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Covenants
Below are
the Covenents, Conditions, & Restrictions for Marie's Vineyard.
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DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR THE
PLAT OF MARIE'S VINEYARD
This Declaration
is made this 29th day of March, 1999, by O'Neill & Sons, Inc.,
a Washington Corporation (hereinafter called the "Developer"),
and D. Edward Tennyson, a widower (hereinafter called Tennyson").
WHEREAS, Developer
is the owner of the real property described in Article II of this
Declaration, excepting that portion thereof owned by Tennyson which
is identified herein below, and Developer desires to create a residential
community on all of said real property, with permanent landscaped
entry areas and other residential amenities for the benefit of the
said community; and
WHEREAS, Tennyson
is the owner of that part of the real property described in Article
II hereof that is designated as Lot 1 on "The Plat of Marie's
Vineyard" and he joins herein pursuant to his commitment to
incorporate said property into the Plat of Marie's Vineyard and
to cause said property to be subject to the terms and conditions
hereof; and
WHEREAS, Developer
desires to provide for the preservation of the value and amenities
of said community and for the maintenance of said landscaped areas,
open spaces, and other common facilities, and, to this end, Developer
desires to subject the real property described in Article II (and
all additions that may hereafter be made thereto as provided in
Article II) to the covenants, restrictions, easements, charges,
and liens, hereinafter set forth, each and all of which is and are
for the benefit of said property and each owner thereof; and
WHEREAS, Developer
deems it desirable, for the efficient preservation of the value
and amenities in said community, to create a Washington nonprofit
corporation to be known as "Marie's Vineyard Homeowner's Association"
and to delegate and assign thereto the powers of maintaining and
administering the community properties and facilities, including
the administration and enforcement of these covenants and restrictions,
and the collection and disbursement of the assessments and charges
hereinafter created ,
NOW THEREFORE,
the Developer declares that the real property described in Article
II, and such additions thereto as may hereafter be made pursuant
to Article II hereof, is and shall be held, transferred, sold, conveyed,
and occupied subject to the covenants, restrictions, easements,
charges, and liens (sometime referred to as "covenants and
restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS
A. When used
in this Declaration or any Supplemental Declaration the following
words shall have the following meanings unless the context in
which used shall clearly indicate otherwise.
1. "Association"
shall mean and refer to Marie's Vineyard Homeowners Association
created pursuant to this Declaration.
2. "Board
of Directors" shall mean and refer to the governing body
of Marie's Vineyard Homeowner's Association, duly constituted
as provided in the Articles of Incorporation and Bylaws therefore.
3. "City"
shall mean the City of Olympia.
4. "Community
Areas" shall mean and refer to those areas of land shown
on the recorded Plat of Marie's Vineyard and any other recorded
subdivision plat of the properties, that are maintained by the
Association for the common use and enjoyment of the owners of
the properties. Community Areas shall include all landscaping
and entry way fencing along Fones Road and around the lighted
entry signs; all grassed and treed areas between the sidewalk
and Fones Road; the underground and surface irrigation system
in Community Areas; the lighted entry sign and the light and
meters therefore; Open Space Tracts B, G, E, and G; Open Space/Storm
water Tracts A, D, and H; all street and decorative trees within
the approved "Marie's Vineyard Tree Plan" (the "approved
tree plan"), excepting any and all decorative trees within
the boundaries of each residential lot which shall belong to
the respective owners of such lots; all mailboxes and mailbox
stands and enclosures within the boundaries of the plat; and,
all street lighting and storm water facilities within the plat
that have not been dedicated or transferred to the City.
5. "Lot
Owner" shall mean and refer to the record owner or owners
of the fee simple title to any residential (non-Community Area)
lot within the plat of the properties. That term shall not include
any person or entity holding only a security interest in any
lot of the plat unless and until such security interest holder
has acquired fee title pursuant to foreclosure or any proceeding
in lieu of foreclosure.
6. "Member"
shall mean and refer to all those Lot Owners who are members
of the Association as provided in Article VI hereof.
7. "Plat"
shall mean and refer to the recorded Plat of Marie's Vineyard
and any other recorded subdivision plat of the properties.
8. "Properties"
shall mean and refer to all real property described in Article
II hereof and any and all additions thereto as provided in Article
II hereof.
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ARTICLE
II
DESCRIPTION
OF REAL PROPERTY
A. EXISTING
PROPERTY. The real property which is, and shall be held, transferred,
sold, conveyed, and occupied subject to this Declaration is the
following described real property situated in Thurston County,
Washington, to-wit:
LOTS 1 TO
16 , INCLUSIVE, IN BLOCK 25; LOTS 1 TO 16, INCLUSIVE, IN BLOCK
26; AND, LOTS 1 TO 16, INCLUSIVE, IN BLOCK 27, OF SQUIRE'S ADDITION
TO THE CITY OF OL YMPIA, AS RECORDED IN VOLUME 3 OF PLATS, PAGE
93, RECORDS OF THURSTON, COUNTY, WASHINGTON; TOGETHER WITH THAT
PORTION OF VACATED STREETS AND ALLEYS WHICH ATTACH TO SAID LOTS
BY OPERATION OF LAW.
ALSO, THE
SOUTH 682 FEET OF THE WEST 321 FEET OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 18 NORTH, RANGE
1 WEST, W.M., AND THE NORTH 946 FEET OF THE WEST 321 FEET OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19.
ALSO, THE
WEST 100 FEET OF THE WEST ONE-HALF OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19,
TOWNSHIP 18, NORTH, RANGE 1 WEST, W.M.
ALSO, LOT
3 OF SHORT SUBDIVISION NO.5821 AS RECORDED JANUARY 6, 1998, UNDER
THURSTON COUNTY AUDITOR'S FILE NOS. 3128467 AND 3128468.
B. ADDITIONS
TO EXISTING PROPERTY. Additional lands may become subject to this
Declaration upon a lawful merger or consolidation of the Association
with another homeowner's association, whereby the Association's
properties, rights and obligations may, by operation of law, be
transferred to another surviving or consolidated association or,
alternatively, the properties, rights and obligations of another
association may, by operation of law, be added to the properties,
rights and obligations of the Association as a surviving corporation.
The surviving or consolidated association may administer the covenants
and restrictions established by this Declaration within the existing
property together with the covenants and restrictions established
upon any other properties as one scheme. No such merger or consolidations,
however, shall effect any revocations, change or addition to property
except as provided herein.
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ARTICLE
III
MAINTENANCE
OF COMMUNITY AREAS
A. RESPONSIBILITY.
Developer shall retain responsibility for improvement and maintenance
of all Community Areas within the pla1 seventy-five percent (75%)
of all residential lots within the plat provided, however, during
such time the Association shall devote percent (50%) of the assessments
levied pursuant to this Declaration to the costs of improving
and maintaining said Community Areas. When seventy-five all residential
lots within the plat have been sold, the responsibility for improvements
and maintenance of all Community Areas within automatically transferred
to and assumed by the Association.
B. MAINTENANCE
OF STORMWATER TRACTS. The Open Space/Storm water Tracts A, D and
H shall be maintained in accordance with the "Drainage Design
and Erosion Control Manual for Olympia" and any existing
storm water facility agreement between Developer and the City
which is on file with the City.
C. SANITARY
CONTROL AREAS FOR OFFSITE WELLS. Notwithstanding provision hereof
to the contrary, no sewer line or storm water infiltration shall
be installed or maintained within any of the 100-foot sanitary
control areas for off-site wells that infringe upon Lot 1 and
Open Space Tracts A, B and F (Olympia City Park).
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ARTICLE
IV
RESIDENTIAL
AREA COVENANTS
A. LAND USE
AND BUILDING TYPES. All lots other than designated Community Areas
shall be residential building sites. The only structures that
erected, altered, placed or permitted to remain on any building
site are a one detached single family dwelling not to exceed two
(2) stories in height, a private garage for no less than two (2)
cars and approved outbuildings incidental to residential use of
the premises. Notwithstanding the foregoing and any other provision
thereof to the contrary, the Developer and its assigns shall be
allowed to place a mobile jobs shack on a lot and move the same
from time to time until December 31, 2002.
B. ARCHITECTURAL
CONTROL. No building, fence, wall or other structure shall be
commenced, erected or maintained upon the properties, nor shall
any exterior addition thereto or alteration thereof be made until
the plans and specifications showing the nature, kind, shape,
height, materials, and location of the same have been submitted
to and approved by the Architectural Control Committee created
pursuant to this Declaration, respecting the harmony of external
design and location in relation to the surrounding structures
and topography. Construction of any structure shall conform to
the approved plans and specifications and shall also comply with
the general terms and conditions of this Declaration and all applicable
laws, ordinances, regulations and lawful orders of the City and
any other governmental entity having proper jurisdiction thereof.
In the event of inconsistent terms or conditions, the most restrictive
shall prevail. Notwithstanding the foregoing, if the Architectural
Control Committee determines that area limitations, weather conditions
or topographical restrictions preclude strict compliance with
certain restrictions or covenants in this Declaration, the Architectural
Control Committee is empowered to allow minor variations which
permit the reasonable utilization of such lot that is most consistent
with the restriction or covenant concerned and with the general
plan of development embodied in this Declaration.
C. BUILDING
LOCATION. No building shall be located nearer than five (5) feet
to an interior lot line. For the purposes of this covenant, eaves,
steps and open porches shall not be considered as a part of a
building; provided, however, that the foregoing shall not be construed
to permit any portion of a building on a lot to encroach upon
another lot. If City land use regulations require a greater set
back, the greater set back shall control.
D. EASEMENTS. Easements for installation and maintenance of utilities,
landscaping and drainage facilities are reserved as shown on the
plat. No structure, planting or other material that may damage
or interfere with the installation and operation of utility lines
or drainage facilities, shall be permitted on these easement areas.
Each Lot Owner shall maintain his or her lot subject to any such
easement in a condition that will permit operation and maintenance
of the utility lines or drainage facilities therein.
E. NUISANCES.
No noxious or offensive activity shall be permitted on any lot,
nor shall anything be done thereon which may be or become an annoyance
or nuisance to the neighborhood.
F. TEMPORARY
STRUCTURE. No outbuilding or structure of any kind shall be erected
on any lot before construction of a permanent residence. No temporary
trailer, tent, basement, garage, or outbuilding of any type shall
be used on any lot at any time as a residence for more than fourteen
(14) days and then only during a residence construction period.
G. CONSTRUCTION
PERIOD. Any dwelling or structure erected or placed on any lot
shall be completed as to external appearance, including finish
painting, within nine (9) months from the date the construction
thereof is started; provided, however, the Architectural Control
Committee may permit a longer construction period for reasons
of delay beyond the control of the Lot Owner.
H. SIGNS.
No sign of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one (1) square
foot and one temporary sign of not more than five (5) square feet
advertising the property for sale or rent. Political yard signs
of not more than five (5) square feet are allowed provided they
are promptly removed after the election concerned. No signs shall
be erected, temporarily or permanently, in any of the Community
Areas, except pursuant to the prior written consent of the Board
of Directors. Notwithstanding the foregoing, until December 31,
2002, the Developer and its assigns may display a reasonable amount
of flags, balloons and other advertising at the entrance of the
subdivision and on residential lots within the plat where residential
construction is underway or is imminent.
I. ANIMALS
AND POUL TRY. Dogs, cats and other small household pets may be
kept on any residential lot by the owner thereof, provided they
are not kept, bred, or maintained for any commercial purpose and
are not allowed to roam unattended. No other animals, livestock
or poultry of any kind shall be raised, bred or kept on any lot.
J. GARBAGE.
No lot shall be used or maintained as a dumping ground for rubbish
or trash. All garbage and other waste shall be kept in sanitary
containers out of view from the front or sides of the house except
during a maximum twenty-four (24) hour period on refuse collection
days for pickup by an authorized disposal service. All equipment
for the storage or disposal of waste material shall be maintained
in a clean and sanitary condition.
K. FENCES.
No fence or wall shall be erected on any lot nearer to any street
than the closest edge of the house on such lot. Fences must be
constructed of cedar or such other material as may be approved
by the Architectural Control Committee, and shall conform to any
applicable design standards of the City and those established
by the Architectural Control Committee.
L. CAMPERS.
TRAILERS. AND RECREATION VEHICLES. No boat, boat trailer, camper,
mobile home, recreational vehicle, travel trailer, or similar
vehicle or vessel, either with or without wheels, shall be kept
or stored on any lot unless prior written permission therefore
is granted by the Architectural Control Committee. Any such approved
storage shall be at least 20 feet from a front lot line and any
side street line, and the stored vessel or vehicle shall be adequately
screened or within a structure which has been approved by the
Architectural Control Committee.
M. ANTENNAS.
Exposed antennas and satellite dishes having a diameter of more
than two (2) feet are prohibited.
N. LANDSCAPING.
All lots shall be reasonably landscaped, including sod or seeded
lawn. Landscaping of front yard and Side Street yards shall be
completed prior to occupancy, and landscaping of back yards and
side yards shall be completed within one hundred twenty (120)
days of occupancy. Landscaping in the way of sod or seeded lawn
shall also include planter strip areas between the street and
sidewalk on all lots. Any street trees depicted on the approved
tree plan and situated within the boundaries of any lot, shall
be properly watered by the owner of such lot. The fertilizing
and pruning of such trees will be the responsibility of the Association.
O. BUILDING
MATERIALS. All homes constructed in the plat shall be built of
new materials, with the exception of "decor" items such
as used brick, weathered planking, and similar items. The Architectural
Control Committee will determine whether a used material is a
"decor" item. In making this determination, the Architectural
Committee will consider whether the material harmonizes with the
aesthetic character of the development and whether the material
would add to the attractive development of the property. All roofs
shall be cedar shake, cedar shingle, tile, or architectural-grade,
dimensional composition shingles at a minimum 250 Ib. per square.
Plywood siding or any exterior wood panels similar to 4' x 8'
plywood shall not be used as an exterior finish material of any
structure. The exterior of all construction on any lot shall be
designed, built, and maintained in such a manner as to blend in
with the natural surroundings and landscaping. Exterior colors
must be approved by the Architectural Control Committee. Exterior
trim, fences, doors, railings, decks, eaves, gutters, and the
exterior finish of garages and other accessory buildings shall
be designed, built, and maintained to be compatible with the exterior
of the structure they adjoin.
P. SQUARE
FOOT AGE. The minimum square footage for a one-story rambler shall
be 1,500 square feet not including garage, and for a two-story
structure shall be 1,600 square feet, not including garage, unless
otherwise approved by the Architectural Control Committee.
Q. TREE MAINTENANCE
AND REMOVAL. No tree in the approved tree plan, whether indigenous
or planted, shall be removed or cut down without the approval
of the City. The Association shall be responsible for pruning,
vine removal, and other care of the trees designated for preservation
in the approved tree plan. The Association shall maintain trees
planted in compliance with the approved tree plan to ensure their
survival and growth.
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ARTICLE
V
ARCHITECTURAL
CONTROL COMMITTEE
A. MEMBERSHIP.
The Architectural Control Committee (sometimes hereinafter referred
to as the "committee") shall be comprised of Daniel
C. O'Neill and Patricia Ingersoll until December 31, 2002. Said
members may designate a representative to act for them. An Architectural
Control Committee comprised of not less than two (2) nor more
than five (5) members shall be appointed by the Board of Directors
to serve after December 31,2002, for such terms as the Board of
Directors may establish.
The majority
of the committee may designate a representative to act for it.
In the event of the death or resignation of any member of the
committee the Board of Directors shall appoint a successor. No
member of the committee or its designated representative shall
be entitled to any compensation for services performed pursuant
to this covenant.
B. RESPONSIBILITY.
The Architectural Control Committee shall have the primary responsibility
of interpreting and enforcing the restrictions and covenants pertaining
to improvements of the lots in the plat, in accordance with the
standards and procedures herein set forth. The committee may adopt
reasonable rules of procedure and architectural control that are
consistent with its powers and responsibilities set forth herein
or as hereafter prescribed by the Board of Directors.
C. PROCEDURE.
The Architectural Control Committee's review and approval or disapproval
as required in these covenants shall be in writing, and shall
be absolute and enforceable in any court of competent jurisdiction.
The committee and its designated representative shall exercise
the discretionary powers herein granted to it in a reasonable,
prudent and timely manner. In the event the committee or its designated
representative fails to approve or disapprove plans and specifications
submitted to it, within thirty (30) days after the submission
thereof, approval will not be required and compliance with the
applicable covenant(s) shall be deemed to exist. Approval of plans
and specifications by the committee or its designated representative
shall not constitute any warranty or representation whatsoever
by the committee or the Association that such plans and specifications
were examined and approved for engineering or structural integrity
or sufficient compliance with applicable governmental laws and
ordinances or the applicable rules and regulations promulgated
thereunder. Likewise, such approval shall not constitute authorization
to proceed with any activity that may still require approval by
the City or that does not comply with applicable requirements
of the City or any other governmental entity.
D. LIABILITY.
The Association shall indemnify and hold harmless all members
of the Architectural Control Committee (including Developer, if
acting as the committee) and its designated representative(s)
from any actions taken or failure to act as provided in this Declaration.
By purchasing a lot in the plat, all Lot Owners agree that, to
the extent permitted by the law, neither Developer (nor any officer,
director, or representative of Developer), nor the Architectural
Control Committee (nor any member of the committee) shall have
any liability to a Lot Owner or to the Association for any actions
taken, or actions not taken, while acting as the committee under
this Declaration.
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ARTICLE
VI
ASSOCIATION
MEMBERSHIP AND VOTING RIGHTS
A. MEMBERSHIP.
Every Lot Owner shall be a member of the Association. Membership
shall be appurtenant to and may not be separated from ownership
of any residential lot in the plat.
B. VOTING
MEMBERS. The Association shall have one class of voting membership
comprised of all residential Lot Owners, other than Developer
and its assigns. Such members shall be entitled to one vote for
each lot owned. When more than one person holds an ownership interest
in any lot, all such persons shall be members and the vote for
such lot shall be cast as they determine; however, in no event
shall more than one vote be cast for each lot.
C. SUSPENSION
OF VOTING RIGHTS. The Association shall have the right to suspend
the voting rights of a Lot Owner for any period during which such
Lot Owner delinquent in the payment of any assessment imposed
pursuant to this Declaration. The Association shall also have
the right to suspend the voting rights of a Lot Owner for violation
of any other provision of this Declaration or any rule or regulation
adopted as provided herein.
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ARTICLE
VII
ASSESSMENTS
A. ASSESSMENT
COVENANT. Developer, for each lot owned by it within the properties
hereby covenants, and each Lot Owner, by acceptance of the conveyance
of a lot in the plat, whether or not it shall be so expressed
in the deed or other instrument of conveyance, shall be deemed
to covenant and agree to pay to the Association,' all annual assessments
and special assessments which are fixed, established, and collected
from time to time as provided herein. All annual and special assessments,
together with interest thereon and costs of collection thereof
as hereinafter provided, shall be the personal obligation of each
Lot Owner at the time when the assessment becomes due. All annual
and special assessments shall be fixed at a uniform rate for all
residential lots in the plat.
B. PURPOSE
OF ASSESSMENTS. The assessments levied by the Association shall
be used exclusively for the purpose of promoting the recreation,
safety and welfare of the residents in the properties and in particular
for the improvement and maintenance of properties, services and
facilities devoted to said purposes such as those related to the
use and enjoyment of Community Areas, including, but not limited
to, the payment of taxes and insurance thereon; for the costs
of labor, equipment and materials required for the repair and/or
replacement thereof or additions thereto; and for the management
and supervision thereof.
C. ANNUAL
ASSESSMENTS. The initial annual assessment shall be $120.00 per
year per lot for the period from January 1, 2000, through December
31, 2002. For periods commencing after December 31, 2002, annual
assessments may be increased or decreased from time-to-time by
the affirmative vote of two-thirds (2/3) of the members of the
Association entitled to vote, in person or by proxy, at any regular
meeting of the Association or any special meeting of the Association
called for such purposes; provided, however, that written notice
of every such meeting shall be sent to all members of the Association
entitled to vote not less than thirty (30) days nor more than
sixty (60) days prior to the meeting, and such notice shall state
that one of the purposes of the meeting is to consider a resolution
to change the amount of the annual assessments. Any change in
the amount of the annual assessments as provided hereinabove shall
be prospective only and shall exist for such period as may be
fixed by the resolution effecting the change; provided, however,
such period shall not be less than twelve (12) months nor more
than thirty-six (36) months and shall start on the first day of
a calendar month. The Board of Directors, at any regular meeting
thereof may decrease the amount of the annual assessment after
due consideration of the current maintenance costs and the future
needs of the Association. Notwithstanding any other provisions
of this Declaration to the contrary, the limitations and requirements
hereinabove shall not be applicable to any change in annual assessments
that is incidental to a merger or consolidation involving the
Association as authorized in Article II hereinabove.
D. SPECIAL
ASSESSMENTS. In addition to the annual assessments levied as provided
herein, the Association may levy a special assessment to be applicable
only in the year for which it is approved, for the purpose of
defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a described capital improvement
in a Community Area, including any necessary fixtures related
thereto and personal property required therefore; provided, however,
that such assessment shall have been approved by the affirmative
vote of two-thirds (2/3) of the members of the Association entitled
to vote in person or by proxy, at a special meeting of the Association
duly called for such purpose, pursuant to written notice of the
meeting sent to all members of the Association entitled to vote,
not less than thirty (30) days nor more than sixty (60) days prior
to the meeting. Such notice shall include the amount (per lot)
of the proposed special assessment and the specific purpose(s)
for which it will be used.
E. SPECIAL
QUORUM REQUIREMENTS. For any meeting of Association members, at
which a proposal will be considered to change the annual assessments
(as provided in Paragraph C hereinabove) or to effect a special
assessment (as provided in Paragraph D hereinabove) the quorum
required shall be as follows:
1. At the
first such meeting (called as provided in Paragraph C and Paragraph
D hereof, respectively) the presence at the meeting, either
in person or by proxy, of the members entitled to cast fifty
percent (50%) of all the votes of the membership, shall constitute
a quorum. If that required quorum is not present, another meeting
may be called, subject to the same notice requirements set forth
in Paragraphs C and D hereof.
2. The required
quorum at the subsequent meeting shall be one-half (I/2) of
the required quorum at the preceding meeting, but not less than
twenty-five (25) votes; provided, however, that such subsequent
meeting is held within sixty (60) days after the preceding meeting,
F. PAYMENT
OF ANNUAL ASSESSMENTS. The annual assessments provided for herein
shall commence as to each lot in the plat on the first day of
the first month following the month in which such lot is conveyed
to a Lot Owner. The first annual assessment shall be prorated
based on the number of months remaining in the calendar year in
which the lot is conveyed to a Lot Owner (e.g. if three months
remain, one-fourth of the annual assessment is payable for that
year).
The initial
annual assessments payable for the period from January 1, 2000,
through December 31, 2002 (or the applicable prorated portion
thereof) shall be paid in full in advance at the time a lot is
conveyed to a Lot Owner. The annual assessment for the calendar
year 2003 and each calendar year thereafter succeeding shall be
due and payable on January 5 of such year.
Special assessments
authorized as provided in Paragraph D hereof shall become due
and payable on the date fixed in the resolution authorizing the
special assessment.
G. NOTICE
OF ASSESSMENTS. For each year after December 31, 2002, the Board
of Directors shall give notice to all Lot Owners of the amount
of the annual assessment against each lot not less than thirty
(30) days prior to the start of the assessment period concerned.
The Board of Directors shall also give notice to each Lot Owner
of the date of commencement and the amount of any special assessment,
not less than thirty (30) days prior to the start of the special
assessment period concerned. For each annual and special assessment,
the Board of Directors shall cause a roster to be prepared setting
forth all lots in the plat and the assessments applicable thereto,
which roster shall be open to inspection by any Lot Owner.
The Association
shall issue a receipt to each Lot Owner upon payment of any assessment.
Such receipt shall specify the date of payment and the amount
of the assessment paid. Such receipt shall be conclusive evidence
of payment of any assessment therein stated to have been paid.
Upon request and payment of a reasonable charge therefore, the
Association shall issue a certificate signed by an officer of
the Association to evidence the paid or unpaid status of assessments
on a specified lot, and any such certificate issued by the Association
shall be binding upon it as of the date of its issuance.
H. SPECIAL
ASSESSMENTS FOR STORM WATER FACILITY MAINTENANCE. If the Association
fails to properly maintain the storm water facilities on the properties,
the City may assume responsibility for such maintenance and charge
the cost thereof to the Association. Any cost the City charges
to the Association for the maintenance of storm water facilities
shall be the joint and several liability of the individual Lot
Owners and the Association, and the City shall have a lien against
all of the properties in the amount of any delinquent charges.
The Board of Directors may levy and collect a special assessment
to cover any such charges imposed by the City for maintenance
of storm water facilities on the properties.
I. EFFECT
OF AND REMEDIES FOR NON-PAYMENT OF ASSESSMENT. Any assessment
levied as provided in this Declaration that is not paid when due,
together with interest thereupon as provided hereinbelow and costs
of collection thereof, including reasonable attorney fees, shall
become a continuing lien on all lots in the plat owned by the
Lot Owner failing to pay the assessment. Any such delinquent assessment
shall also remain the personal obligation of the Lot Owner, his
heirs, personal representatives, successors and assigns, until
such obligation is paid in full.
Any assessment
that is not paid within thirty (30) days after the due date thereof
shall bear interest from the due date until paid at such rate
as may be fixed form time-to-time by the Board of Directors, and
unless and until a different rate is fixed, the rate shall be
twelve percent (12%) per annum. The Association may bring an action
at law against the Lot Owner personally obligated to pay a delinquent
assessment or foreclose the lien thereof against any or all lots
in the plat owned by such Lot Owner.
J. SUBORDINATION
OF ASSESSMENT LIENS. The lien of assessments provided for herein
shall be inferior and subordinate to the lien of any mortgage,
deed of trust or like security instrument now or hereafter placed
upon the properties, and shall apply only to the assessments which
have become due and payable prior to a sale or conveyance of the
property subject thereto pursuant to a decree of foreclosure or
any proceedings in lieu of foreclosure. Such sale or conveyance
shall not relieve such property or the owner thereof, from liability
for any assessments thereafter becoming due, nor from the lien
of any subsequent assessment.
K. EXEMPT
PROPERTY. The following property subject to this Declaration shall
be exempt from the assessments and the lien thereof created pursuant
hereto:
1. All lots
owned by Developer and its assigns;
2. All properties
to the extent of any easement or other interest therein dedicated
to and accepted by a local public authority for public use;
and
3. All properties
exempted from taxation by the laws of the State of Washington,
upon the terms and to the extent of such legal exemption.
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ARTICLE
VIII
GENERAL
PROVISIONS
A. DURATION.
The covenants and restrictions in this Declaration shall run with
the land, and shall be binding upon and inure to the benefit of
the Association and the owner of any land subject to this Declaration,
and their respective heirs, personal representatives, successors
and assigns, unless and until an agreement in writing to change
said covenants and restrictions, in whole or in part, has been
signed by the then owners of two-thirds (2/3) of the lots in the
plat and placed of public record; provided, however, that no such
agreement to change this Declaration shall be effective unless
written notice of the proposed agreement is sent to every Lot
Owner at least ninety (90) days prior to the recording of the
same. Notwithstanding the foregoing, no modification of this Declaration
that would eliminate or limit the Association's obligation to
maintain Community Areas as required by agreements with the City,
shall be effective unless and until the City has consented thereto
in writing.
B. NOTICES.
Any notice or demand required to be sent to any member or Lot
Owner under the provisions of this Declaration shall be deemed
to have been properly sent when mailed, postage prepaid, to the
last address of such member or Lot Owner on the records of the
Association at the time of such mailing.
C. ENFORCEMENT. The covenants and restrictions in this Declaration
may be enforced by any appropriate proceeding at law or in equity,
to restrain violation, to recover damages, or to enforce any lien
created pursuant hereto. The failure of the Association or any
Lot Owner to enforce any covenant or restriction herein contained
shall not be deemed a waiver of such covenant or restriction or
any other covenant or restriction herein contained, nor a waiver
of the right to enforce the same thereafter.
D. SEVERABILITY. If any covenant or restriction of this Declaration
shall be held invalid or unenforceable by any court of competent
jurisdiction and if such invalidity or unenforceability shall
materially impair achieving the purpose and intent of this Declaration,
then this entire Declaration shall be invalid and unenforceable.
Otherwise, this Declaration shall be construed as if not containing
the particular covenant or restriction held to be invalid or unenforceable,
and the rights and obligations established hereby shall be construed
and enforced accordingly.
E. FHA/VA
APPROVAL. In the event there is as least one outstanding loan
the is secured by a security interest in any lot in the plat and
guaranteed by either the Federal Housing Administration or the
Veteran's Administration, the proper approval of such agency must
be obtained for any of the following actions: annexation of additional
properties to be subject to this Declaration; dedication of a
Community Area to the public; and, amendment of this Declaration.
O'Neill and
Sons, Inc.
By Daniel C.
0'Neill, President
"Developer"
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AMENDMENTS
Amendments
to Declaration of Covenants, Conditions, Restrictions and Reservations
for the Plat of Marie's Vineyard In accordance with the vote of
a majority of the Homeowners of Marie's Vineyard, duly adopted on
April 3, 2003, the original Declaration of Covenants, Conditions,
Restrictions and Reservations for the Plat of Marie's Vineyard,
recorded with the Thurston County Auditor on May 19, 1999 under
Auditor's Number 3231620, said Covenants, Conditions, Restrictions,
and Reservations are amended in the following particulars:
ARTICLE 1, SECTION
4 is amended to read as follows:
DEFINITIONS
"Community Areas"
shall mean and refer to those areas of land shown on the recorded
Plat of Marie's Vineyard and any other recorded subdivision plat
of the properties, that are maintained by the Association for the
common use and enjoyment of the owners of the properties. Community
Areas shall include all landscaping and entry way fencing along
18th Avenue and around the entry signs, all grassed and treed areas
between the sidewalk and 18th Avenue, the underground and surface
irrigation system in Community Areas, the entry sign and meters
therefore; Open Space Tracts B, C, E, and G, Open Space/Storm water
Tracts A, D, and H; all street and decorative trees within the approved
"Marie's Vineyard Tree Plan" ("approved tree plan"), excepting any
and all decorative trees within the boundaries of each residential
lot which shall belong to the respective owners of such lots; all
mailboxes and mailbox stands and enclosures within the boundaries
of the plat; and, all street lighting and storm water facilities
within the plat that have not been dedicated or transferred to the
City.
ARTICLE IV,
SECTIONS E AND J are respectively amended to read as follows:
NUISANCES:
No noxious or offensive activity shall be permitted on any lot,
nor shall anything be done thereon which may be or become an annoyance
or nuisance to the neighborhood, including, but not limited to:
a. A trade,
craft, business, profession, commercial or manufacturing enterprises
or businesses or commercial activity of any kind that is not conforming
to the residential nature of the neighborhood.
b. Goods,
equipment, vehicles (including boats, buses, campers, trucks ,
and trailers of any description) or materials or supplies used
in connection with any trade, service or business, wherever the
same may be conducted, be kept, parked, stored, dismantled, or
repaired on any residential lot or building site or on any street
within the existing property.
Trash, garbage,
ashes, or other refuse, junk vehicles, underbrush or other unsightly
growths or objects thrown, dumped, or allowed to accumulate on
any lot or building site or street within the neighborhood.
Use of premises
for any other purpose whatsoever except for the purpose of a private
dwelling or residence.
J. GARBAGE/RECYCLING:
No lot shall be used or maintained as a dumping ground for rubbish
or trash. All garbage and other waste shall be kept in sanitary
containers out of view from the front or sides of the house except
during a maximum twenty-four (24) hour period on refuse collection
days for pickup by an authorized disposal service. All equipment
for the storage or disposal of waste material shall be maintained
in a clean and sanitary condition.
ARTICLE VIII,
SECTION D is amended to read as follows:
D. SEVERABILITY.
Invalidation of any one of these covenants or restrictions by
Judgment or Court Order shall in no way affect any of the other
provisions, covenants or restrictions, which shall remain in full
force and effect.
Marie's Vineyard
Homeowner's Association
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