
Governmental Aqeucies Or Lendinq Institutions. Notwithstandin9
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 '",ith such language as may be requested by any
governmental e~tity or agency or lending institution as a
precondition 0: ~aking any loan. Any such amendment shall be
perfected by t::e Declarant' ~ recording of a Certificate of
AMendment, duly signed by an auth9rized signatory of Declarant,
and each Owner tereby grants his irrevocable power of attorney to
Declarant for 't:he purposes set forth herein, specifica.lly,
Oeclarant shal!. 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.
ARTICLE 1.9
MISCELLANEOUS
Section 19.1 Interpretation Of The Co~enants. Except for
judicial const:--.J.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 f s construction - or
interpretation of .the provisions hereof shall be final,
conclusive and binding as to all persons- and property benefitted
or pound by this Master Declaration.
Section ,1.9.2 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!~=ceability of any of the other provisions hereof ~
Section 19.3 Rule ~gainst 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 frou;!,
the date when ~he period of perpetuities starts to run on th~
challenged interest.
Section 19.. 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, all
terms and conditions of this Master Declaration shall run with
the land and shall be binding on all persons Claiming any
interest therein, their heirs, executors, administrators,
successors and assigns.
MASTER DEC~.TION - 42
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"
:IN WITNESS WlIEREOF t 1'Ol'E RESOURCES, A DELAWARE LIMITE!)
PARTNERSHIP, has hereunto caused its authorized officials to
execute this Mastel': Declaration as of the day and year first
above-writte:'l.
1'01'2 RESOURCES, A DELAWARE
LI~ITED PARTNERSHIP, Declarant,
by Pope MGP Inc.,a Delaware
corporation, its General Partner
.... ,
~I ~
By: ..J. Fl. .
George H. Falquet,
its presidertt and Chief
Executive Officer
STATE OF WASHINGTON )
) ss.
county of K:~sa? )
On this ~5J:hday of Mo...v , 1994, before me, the undersigned,
a Notary ?ublic in and tor the State of Washington, duly
co~issioned and sworn, personally appeared George H. Folquet, to
me known to be the President and Chief Executive Officer of Pope
MGP, Inc., a Delaware corporation I which is known to me to be the '
General Partner of Pope Resources, A Delaware Limited
Partnership, the partnership that executed the foregoinq
instrument, and acknowledged the said instrument to be the free
and volunta~ 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 aff ixed the day and
year first above written.
@mm.l"/ e. @/Y?.rI o},L't...arL.I
NOTARY WBLIC ih and for the
state o~ Washington, residing
at (!j)mT. r--1(':/.J.Jrl..QI md.. <
My cOllUTlis~ion expires: ~ 14.!Q5.
, . ,
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MASTER DECLARATION - 43
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"EXHIBIT Art
That portion of Government LotS 1 and 2, Section 16. all in TO\lt"D.Ship 28 North, Range 1
East, WM. in Jefferson County. Washington, tying Easterly llnd Southerly of County road
right-of-way;
TOGETHER WITI-I those por.ions at tidelands of the second class as conveyed by the State
of \Vashlngton and tidelands of the second class as lying in fronc of, adjacent to, and
abutting thereon, lying Easterly of a tine e.'(tending due South from U.S. Department of
Commerce Environmental Scie:t.ce Se['\t1ces Administration Coast and Geodetic Survey tidal
bench mark No, 7 (1952) to t.1C outer limits of said tidelands conveyed by deed filed in
Volume 40, page 307-313 or the line or ordinary high water whichever lies further towards
the center of Port Ludlow Bay;
EXCEPT .that ponion lying ~orth of the Southerly line of that certain tract of land
conveyed to the "LMC" by deed recorded in Volume 48 of official records, pages 498
through SOl, inclusive, and under Auditor's File No. 221959;
ALSO EXCEPT County road right-oc-way as conveyed by Auditor's File No. 333256;
..u.sO EXCEPT Pon Ludlow Condominiums No. I, as per instrument recorded in Volume
1 of Condominiums) pages 15 through 22, records of Jefferson County, Washington; ..
ALSO EXCEPT that ponion of Government Lot 2, Section 16, described as foUow;s:
Beginning at a point on the Southerly margin of Pon Ludlow-Chimacum County Road
distant South 01001' 04" East, 944.68 feet from the Northwesterly corner of said Section 16;
thence along tbe Southerly margin of the Port Ludlow-Chimacum County Road North 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" EasE, 201.15 feet to the Northwesterly
comer of the tract herein described and the True Point of BegiI1n.U?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 Govemm~ot Lot 2 in Section 16, Township 28 North,
Range 1 East, WM, Jefferson County, Washington, lying Southerly of Oak Bay Road, c;s
conveyed to Jefferson County by deeds recorded under Auditor's File No. 198906 and 1.0.
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 Condominiums, pa~e
15, records of Jefferson County Auditor; and Westerly of a tract of land conveyed to [OUIS
E. Scott etux by deed dated September 17, 1991; and recorded September 20, 199i, under
Auditor's File No. 343770, records of Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
VaL 507 p~:;f235
1;.. (Y2r ITEM
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AFTER RECORDING
RETURN TO:
.
POPE RESOURCES
781 WALKER WAY'
PORT LUDLOW, WA
98365
3811.39
. "ECOMOEO Ii
vOL._PAGE
OF OFFICIAt P.fC~Os""7
REQ~:ST OF
I99S APR 27 AX U: 3'
~ (fOWiA H. !lOiHOG,
Jc.FHR $ON COUNT\' AUD1"'O~
AKENDHEHT TO I
KASTER DECLARA~ION OF COVENANTS, CO~ITIONS, RESTRICTIONS
ASSESSMENTS, Cl'iAltGES I, LIENS, RESERVA'l"r01U5 .ram BMBHSlt:l'sY lOR
LUDLOW BAY VILLAGE
THIS AKENDKEN'I' '1'0 TRE MASTER DECLARATION' OF COVENANTS,
CONDITIONS, RESTRICTIONS, ASSESSMENTS, CHARGES, LIENS, RESERVATIONS
AND EASEHEN"l'S :rOR LUDLOW BAY VILLAGE (referred to as the "Master
Declaration" when referring to the original, and the nMaster
Declaration Amendment" whe!?referring to this instrument) is made
and entered into this as: 'day of A~'l..:1 , 1995, by POPE
RESOURCES, a Delaware Limited Partnersnip (hereafter referred to as
"DeClarant").
1. PURPOSE. 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 AUditor's File No.
372695. The purpose of this Master Declaration Amendment is to
supersede those provisions of the Master 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 Lud~ow Bay. Except, however, as expressly modified herein, the
Master Declaration shall remain and continue in full force and
effect.
2 . AMENDMENT Ol!' MASTER DECLARATION.
modify and supersede' their corresponding
Declaration:
C;~
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The following Sections -J:'" ~
Sections in the Master G ~;: ~
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No animal, bird, fo,,",l, poultry, or livestock, other than v;W i=
recognized house or yard pets ("PetslI) t 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 village. No Pets
shall be permitted on any property within Ludlow Bay Village, other
A.
Section 4.2
Animals.
AMENDMENT TO KASTER DECIJUlA'X'ION - l
fG ITEM
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than the Owner I s IAt, unless controlled on a leash or similar
device. Upon the vritten request of any Member, the Kaster
Association ,Board shall conclusively determine, in its sole anq
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 ~hether 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 ..13 Restrictions On Residential Rental.
4.1.3.1 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 entire
Dwelling Unit may be let to a single family tenant from time-to~
time by the Owner on a long term rental basis without 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 ot the Master Declaration,. Master
Declaration Amendment and other Governir.g Documents; (2) that any
fai,lure 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 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 the Governing
Documents. Nei ther the Town Horne Association Board, nor its
Managing Agent, if applicable, shall be liable to th~.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.
.. .13.2- Short Term, p..~!'t;""l ~ The following shall
apply to short term rental, which shall be defined as renta~ on a
daily, weekly, monthly or other periodic period less than.s~x (~)
consecutive months to the same tenant(s). The entire DwellJ.ng UnJ.t
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 .MASTER DECLARA'l'ION - 2
LOG \TE~
#_ICfY.
Page ~5- 01_
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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 (1) they ar~ subject to
each and every requirement, covenant, condition and restriction of
the Master Declaration, Master Declaration 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. !ven if
any rental agreement entered into 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.
4418.1 Authorized Parking. Vehicles of all Lot
Owners, Residents, Occupants, Tenants and their guests 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 parklnq within parking areas deslqQa~eq
for the Inn (unless prior authorization is Obtained from the Inn).
Any unauthorized vehicles parking on-street within Ludlow Bay
Villa<Je 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 DECLARATION - 3
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o. section 10.2 Maintenance aesponsibi11ties ot the Town
Some 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) ,
improvements. and landscaping located on town home Lots, Which
maintenance shall be limited to (1) painting; (2) . roof repair and
replacement; (3) gutters and downspouts i (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,
fireplaces and chimneys, plUmbing, exterior and interior qlass,
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
1.0.2.3 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. ADDI~XONAL PROVISIONS TO KASTER DECLARATION.
Notwithstanding anything to the contrary in the Master
Declaration, the following provisions shall apply within Ludlow Bay
Village,:
A. Exclusive Easement.. over A portion. of Tract C For Inn
Purposes. Declarant hereby grants, conveys and quit claims to
Ludlow Associates, a partnership, and its successors and a:;signs,
for the benp-fit. of r,\ldlow Associates, Inn guests and invitees, an
exclusive easement over a portion of Tract C as shown on "the map
attached hereto as Exhibit B (hereafter the lIeasement propertylt),
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 Associa'tes, its successors and assigns, shall be
responsible for all maintenance, upkeep and repair of the easeme~t
property. . Lot O~er (s), Res idents , Occupants, Tenants t ~hel.r
guests or invitees, nor the general public, shall not be perm~tted
access onto the easement property, unless otherwise permitted by
LUdlow Associates, its successors or assigns.
AMENDMENT TO KAS~ER DECLARATION - 4
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1:)1 W:tTNESS WDUOF, POPE REsotmCES , A DBLA1fARJ!l. LIMITED
PARTNERSHIP" has hereunto caused its .authorized officials to
execute this Master Declaration as of the day and year first above-
written.
POPE RESOURCES, A DELAWARE
L:tH:t'1'ED PARTNERSHIP, Dec1arant.,
by Pope MGP Inc~,a Delaware
:~~tG~a::ner
, GRE~OR M. CCA,RRY' . (\ .
;Its V1ce P~esident, Develop~t
., '
STATE OF WASHINGTON )
)ss.
County of Kitsap' )
On this a:!e,i<aay of Mtf..tf..-" 1995, before me, the undersigned,
, a Notary Public in and for the state of washington, duly
~ ~ commissioned and ,sworn, person~lly appeared GeQ~~~ H. F91~.c, to ~~e~
)'1\)tH\ jEiE ~iOWh Lv be the>'PJ:'e:~idefltt anlit chiaf EUl!e~\ I OfU.Ef.car of Pope (ltcCA-tf.
;14(1'\~GP, Inc., a Delaware corporation, which is known to ~e to be ~he
Gener~l Partner of Pope Resources, A Delaware Limited'Partnersh~p,
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
llJentioned, 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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NOTARY PUBLIC in and for the
State 'of Was~ington, residing
at Kl.vc; oS TON .
My commission expires:,;2'.,,'l1.9(P.
AHEHDHEN'r TO KASTER DECLARATION
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BEFORB THE BEARING BDKINBR FOR JEFFERSON Comrry
Irv Berteig, Hearing Examiner
RB: Application by Port Ludlow
Associates for a Shoreline
Substantial Development Permit
Binding Site Plan/Condominium
Subdivision
File No. SUBOS-00004/SDP05-00002
)
)
and)
)
)
)
)
)
)
BACltGROUND INPORMATION
FINDINGS, CONCLUSIONS,
"Ludlow Cove Division 2"
AND DBCISIOH
"Ludlow Cove" was heard and approved in 2002, and included the
Long Subdivision, Variance, Conditional Use, and 'Primary' Shoreline
Substantial Development permit. A key factor in 2002 was that the
applications were "substantially complete" on January 19, 1995.
The current application was contemplated in the conditional use
portion of the 2002 decision, and the expiration date of the
Conditional Use Permit was noted as three years after the effective
date of the 2002 decision.
PROCEDURAL INFORMATION
Site Visit:
August 16, 2005.
Open Record Bearing Date: August 16, 2005.
The hearing was opened at 1:30 p.m. in the Superior Courtroom. After
the procedures were explained, testimony was accepted. All testimony
was taken under oath. A verbatim recording of the hearing was made
and the recording is maintained in the Jefferson Permit Center file.
Participants:
Faith Lumsden, Consultant to DCD
Michelle Farfan, DCD
Mark Dorsey, P.E., Project Manager, PLA
Wayne Helm, Architect, 9805 willows Road, Redmond, WA 98052
Port Ludlow Associates
SUB05-OOO04 & SDP04-QOO02
Page 1
"Ludlow Cove 2"
Findings, Conclusions
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1 Donald E. Marcy, Cairncross & Hemplemann, P.S., representing Trendwest
2 Resorts, Inc., 524 Second Ave, Ste 500, Seattle, WA 98104-2323
3 Bruce Schmitz, 717 Rainier Lane, Port Ludlow, WA 98365
4 Elizabeth Van Zonneveld, PO Box 65477, Port Ludlow, WA 98365
5 John Golden, 101 Edgewood Drive, Port Ludlow, WA 98365
6 Barbara Tipton, 23 Clear View Lane, Port Ludlow, WA 98365
7 Lewis Hale, 28 Heron Road, Port Ludlow, WA 98365
8 Paul Mosely, 101 Fleet Dr, Port Ludlow, WA 98365
9 Larry Nobles, 81 Harms Lane, Port Ludlow, WA 98365
10 Barry Baker, PLDD, 701 Dexter Ave N, Seattle, WA 98109
11 Kevin Ryan, 124 S. Bay Ln , Port Ludlow, WA 98365
12 Les Powers, 3502 Tieton Dr, Yakima, WA 98902 [via special email]
13 Other parties present hut did Dot testify:
14 Greg McCarry, PLA, 70 Breaker Lane, Port Ludlow, WA 98365
15 Lisa Berntsen, Geo Engineers, 1550 Woodridge Dr SE,
16 Port Orchard, WA 98366
17 Mike Derring, 100A Fairwayn, Port Ludlow, WA 98365
18 Bill & Beverly Browne, 113 Outlook Lane, Port Ludlow, WA 98365
19 Lyn Keem, CTRG, 9805 willows Rd, Redmond, WA 98052
20 Wendell Johnson, Reid Middleton, 728 134th St SW, Ste 200,
21 Everett, WA 98204
22 Dwayne Wilcox, 271 Montgomery, Port Ludlow, WA 98365
23 Richard Rozzell, 41 Windrose Dr, Port Ludlow, WA 98365
24 Diane Sineland, 70 Breaker Lane, Port Ludlow, WA 98365
25 Jeff? 70 Breaker Lane, PO Box 65041 , Port Ludlow, WA 98365
26 Richard P Regan, 61 Resolute Lane, Port Ludlow, WA 98365
27 Barbara Wagner-Jauregg, 171 Martin Gale PI, Port Ludlow, WA 98365
28 Margaret Carter, 103 Heritage Lane, Port Ludlow, WA 98365
29 Larry Lawson, 10140 Oak Bay Rd, Port Ludlow, WA 98365
Port Ludlow Associates
SUB05-00004 & SDP04-QOOO2
Page 2
"Ludlow Cove 2"
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1 F. Wickeham, 194 Crestview Dr , Port Ludlow, WA 98365
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2 Tom McCay, 40 Mariner PI , Port Ludlow, WA 98365
3 Geri Reinart, 1319 Dexter N, #183, Seattle WA 98109
4 Don Cooper, 221-S N. Bay Lane, , Port Ludlow, WA 98365
5 Don Clark, 20 Herren Rd , Port Ludlow, WA 98365
6 Sue Ryan, 124 s. Bay Lane , Port Ludlow, WA 98365
7 No other parties were present to testify.
8 The Hearing Bxaminer closed the public hearing at 5:15 p.m. and held
9 the record open to receive three documents with reserved Log Items for
10 Log 126 (Habitat), Log 127 (Landscape) and Log 128 (Archaeological).
11 The record was closed on August 19, 2005.
12 TABLE OF EXHIBITS:
13 LQG ITEM . , "0;. "'OOCtlME~T' .. ...,'1"::' "i, ',:: ~~T, DATE
1 Cases, Findings, Conditions, Permissions for Parcel 1/18/2005
14 Pre-Application Packet No date
1A
15 2 Email Re Fees between Lyn Keenan & Michelle Farfan 1/13/2005
16 3 Copy of fee payment and receipt 1/12/2005
4 Transmittal letter for applicants 1/13/2005
17 5 Master Land Use Application 1/13/2005
18 6 Title Report by First American Title 1/13/2005
7 Adjacent Property OWners (APO) list by title co 1/13/2005
19 8 Copy of ltr fr Larry Smith, Olympic Water & Sewer 1/13/2005
20 9 Traffic Impact Assessment by Geralyn Reinhart, P.E.
10 Environmental Checklist
21
11 Large site maps
22 12 Reduced copy of large site maps
23 13 JARPA application (SDP05-00002)
14 Environmental Health subdivision application
24 15 Variance application
25 16 Binding Site Plan (BSP) application
17 ESA maps 1/25/2005
26
18 Determination of Completeness 1/25/2005
27 19 Fax from Tom Aumock PT Fire Dept to Mark Nielson 1/28/2005
28 20 Certification of Mailing 2/1/2005
.- 21 Fax copy of Notice of Application, Posting 2/2/2005
29 22 Newspaper article from the Leader 2/9/2005
Port Ludlow Associates Page 3 Findings, Conclusions
SUB05-00004 & SDP04-QOOO2 "Ludlow Cove 2" and Decision
1 L!t
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LOG ITEM ,', ,::'",. ~ ;j:jUME~~;;,:H': /'"",,1::';:1:".,, 7;::,.,' DATE
.....
23 Comment from Jefferson Co Sheriff 2/11/2005
24 Email comment from Assessor 2/10/2005
25 Comment from Bruce Schmitz 2/15/2005
26 Comment from Bill &; Luanna Cooke 2/17/2005
27 Email between Les Powers &; Greg McCarry 2/21/2005
28 Email between Bert Loomis, MiChelle, Dwayne 2/24/2005
29 Etnail between Les Powers &; David Alvarez 2/24/2005
30 Email between Al Scalf &; Les Powers 2/24/2005
31 Comments from City of PT Long Range Planning 2/16/2005
32 Email between Greg McCarry, Bert Loomis, Les Powers 2/22/2005
33 Etnail between Greg McCarry, Bert Loomi s, Les Powers 2/22/2005
34 Email between Al Scalf, D. Alvarez &; Les Powers 2/24/2005
35 Fax comment from Fire District 3 3/1/2005
36 Email between Bert Loomis, Michelle, John Fischbach 3/2/2005
37 Etnail comments from Lewis Hale 3/2/2005
38 Etnail comments from Les Powers 3/2/2005
39 Etnail comments from John Fischbach to Bert Loomis 3/2/2005
40 Etnail comments from Les Powers 3/2/2005
41 Comment letter from DOE 3/2/2005
42 Comment letter from Port Ludlow Drainage District 3/2/2005
43 Comment letter from Port Ludlow Fire &; Rescue 3/2/2005
44 Comment Etnail from Gregory Hupp 3/4/2005
45 Comment Email from Harry Cloutier 3/4/2005
46 Comment Email from Nancy Hayden 3/4/2005
47 Comment Email from Brett &; Susan Oemichen 3/4/2005
48 Comments from DOE (original of Log 41) 3/4/2005
49 Comment letter from Doug Herring 3/7/2005
50 Comments from Dept of Public Works (Jim Pearson) 3/7/2005
51 Ltr to Mark Dorsey &; Lyn Keenan w/ Logs 23-49 3/7/2005
52 Comment ltr from South Bay Community Assoc 3/9/2005
53 Fax from Lyn K with Responses to comment letters 3/21/2005
54 Transmittal from Lyn K 3/22/2005
55 Original of responses to comment letters (Log 53) 3/22/2005
56 Email from Les Powers 3/28/2005
57 Peninsula Daily News Article 3/25/2005
58 hail between Les Powers and Michelle Farfan 3/30/2005
59 Email from Les Powers 3/29/2005
60 Email from Bert Loomis 4/1/2005
61 hail from Bert Loomis + exchange 4/3/2005
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Port Ludlow Associates
SUB05-00004 & SDP04-OOO02
Page 4
"Ludlow Cove 2"
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. LQG.JJEM " """'D()dOMENT)i,'iiW'I> . >[:" d'" ),') , . DATE
62 Email from A1 Scalf to Bert Loomis 4/5/2005
63 Email forwarded from Les Powers 4/6/2005
64 Email from Les Powers to Bert Loomis and others 4/27/2005
65 Port Ludlow Voice5/2/2005 5/2/2005
66 Revised Application - Environmental Checklist 5/9/2005
67 Revised Application - prel Binding Site Plan 5/9/2005
68 Revised Application Prel Binding Site Plan (LARGE) 5/9/2005
69 Jefferson County Environmental Health Subdivision 5/13/2005
Review Application transmittal
70 Letter from Lyn Keenan to Michelle Farfan 5/9/2005
71 Jefferson County Environmental Health Subdivision 5/9/2005
Review Application
72 Revised Binding Site Plan Application 5/9/2005
73 Revised Front page copy: Master Permit Application 5/9/2005
74 Property Description - copy 5/9/2005
75 Certification of Mailing 5/11/2005
76 Affidavit of Posting Public Notice 5/12/2005
77 Comment ltr from Ross Goodwin, DNR 5/17/2005
78 Affidavit of Posting Public Notice 6/1/2005
79 Email from Les Powers 6/2/2005
80 Comment from Marylee Pabst 6/1/2005
81 Email from Bruce Schmitz w/letter 6/10/2005
82 Email from Mal & Fran Jester 6/11/2005
83 Email of letter from Harry Cloutier 6/11/2005
84 Email from Mal Jester 6/12/2005
85 Email from Les Powers 6/13/2005
86 Subject correction email from Les Powers 6/13/2005
87 Email from Susan Kaysinger 6/13/2005
88 Letter from Elizabeth Van Zonneveld 6/13/2005
89 Fax Transmittal from Mark Dorsey of article 5/27/2005
90 Email from Lewis Hale 6/12/2005
91 Comment Ltr from Floyd Thoren 6/14/2005
92 Memo from Jim Pearson, Public Works to revised appl 6/15/2005
93 Copy document from a previous and different Received
application - not appropriate for this record 6/10/2005
94 Email from Les Powers to Al Scalf 6/17/2005
95 Email from Les Powers to Al Scalf 6/17/2005
96 Email from Lewis Hale - arguments regarding "multi- 6/22/2005
family. versus "transient accommodations.
97 Email from Lewis Hale 6/22/2005
98 Email from Lewis Hale 6/22/2005
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Port Ludlow Associates
SUB05-00004 & SDP04-00002
Page 5
"Ludlow Cove 2"
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[f:LOG ITEM "f,',',!!," ~,""fi""lff:'ff! "i",\,I',:,' ",<,', ."" '[1'(" PA.TE
, ," '"
99 Email from Les Powers - forwarded by Leslie Locke 6/27/2005
100 Email from Les Powers to Al Scalf 6/27/2005
101 Email from Les Powers to Al Scalf 6/27/2005
102 Email from Grant Smith to Al Scalf 6/27/2005
103 Comment letter from Port Ludlow Drainage District 6/30/2005
104 Comment letter from Bill & Beverly Browne 6/30/2005
105 Email comment from Larry Lawson 7/1/2005
106 Email from Les Powers 7/1/2005
107 Email from Gary & Sue Kaysinger 7/1/2005
108 Email from Bert Loomis 7/1/2005
109 Email confirmation sheet from Les Powers 7/2/2005
110 Email confirmation exchange - Les Powers & Al Scalf 7/5/2005
111 Certification of Mailing 7/20/2005
112 Affidavit of posting 7/20/2005
113 Affidavit of posting 7/20/2005
114 Staff Report & MONS 7/27/2005
115 Certification of Mailing Staff Report & MONS 7/26/2005
The following Log Items were presented at the beginning of the hearing:
116 Email Al Scalf response to Lewis Hale 8/4/2005
117 Email exchange - Al Scalf & Lewis Hale 8/5/2005
118 Einail from Lewis Hale 8/5/2005
119 Email transmittal of Comments from Les Powers 8/16/2005
120 Email response to Les Powers 8/15/2005
121 2002 SEPA Memo on original Ludlow Cove file 6/26/2002
122 2002 Final Modified MONS for Ludlow Cove 6/26/2005
123 2002 Shoreline Permit for Ludlow Cove 8/2/2002
124 Amended Final Report for Ludlow Cove 2 (in red) 8/15/2005
125 Email from Examiner re: Les Powers request 8/15/2005
The following Log Items were submitted during the open record hearing:
126 (reserved Log Item) Habitat Management Plan by Received
GeoEngineers dated May 9, 2003 8/19/2005
127 (reserved Log Item) Ludlow Cove Landscape Plan by Received
GeoEngineers dated July 24, 2003 8/19/2005
128 (J:'eserved Log Item) Ludlow Cove Archaeological Received
Resources and Traditional Cultural Places 8/19/2005
Assessment dated May 14, 2003
129 Letter from Donald Marcy, Attorney for Trendwest Dated
5/23/2005
130 Copy of visual presentation by wayne Helm, 8/16/2005
Architect including Aerial View, Site Plan, View
from South Across Inlet, and Color Board
2
3
4
5
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7
8
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LOG ITEM.
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132
133
. OOCOM~NT.
Memo from Geralyn Reinart, P.E., regarding traffic
issues raised by Bruce Schmitz Ltr Log #81
Reid Middleton response re stormwater management
GeoEngineers response re potential impacts to
Ludlow Creek, Port Ludlow Bay and salmon
Testimony by Bruce Schmitz
Statement by Elizabeth Van Zonneveld
Letter statement by Attorney Novelle Ballard
Testimony by Barbara Tipton
Testimony by Lewis Hale
petitions submitted by Paul Mosely
Wayne Helm reply to Larry Nobles
Annotated Staff Report by Barry Baker, PLDD
134
135
136
137
138
139
140
141
1.
The Ludlow Cove Division 2 proposal would develop a 120-unit
FINDINGS OF FACT
13
14
time-share multifamily residential project on 14.66 acres situated
within the Port Ludlow Master Planned Resort urban growth area in
15
16
Jefferson County. The proposed project would include six multifamily
time-share residential buildings, one reception/recreation building, a
17
private road system, recreational amenities such as a private swimming
18
19
a.
pool, barbeques, spas, and public and private trails.
The project will be served by public water and sewer
20
21
systems provided by Olympic Water and Sewer, Inc. A storm drainage
system for water quality mitigation will be constructed.
22
b.
23
A single access road serves the site off of Paradise Bay
24
c.
Road across from Breaker Lane.
Public access to the waterfront will be provided by a trail
25
across the property from Paradise Bay Road to the Picnic Point area,
26
27
d.
as required in the prior approval.
The wetland and stream areas, along with their associated
28
buffers, are located in a Native Growth Protection Easement.
29
The
Habitat Management Plan developed as part of the
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1 describes a Wetland Buffer Enhancement Plan that will be completed as
2 part of Division 2. Shoreline revegetation will also be done
3 according to a Landscape Plan required as part of the original
4 approval. No work is proposed below the ordinary high water mark of
5 Port Ludlow Bay.
6 2.
The current project would have created seven separate parcels,
7 and a variance proposal to reduce the width of the private access road
8 was included. Following review of the application, the Public Works
9 department concluded that the variance for road width was not
10 necessary. On May 9, 2005, the applicant revised the application to
11 eliminate the request for variance and to reduce the number of
12 proposed lots from seven to four. The revised site plan also deleted a
13 proposed trail along the waterfront because the location was found to
14 be infeasible due to the steep bank and muddy shoreline.
15 3.
The four lot proposal reflects a phasing plan for construction of
16 the seven buildings. The first phase will contain only the recreation
17 building (building 7)and four parking spaces. Phase 2 includes
18 buildings 1 and 2 and the associated parking. Phase 3 contains
19 buildings 3 and 4 and associated parking, and phase 4 contains the
20 last two buildings (5 and 6) and their parking.
21 4.
Legal Description: Parcel Number 968 800 102 Ludlow Cove
22 Division 1, Tract E in Section 17, Township 28, Range 01 East, WMi
23 Located on Paradise Bay Road, Port Ludlow, WA 98365.
24 5.
Ludlow Cove Division 2 is located between Paradise Bay Road and
25 Port Ludlow Bay, approximately 1000 feet south of the intersection of
26 Paradise Bay Road and Oak Bay Road. Access to the site is directly
27 across Paradise Bay Road from Breaker Lane, which also provides access
28 to the Village Commercial Center. Tract E comprises the parcels
29 formerly shown as Tracts A and B in the approved preliminary plat of
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1 Ludlow Cove. The property encompasses 14.66 acres, or approximately
2 638,590 square feet. The site is located on the north shore of Ludlow
3 Cove at the west end of Port Ludlow Bay. This area of Ludlow Cove has
4 commonly been called the "log dump" by Port Ludlow residents.
5 6.
The current project, Ludlow Cove Division 2, is the second phase
6 of the Ludlow Cove project approved August 2, 2002. The original
7 Ludlow Cove project included subdivision approval to create 24 single
8 family lots, variance approvals to reduce the widths of the private
9 access road easements, and a conditional use approval for future
10 multifamily development on parcels then designated as "Tracts A & B."
11 7.
The site is currently zoned for single family residential
12 development according to the MPR Code, ordinance #08-1004-99, but was
13 zoned G-1 for General Use when the original Ludlow Cove proposal was
14 submitted. Multifamily development required Conditional Use approval
15 under G-1 zoning. At the time of project vesting, the site was located
16 within the Port Ludlow Interim UGA and designated in the Comprehensive
17 Plan for multifamily development with a maximum density of 16 dwelling
18 units per acre. The site is designated Urban under the Jefferson
19 County Shoreline Master Program.
20 8.
Chronology Table: The following table lists pertinent events.
21
PATE
1/20/1994
8/1/1994
.' ... ..i.'i,.. ooq~ENTIE\I~t:4i'(f'}.,..
Ordinance #02-0110-94 Interim Urban Growth Area
Jefferson County Zoning Code Ord. #09-0801-94
.. ...
22
23
24
1/17/1995 Port Ludlow Interim Urban Growth Areas Ord. #01-0117-95
1/19/1995 The original Ludlow Cove project was submitted and found
as 'substantially complete'
10/2/1995 Ordinance # 17-1002-95 adopted removing Port Ludlow
Interim Growth Area Status and back to "rural" status
25
26
27
8/2/2002 Hearing Examiner decision on "Ludlow Cove" Long
Subdivision, Shoreline Permit and Conditional Use
(including Condition 65 applying to Tracts A and B) .
28
29
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1 9.
The subject property was zoned G-1 for General Use when the
2 original Ludlow Cove proposal was submitted in 1995. The rUGA
3 ordinance established a 'Multifamily' designation for the site with a
4 '16 unit per acre' density maximum.l
5 10.
The Department and Examiner determined that the property was
6 vested to the land use controls that were in effect on the date that
7 the "Ludlow Cove" applications were submitted in 1995.
8 11.
The project was approved by the Examiner on August 2, 2002 and
9 included Conditional Use approval for a multifamily project. A three
10 year time limit for submittal of plans and commencement of
11 environmental review for the multifamily project was established as
12 contained in Condition 65.2 The current project has met that timeline.
13 12.
A SEPA Mitigated Determination of Non-Significance was issued
14 July 27, 2005, with an appeal deadline of August 9, 2005. No appeal
15 to the SEPA MONS was filed.
16 13.
The record was held open to receive three reports that were
17 prepared to meet mitigating conditions of the 2002 Decision. Such
18 SEPA documents are to accompany subsequent decisions making, including
19 this application. The May 13, 2003 archaeological report is of
20
21
1 Ordinance #01-0117-95 1 9.10 and Attachment D thereto.
2 Condition 65 from the 2002 Decision is excerpted here:
The application was initially submitted in 1995 and is vested under the ordinances in
effect at the time of submittal. The Port Ludlow Master Planned Resort Code was
adopted effective October 4, 1999. At the time of application submittal, the
Jefferson County zoning Code was in effect. The Site Development Standards for Multi-
Family Residential of Section 7.40.1(a,b,c,d, and e) would apply under vesting.
The current provisions of the rJi1iform Development Code [UDC] for determining Maximum
Duration of the Conditional Use permit for Tracts A & B shall apply as follows:
(1) The applicant shall initiate the SEPA portion of Phased Review for Tracts A & B
within three (3) years of the effective date; and the applicant shall submit a
complete application for a building permit(s) for Tracts A & B within one (l)
additional year.
(2) The Maximum Duration shall not count the time devoted to the SEPA portion of
Phased Reviewl in accordance with UDC 8.10.5. Initiation of SEPA Review; Limitation
on Actions During Review.
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24
25
26
27
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1 particular interest because its findings apply to the subject Tract E
2 shoreline bluff. See in particular the investigator's findings for
3 Sites 45JE207 and 45JE208 and accompanying Figure 4.3
4 14. The Applicant testified that they were familiar with and
5 concurred with the Staff Recommended Conditions.
6
7
8 RBVIBW CRITBRIA
9 Applicable Codes.
10 The following Jefferson County codes and regulations apply:
11 a. Jefferson County Subdivision Ordinance #04-0526-92
12 b. Port Ludlow Interim Urban Growth Areas Ordinance #01-0117-95
13 c. Jefferson County Hearing Examiner ordinance #1-0318-91
14 d. Shoreline Management Master Program adopted March 7, 1989
15 e. State Environmental Policy Act Implementing Ordinance
16 f. Jefferson County Critical Areas ordinance #05-0509-94
17 g. Jefferson County Zoning Code #09-0801-94
18
19
20 CONCLUSIONS OF LAW
21 The following Conclusions of Law, which may contain additional
22 Findings of Fact, are organized by general issues:
23 Authority:
24 1.
The Hearing Examiner is duly appointed by the Jefferson County
25 Board of Commissioners to hear applications for Binding site
26 Plan/Condominium Subdivision and Shoreline Substantial Development
27 Permit.
28
29
3 Log Item 128 at page 18 and 20
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Matter before the Examiner:
This proposal before the Examiner is a request for a Binding Site
3 Plan/Condominium Subdivision and Shoreline Substantial Development
4 Permit to develop a 120-unit time-share multifamily residential
5 project on 14.66 acres situated within the Port Ludlow Master Planned
6 Resort urban growth area in Jefferson County, described in Finding 1.
7 Vesting Issue:
8 3.
State law provides that a project vests to the land use controls
9 that are in effect on the date a complete building permit or
10 preliminary plat application is submitted.4 There is a long line of
11 cases upholding the vesting doctrine in Washington State.'
12 Washington's vested rights doctrine vests rights to a land use
13 proposal under the regulations in effect at the time a completed
14 building permit application is filed, regardless of subsequent
15 changes in zoning or other land use regulations. Erickson <<
16 Assocs., Inc. v. McLerran, 123 Wn.2d 864, 867-68, 872 P.2d 1090
17
18
19
20
21
22
23
24
25
26
(1994). In 1987, the doctrine was codified in RCW 19.27.095 and
RCW 58.17.033. These provisions require that the application be
completed. They also extended the doctrine to applications for
land division. Noble Manor Co. v. Pierce County, 133 Wn.2d 269,
275, 943 P.2d 1378 (1997).
The purpose of vesting is to provide a measure of certainty to
developers, and to protect their expectations against fluctuating
land use policy. West Main Assocs. v. City of Bellevue, 106 Wn.2d
47, 50-51, 720 P.2d 782 (1986).
27
28
29
4 RCW 58.17.033 and RCW 36.70B.070 Both provisions provides that the local
government establishes the required content of applications and the
procedures.
5 Donwood, Inc. v. Spokane County, 90 Wn. App. 389, 957 P.2d 775 (1998).
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Vesting limits the use of later ordinances (regulations) for many
2 purposes, such as later definitions. For instance, the Port Ludlow
3
Master plan Resort Code and Development Agreement are prospective--not
4
retroactive.
5
NOTE: "2002 Decision- will be used to describe the Examiner's approval of the
original Ludlow Cove application where vesting was established.
6
7 4.
The statute uses the term 'complete application', however; most
8 jurisdictions have adopted the term 'substantially complete
9 application' to overcome a typical argument by applicants when
10 additional information is requested.6
11 5.
The Examiner determined in the 2002 Decision that the property
12 was vested to the land use controls in effect on January 19, 1995 to
13 allow consideration of the applications for two variances (later
14 withdrawn), and (ll a Long Subdivision, (2) a Substantial Development
15 Permit, and (3) a Conditional Use Permit for Tracts A and B. The three
16 remaining applications were approved on August 2, 2002. That approval
17 was not appealed, and now stands.
18 6.
The 2002 Decision noted that the 1995 application is only vested
19 to be considered under the vested ordinances. Once an action is taken
20 (ie, the consideration is accomplished), the vesting status is over.7
21 This becomes an issue for the Conditional Use Permit because if the
22 CUP expires without having been implemented, vesting status expires.
23
24
25
6 For instance, RCW 36.70B.070(2) states: ~A project permit application is
complete for purposes of this section when it meets the procedural submission
requirements of the local government and is sufficient for continued
processing even though additional information may be required or project
modifications may be undertaken subsequently. The determination of
completeness shall not preclude the local government from requesting
additional information or studies either at the time of the notice of
completeness or subsequently if new information is required or substantial
changes in the proposed action occur." [emphasis added]
7 Noble Manor v. Pierce County, 133 Wn.2d 269, 278, 943 P.2d 1378 (1997).
26
27
28
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1 7.
A three year time limit for submittal of plans and commencement
2 of environmental review for the multifamily project was established as
3 contained in the 2002 Decision as Condition 65. The current project
4 to date has met that timeline. The explanation in Conclusion 6 is
5 important because a denial of this application would mean that the
6 vesting expires. Also, if approved and the project is not implemented
7 the vesting would expire.
8 Zoning/Density Issue,
9 8.
As noted in Conclusions 3 and 4 above, the 1995 application was
10 vested to the land use controls in place in 1995. At the time of
11 vesting in 1995, the property was zoned G-1, which allowed multifamily
12 residential at a density of up to 16 dwelling units per acre with the
13 approval of a Conditional Use Permit.8
14 9.
The Port Ludlow Master Plan Resort Code and Development Agreement
15 must be read in their entirety. Both are prospective--whereas vesting
16 is to the time that a complete application is made. The Development
17 Agreement clearly states that it relates to future development.9 Note
18 Conclusion 3 above under vesting. See also Resolution #91-95 and
19 Ordinance #17-1002-95.
20 10.
Similar to Conclusions under Vesting Issue, the vesting and
21 zoning questions were settled under the 2002 Decision with the proviso
22 that such vesting is for the consideration of the 1995 application as
23 ultimately approved in 2002.10 If the CUP expires without having been
24 implemented, the vesting status also expires.
25
26
27
28
8 Ordinance #01-0117-95 S 9.10 and Attachment D thereto.
9 Development Agreement at S 1.3.7
10 Noble Manor v. pierce County, 133 Wn.2d 269, 278, 943 P.2d 1378 (1997).
29
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Time-Share - OWnership versus Use Issue:
2
The time-share issue as raised in this hearing has not been
3 raised in any other cases before this Examiner. The basic question
4 becomes whether a time-share as proposed by Trendwest is permitted as
5 a multifamily residential project or should be considered as a form of
6 hotel (commercial use). Is this time-share proposal a form of
7 ownership only or is it a form of land use?
8 T~e-Share ANALYSIS:
9 The Department properly began by citing definitions from the
10 applicable Zoning Code (Ordinance #09-0801-94). Those and other
11
definitions are excerpted below:
12
Ord. 9-94 J 3.10 (69) Multifamily Residential Development
"Multifamily Residential Development' means developments
containing structures housing two (2) or more residential
dwelling units. Multifamily residential developments are those
that are designed and intended for residential occupancy in
multifamily structures regardless of the type of building or
ownership in which such use occurs. Examples include, but are
not limited to: tow.nbouses, duplexes, multiplexes, condominiums,
apartment houses, boarding houses, and lodging houses. Accessory
dwelling units, i.e. mother-in-law and accessory apartments,
shall not be considered multi-family residences. [Emphasis added]
13
14
15
16
17
18
Ord. 9-94 J 3.10 (21) Commercial use, general.
General commercial use' means an activity that provides
merchandise or services for the consumption of the community at
large through retail and/or wholesale outlets, including but not
limited to retail shopping, business and professional services,
and transient accommodations. For example: bakeries, banks,
hardware stores, offices, restaurants, theaters, vehicle sales
and repairs, and veterinary hospitals.
19
20
21
22
23
Ord. 9-94 S 3.10 (94) Transient Accommodations.
"Transient accommodations" means a building or group of buildings
in which lodging or lodging and meals are provided for transient
guests for compensation. Transient accommodations include but are
not limited to cabins, resorts, hotels, motels, hostels, and
campgrounds. For the purposes of this Ordinance, transient shall
be defined as being not more than 30 consecutive days' duration.
24
25
26
27
Ord. 9-94 S 3.10 (54) Land Dse.
"Land use" means a description of how land is used or occupied.
28
29
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RCW 64.360010. Definitions. ["The Timeshare Act"]
2
As used in this chapter, the fOllowing terms have the meanings
indicated unless the context clearly requires otherwise.
(5) "Interval" means that period of time when a timeshare owner
is entitled to the possession and use of the timeshare unit.
(11) "Timeshare" means a right to occupy a unit or any of several
units during three or more separate time periods over a period of
at least three years, including renewal options, whether or not
coupled with an estate in land.
(14) "Timeshare owner" means a person who is an owner or co-owner
of a timeshare. If title to a timeshare is held in trust,
"timeshare owner" means the beneficiary of the trust.
(16) "unit" means the real or personal property, or portion
thereof, in which the timeshare exists and which is designated
for separate use.
3
4
5
6
7
8
9
10
11
RCW 64.34.020. Definitions. [~Condominium Act"]
12
In the declaration and bylaws, unless specifically provided otherwise
13
or the context requires otherwise, and in this chapter:
(9) "Condominium" means real property, portions of which are
designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of those
portions. Real property is not a condominium unless the undivided
interests in the common elements are vested in the unit owners,
and unless a declaration and a survey map and plans have been
recorded pursuant to this chapter.
14
15
16
17
18
Black's Law Dictionary, Abridged Fifth Edition, 1983:
"Time-sharing" Sharing ownership in a recreational or .resort
condominium according to time, for example one week per year
would be a 1/52 interest. Various plans are available.
19
20
21
22
Time-Share CONCLUSIONS:
23
11.
The first step in this type of analysis is to review the
24
definitions contained in the applicable ordinances.
25
a.
The definition of Umultifamily residential development" is
26
important because the structures are designed and intended for
27
residential occupancy. Note that the definition goes on to qualify
28
that such structures are residential regardless of ownership.
29
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b.
The definition of ftcommercial use" is clearly in contrast
2 to ftmultiple residential development".
3
c.
The definition of fttransient accommodations" appears to
4 confuse matters; however, there are qualifying features in the
5 definition. The operative terms are "lodging" and "lodging and meals"
6 that are provided. A dictionary definition of lodging is 'sleeping
7 accommodations'.ll
8
d.
The State Department of Ecology submitted a letter relating
9 to the question of residential use and timeshare ownership. It must
10 be noted that the Department of Ecology has no jurisdiction over local
11 code interpretation and that the DOE letter simply states that if the
12 use were to be considered a commercial use, a different permit process
13 would apply for shorelines.
14 12.
Si~ce the applicable Zoning Code did not define "time-share", the
15 next legal resource is the Time Share Act.!! The Time Share Act is
16 significant because it not only defines terms, but it enables and
17 regulates time share operations. Here, it is clear that 'timeshare'
18 refers to a right to occupy as unit, and 'timeshare owner' identifies
19 ownership. Turning next to Black's Law Dictionary, 'time-sharing' is
20 an ownership, and the example is expressed in a fractional interest.
21 13 .
The Staff Report contains other analyses that also leads to a
22 conclusion that the Trendwest time-share proposal does not change the
23 project from multifamily residential to hotel or other commercial use.
24 14.
The proposal remains as a multifamily residential development
25 that must be considered under the vested application--and not rejected
26 as a commercial use.
27
28
11 The American Heritage Dictionary of the English Language, Houghton Mifflin,
New College Edition, 1979
III Chapter 64.36 RCW
29
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Binding Site Plan/Condominium Subdivision Criteria:
The Staff Report (as contained in the Amended Final Report) 13
2 15.
3 contains an analysis of the proposal's compliance with applicable code
4 requirements. The Staff Recommended Conclusions #31 (Eldercare), #32-
5 #34 (Critical Area Standards: Ordinance 05-0509-94), #35-#37
6 (Multifamily site development standards: 7.40.1(a) to (e)), #38 (Open
7 space required by section 7.40.1(e)), #39 (shielding security
8 lighting, 7.40.1 (c) ),. and #40 (required parking spaces) are now
9 adopted as Examiner's Conclusions.
10 Shoreline Substantial Development Permit Criteria:
11 16.
Multifamily residential use is a primary use in the urban
12 environment for Jefferson County. The policies and performance
13 standards of Sections 4.105 Urban Shoreline Designation, 5.160
14 Residential, 5.190 Transportation, and 5.20 Utilities, apply to the
15 proposal. These sections were also applied to the original shoreline
16 permit for Ludlow Cove and resulted in a set of conditions that were
17 applied to the project. Those conditions related primarily to public
18 access, stormwater management, and compliance with the required
19 development standards under the Jefferson County Shoreline Master
20 Program.
21 17.
The Shoreline Master Program sets out a set of development
22 standards. The standards include but are not limited to requirements
23 for parking, landscaping, setbacks, height, preservation of natural
24 features, locations and limitations on fences and accessory
25 structures. The proposal as submitted meets these standards and they
26 will not be repeated as conditions of this approval. Similarly,
27 standards related to general erosion control and stormwater management
28
29
18 See Log Item 124
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1 will not be repeated. Instead, a condition will require any change in
2 the approved plans to be submitted to the Department for review to
3 ensure continuing compliance with applicable Shoreline and zoning code
4 standards.
5 18.
The Department of Ecology commented that the proposal site was
6 located on a shoreline of statewide significance. All areas of puget
7 Sound lying waterward from the line of extreme low tide are considered
8 shorelines of statewide significance. No part of this project,
9 however, will be waterward of the line of extreme low tide, below the
10 ordinary high water mark, or even within the shoreline setback, except
11 the shoreline revegetation required as part of the original approval
12 and shoreline permit.
13
14
DECISION
15
Based upon the testimony presented at the Public Hearing, a site visit
by the Examiner, the documents and exhibits admitted into the record,
and the above Findings of Fact and Conclusions of Law, it is hereby
the decision of the Hearing Examiner that the Shoreline Substantial
Development Permit and Binding Site Plan/Condominium Subdivision by
Port Ludlow Associates each be APPROVED, subject to the following
16
17
18
19
20
21
conditions:
HOTB: Code requirements are indicated as ICAO, SDP, and Su.s,
respectively. SBPA indicates a condi~ion based on authority of
the State BnviroDmental Policy Act as applied through the
Jefferson County implementing ordinance.
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Prior to per.mit Issuance or Any Clearing or Site Disturbance:
26 1.
Proposed roadways, access drives, parking areas, and trails shall
be designed to the standards of the Jefferson County Public Works
Department and the American Association of State Highway and
Transportation Officials (AASHTO). All necessary plans and
specifications shall be submitted to the Public Works Department
for review and approval. SUB
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SUBOS-QOO04 8. SDP04-00002
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The plans shall include a 5 feet wide pedestrian walkway along
the southerly side of the access road to the buildings. The
walkway shall be surfaced with all-weather materials. Plans shall
be submitted to the Public Works Department for review and
approval. SUB, SEPA
3.
The plans shall include two four feet wide bicycle lanes, which
may constitute paved and demarcated shoulders, along the main
entry drive. At the boulevard entrance, the two driving lanes
plus the bike lanes will be supplemented with sufficiently wide
shoulders or a mountable median area of grass-pave, grass-crete
or similar material to achieve a 20 foot section sufficient for
fire and emergency vehicle access. Lane width may be reduced to
10 feet in each direction, exclusive of the bicycle lanes. Plans
shall be submitted to the Public Works Department for review and
approval. SUB, SEPA
4.
The building permit plans shall include lighting specifications
and details to confirm that lighting fixtures are designed and
hooded to prevent the light source from being directly visible
from outside the boundaries of the property. The intensity or
brightness of all security lighting shall not adversely affect
the use of surrounding properties or adjacent rights-of-way.
Zoning Code, 7.40.1. (c).
5.
The applicant shall obtain a Road Approach Permit from the Public
Works Department for access onto Paradise Bay Road. SUB
Plans and construction activities shall conform to the
recommendations in the geotechnical report prepared by
GeoEngineers dated March 22, 1995, provided that a revised
geotechnical report conforming to the requirements of the lCAO
(ord. no. 05-0509-94) may be submitted in support of a request
for revisions to the recommendations. The Community Development
Department may approve a revision when equal or better protection
of critical areas will be obtained. ICAO
7.
Clearing limits for roads, water, sewer, and storm water
utilities, erosion control facilities and all site construction
shall be marked in the field and approved by the County. Critical
area buffers shall be marked with signs at intervals of one every
100 feet. The signs shall contain the following language:
"Critical area buffer. Do not remove or alter existing native
vegetation." ICAO
8.
A Stormwater Site Plan that includes a Large Parcel Erosion and
Sediment Control Plan and a Permanent Stormwater Quality Control
Port Ludlow Associates
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Plan and that conforms to the requirements of the Stormwater
Management Manual for the Puget Sound Basin and Public Works
Department standards shall be submitted and approved. Minimum
Requirements #1 - 11 from the Stormwater Management Manual shall
apply. SEPA
A Fire District Impact Fee shall be payable at a rate of $193.00
per unit for each building permit at the time of issuance. SUB,
SEPA
All fees for permits to be issued and other work performed
associated with the permits shall be paid. SUB, SEPA
9 During Construction:
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As described in the Habitat Management Plan developed for the
Ludlow Cove project and to limit ongoing site disturbance with
the potential for erosion and water quality impacts, all site
work involving the use of heavy equipment for infrastructure
installation, logging, clearing, grubbing and grading shall be
completed in one phase. Following this phase, restoration and
stabilization shall be conducted, including the application of
mulch, hydroseed, stabilization of cut and fill areas,
construction of bioswales, and the planting of re-vegetated
areas. ICAO, SEPA
12.
A set of approved plans shall be on site at all times during
construction. SUB
13.
Temporary erosion control Best Management Practices shall be
implemented continuously in conformance with the approved plans.
ICAO
Seasonal construction limitation: Construction activity between
November 1 and April 1 shall require approval of a Temporary
Erosion and Sedimentation Control (TESC) Plan including Best
Management Practices and meeting the requirements of Jefferson
County and the 1994 Stormwater Management Manual for the Puget
Sound Basin. ICAO
The proponent shall arrange for all required inspections from the
applicable County department or other agency such as Olympic
Water and Sewer, Inc., the Fire District or Fire Department, or
the Health District. SUB
IF IT€M
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SUB05-OQ004 & SDP04-OOOO2
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Construction hours of operation shall be limited to 7:00 a.m. to
6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on
Saturdays. SEPA
To ensure archaeological resources are protected, a professional
archaeologist shall monitor any ground disturbing activities
within the buffer area for Site 45JE208, as staked and described
in the Archaeological Resource Assessment prepared for the
project. If archaeological resources are encountered during land
development activities, the following procedure shall apply.
a.
STOP WORK. Avoid further disturbance to the area or removal
of any materials.
b.
Notify the Jefferson County Director of Community
Development at 360-379-4450. The County will immediately
notify the State Office of Archaeology and Historic
Preservation (OAHP) at 206-753-5010.
c. Protect the area from vandals and collectors.
d.
Have a qualified archaeologist evaluate the site and make
recommendations for managing any further work in the area.
e.
Obtain a permit from OAHP if further excavation or
disturbance of the site is necessary. SEPA
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Prior To Oocupanoy Of Any Building:
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The project engineer shall certify to Jefferson County that
construction and all related land disturbing activities have
occurred in conformance with the recommendations of the March 22,
1995 geotechnical report or an updated report if approved by the
Community Development Department. ICAO
The proponent shall, after consultation with the Public Works
Department, trim the shrubs and brush along Paradise Bay Road at
the property's frontage, as needed to improve sight distance and
visibility from the access drive. Any trimming of shrubs and
brush within the Native Growth Protection Easement shall be
accomplished in a manner compliant with condition no. 28 below to
minimize impact on the NGPE. SUB, SEPA
The provisions of the Habitat Management Pian and Landscape Plan
required by and developed in accordance with the original Ludlow
Cove approval shall be completed. ICAO, SDP
Port Ludlow Associates
SUBOS-00004 & SDP04-OOO02
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A permanent physical separation between wetland and stream
buffers (or the Native Growth Protection Area) and the
developed portion of the site shall be installed.
a.
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A notice to title disclosing the presence of the wetland
and stream buffers and the Native Growth Protection Area
shall be recorded with the Auditor in a form approved by
the Prosecuting Attorney. rCAO
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Prior to Pinal Binding Site Plan/Pinal Plat Approval:
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The proponent shall comply with all processing timelines and
final binding site plan/final plat requirements as established by
the Public Works Department. SUB
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All fees for work performed prior to final approval shall be
paid. SUB
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All easements of record shall be graphically portrayed on the
final plat and shall include the Auditor's File Number (AFN).
Utility easements shall be made by a separate recorded easement,
or declaration or dedication of easement, and by graphic
portrayal on the final plat. SUB
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The pedestrian trail along the edge of the Native Growth
Protection Easement and accessing the waterfront at picnic Point
as shown on the approved plans shall include an easement ten feet
wide for public use. The final binding site plan/final plat
shall include the following language: "Trail to be part of the
Port Ludlow Trail System. The Port Ludlow Community shall have
the right to use the trail for pedestrian purposes. The Port
Ludlow Trails Committee, under the direction of the Port Ludlow
Village Council shall be responsible for maintenance of the
Trail. n SDP
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25. Infrastructure systems including the water and sewer system,
power and communication system, access drives, parking, and
pedestrian trails and bicycle improvements shall be installed in
accordance with the approved plans, and inspected and approved by
Olympic Water and Sewer, Inc., Jefferson County, Fire District #
3, the County Fire Marshal, or other applicable agency, as
required; PROVIDED that the applicant may enter into a surety
agreement with the Department of Public Works as an alternative
to complete installation of required road or driveway
improvements prior to final plat approval. The surety may not
exceed one year and must be in a form acceptable to the county
Prosecutor. All such sureties must include an est~~t~ rrE~e
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SUB05-00004 & SDP04-00002 "Ludlow Cove 2" p' UIlU
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cost of all improvements and the estimate must be approved by the
Department of Public Works prior to acceptance of the surety. No
overhead utilities shall be installed. SUB.
26. The project engineer shall certify to Jefferson County that
construction and all land disturbing activities have occurred in
conformance with the recommendations of the March 22, 1995
geotechnical report or an updated report if approved by the
Community Development Departments. SUB, I~O
27. The proponent shall enter into a Stormwater Management Facility
Maintenance Agreement with the County. The agreement shall be
signed and filed with the Jefferson County Auditor prior to final
plat approval. SUB, SEPA
28. The applicant shall enter into an agreement with Jefferson County
to reimburse the County for the full cost of designing and
constructing a pedestrian crosswalk, which may include a
pedestrian island, across Paradise Bay Road in the vicinity of
Ebbtide Court. SUB, SEPA
29. The proponent shall pay a School District Impact Fee in the
amount of $1748.40 ($437.10 per lot for to the Chimacum School
District. SUB, SEPA
30. The entry drive for the site shall be named and the name shall be
shown on the final plat. The proponent shall select the road
name in consultation with the Department of Public Works to avoid
duplication of existing road names. SUB
For the Life of the Project:
31. Trees shall not be removed from the Native Growth Protection
Easement area unless a professional arborist determines a
potential safely hazard exists. In the event a tree within the
NGPE needs to be removed for safely purposes, the tree shall be
cut no closer than 3-feet off the ground so as to keep the root
system intact. In order to ensure stability of the slope, native
vegetation (shrubs or trees) appropriate for slope stability
purposes should be planted to replace the tree that was removed.
32. Native vegetation in critical areas, buffers, throughout the
Native Growth Protection Area and along the shoreline shall be
maintained in compliance with the approved Habitat Management
Plan and Landscape Plan. ICAO, SDP
Port Ludlow Associates
SUB05-00004 & SDP04-00002
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a. Trees shall not be removed unless it is determined by a
professional arborist that a potential safety hazard
exists. In such a case, the tree shall be cut no closer
than three feet to the ground and the root system shall be
kept intact.
b. Maintenance work shall be done by hand or with minimal
mechanical apparatus.
33. Landscaping on the developed portion of the site shall be
maintained in compliance with the approved Landscape Plan. ICAO
34. Roads, utilities, structures, and other improvements shall comply
with the applicable policies and performance standards of the
Jefferson County Shoreline Management Master Program. SDP
3S. The project shall be built and maintained in compliance with the
approved plans. SUB, Zoning Ordinance
36. The recreation building, Building 7, shall be operated as an
accessory use to the residential complex. Commercial operation
of the facility shall not be allowed unless the binding site plan
approval is formally revised and land use, parking and all other
development standards applicable at such future time are met.
DATBD this 2= day of September 2005.
Irv~~
Jefferson County Bearing Bxaminer
ib
LO~yr. EM
# {CL
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Port Ludlow Associates
SUB05-00004 & SDP04-00002
Findings, Conclusions
and Decision
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