Final Plat ReviewMEMORANDUM ~~~ ~?;~ ~~~;
TO: Grant Beck _ 5~~
FROM: Brent F. Dille
Date• 1
DATE: March 30, 2007
RE: Terra Valley/Retroapplication of City's High Groundwater Regulations
You have asked that I render a legal opinion as to whether the City of Yeim (the "City"j
can declare a lot in recently approved subdivision unbuildable because of high
groundwater. The facts, as I understand them, are as follows:
1. Terra Valley was deemed a complete subdivision application on September
21, 2005.
2. T' Bch contained new regulations related to High
Groundwater ~i ~- /~.J~ n City Council (the "Council") on September
28, 2005, and ~ r - ~,~'f 2, 2005.
3. ~ ~ ~~ , ~ ~velopment Director, issued a Mitigated
Determination o 1 lp~ ~n November 14, 2005, and as part of the
MDNS. You coi .., Quaress high groundwater as it relate to the design
and location of stc _.u~.
4. The subdivision was granted preliminary approval on January 26, 2006.
5. Council finalled the plat on October 10, 2006, and recorded with the
Thurston County Auditor's office on October 11, 2006.
Le ag 1 Anal
When a developer files a complete permit application it became vested and had the right
to have its application processed according to the zoning and building code ordinances in
effect at the time the application was filed. "Vesting" refers generally to the notion that a
land use application, under the proper conditions, will be considered only under the land
use statutes and ordinances in effect at the time of the application's submission. The
purpose of vesting is to provide a measure of certainty to developers, and to protect their
expectations against fluctuating land use policy.
N:ABFDAYeim\BeckMemo033007.doc
In 1987, the Legislature codified the vesting rights doctrine, in part, in RCW
58.17.033(1):
A proposed division of land ...shall be considered under the subdivision
or short subdivision ordinance, and zoning or other land use control
ordinances, in effect on the land at the time of a fully completed
application for preliminary plat approval of the subdivision, or short plat
approval of the short subdivision, has been submitted to the appropriate
county, city, or town official.
Conclusion
Based upon the above facts and legal analysis, the plat of Terra Valley became vested
when its application was deemed complete on September 21, 2005. The subsequent
adoption of the new critical areas code containing regulations related to high groundwater
adopted by Council on September 28, 2005, did not require the applicant (Terra Valley)
to revise its application in compliance with the new ordinance.
Based on the foregoing, the City cannot require the developer to comply with the new
high groundwater ordinance.
Should you have any further questions or require clarification as to the above-rendered
opinion, please do not hesitate to contact me.
BFD:ja
5 ~1ED
Date:
N: \BFD\Ye Im\B eckMemo033007. doc
~oF r~ CITY OF
~ ~'`~ YELM
YePm, WA 98 97 RECEIPT No. 4 ~ 1$ 7
360-458-8403
RECEIVES*'~*THREE THOUSAND EIGHT HUNDRED EIGHTY EIGHT DOLLARS & 00 CENTS
TAHOAA~~AA9~P~+LLC
PO BOB 627
RAINIER. WA 98576
169T~€8/06 R~~l~$7
BUDGETARY
DIANA
A~Q~8.00 CHECK q~S~9•
} ~
City of Yelm Invoice No. CDD-06-0179
Community Development Department
INVOICE -
- Customer
Name Terra Valley LLC, Attn: Doug Bloom Date 10/16/2006
Address 4200 6th Ave SE, Suite 301 Order No.
- -_ _ _ __
City Lacey State WA ZIP 98503 Rep SUB-05-0305-YL
Phone FOB Vintage Greens
-- _ -- -
Item Description _ _ _ Unit Price TOTAL
1 Engineering-Review and Inspection Fees $3,888.00 $3,888.00
raymeni ue~aus
O Cash
O Check
O
SubTotal _ $3,888.00
Shipping & Handling $0.00
_____-..
Taxes WA
___ ___
TOTAL $3,888.00
Office Use Only
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
(360) 458-3835
THANK YOU
°~ T~ CITY OF
a° ~'`~ YELM
P.O. Box 479
Yelm, WA 96597
360-458-8403
RECEIVE***FOUR THOUSAND FIVE HUNDRED DOLLARS & 00 CENTS
TAHOA~~fiRR9~PNLLC
PO BO% 627
RAINIER. WA 98576
___ --~.,
,6UB-05-0305-YL
VINTAGE GREENS _:
10~Q8/06 R~~l~86
BUDGETARY
DIANA
RECEIPT No. 4 ~ 18 6
aDQ~0.00 CHECK
~N9~
~~....._
TERRA VALLEY, LLC
PO BOX 627
RAINIER, WA 98576
360-446-3083
August 28, 2006
City of Yelm
PO Box 479
Yelm, WA 98597
RE: Vintage Greens
City of 1'elm Project No. SUB-OS-0305-YL
We hereby agree to create an assignment account of 54500.00, 20% of the cost, to guarantee the
maintenance and growth of the street trees, to meet City of Yelm landscaping standards for
subdivision development, on City of Yelm Project: No. SUB-OS-0305=YL, Vintage Greens, for
a period of 3 years.
Sincerely,
--~~ ~;
P~ glas Bloom
~~Ianager
~o~ T~p~ Cit o Yelm ~~~ ~~
~. y f
Communtty Development Department
105 Yelm Avenue West
P.O. Box 479
YELM Yelm, WA 98597
WAfHINGTON
September 25, 2006
Terra Valley LLC
Doug Bloom
P.O. Box 627
Rainier, WA 98576
Re: Comments for Vintage Greens Final Plat Application -SUB-05-0305-YL
Dear Mr. Bloom:
The City has completed its initial review for the above referenced final plat application. There are
some items that need revisions. For the items that need changed or corrected, I am sending you
back redlined originals.
1. Survey review comments: In addition to the corrections required by the reviewing surveyor
in his letter, we have included our redline comments on the plat map. Also included are
comments received from The Thurston County Assessor's Office. Please be sure to correct
all items. When you submit your revised plans, please include 3 copies of the full size plat,
one 11" x 17" copy, and a mylar set for recording. RETURN ALL REDLINED COPIES.
2. Homeowners Association CCR's minor editorial changes. Please provide corporation
certificate.
3. Stormwater Maintenance Agreement, Warranty Agreement, and Bill of Sale need signature
and notary.
4. Performance assurance device for maintenance of the required landscaping. $4,500.00
5. City Engineer review fees to be determined.
Final punchlist items are not complete. All items must be addressed prior to scheduling City Council
approval.
The above listed corrections must be completed and returned to the City, with all fees paid no later
than Friday September 29, 2006 to be considered by the City Council on Tuesday October 12, 2006.
If you have any questions, please contact me at (360) 458-8430.
Sincerely,
Nisha R. Box
Assistant Planner
cc: Community Development Department
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
"Section xx -Washington's Priority Habitats -Oregon White Oak
Oregon White Oak (Quercus ganyana) is listed as a Priority Species by the
Washington Department of Fish and Wildlife. The Oregon White Oak trees
located in the Open Space Tract F, and the surveyed trees located on Lot
Numbers 1, 28, 29, and 30 are to remain undisturbed. Any pruning that may be
required must be approved by the City of Yelm."
E. TRUE & ASSOCIATES
LAND SURVEYING
P.O. BOX 908
18225 COOK ROAD S.E.
YELM, WA. 98597
360-458-2894
Date: Sept. ? 1.2006
To: City of~Yelm
105 Yelm Avenue West
Yelm. WA. 98597
ATTN: Roberta Allen
Community Development
RE: Final Plat comments for VINTAGE GREENS
Dear Ms. Allen:
We have re~~iewed the plat, lot closures and plat certificate for this subdivision. 1 have
addressed a listing of the items that should be addressed prior to approval of this
subdivision.
If you have any questions please don't hesitate to call me at 360-458-2894.
Sincerely,
,'' ~ '//
~~~_ .y`'
Eddie True. P.L.S.
Final Plat Comments
Vintage Greens
Sheet one
1) Correct legal description and reference road easements as noted on plat cert.
2) Edit utility easement.
Sheet t"~o
3) Check date on ackno~ ledgment.
Sheet three
4) Check LS no. on detail 1.
~) Radius and length on cure table to be sho~~n to nearest 100`x'
Sheet Four
6) Edit dimensions and bearings as sho~~n.
7) Describe use of Tracts a.b.c.e and describe and label tract b~~ Lot ?7.
Page 1 of 1
Tami Merriman
From: Roberta Allen
Sent: Wednesday, September 20, 2006 3:54 PM
To: Community Development
Subject: FW: REVIEW VINTAGE GREENS
Review Comments sent to me via email.
R
From: Denise Martin [mailto:Martindd@co.thurston.wa.us]
Sent: Wednesday, September 20, 2006 3:50 PM
To: Roberta Allen
Subject: REVIEW VINTAGE GREENS
1. I believe the original legal description should go just a little bit further. I believe it should also Except any
portion, if any, in Tahoma Terra Phase One Division, and Except Longmire St SE. All of this came in After the
original legal.
2. House numbers.needed.
3. I assume there will be reference to each sheet such as: Sheet 1 of 4.......Sheet 2 of 4.......etc, etc.
4. On Sheet 3 it references a column for Addresses along with the Lot Area. Are these addresses going to be
added here or are you just putting the house numbers on the lots?
5. Are the street names really Road 1, Road 2 and Road 3?
6. The landscaping that lies southeasterly of Road 1, abutting Lot 27, what Tract is it? Is it a part of Tract E or
not?
7. Please resubmit for a Second Review.
Thank you
Denise Martin, Sr. Property Control Analyst
Property Administration
Thurston County Assessor's Office
martindd@co.thurston.wa.us
(360)754-3355 X 6406
(360) 754-2958 Fax
9/25/2006
E. TRUE & ASSOCIATES
LAND SURVEYING
P.O. BOX 908
18225 COOK ROAD S.E.
YELM, WA. 98597
360-458-2894
Date: Sept. 21, 2006
To: City of Yelm
105 Yelm Avenue West
Yelm, WA. 98597
ATTN: Roberta Allen
Community Development
RE: Final Plat comments for VINTAGE GREENS
Dear Ms. Allen:
We have reviewed the plat, lot closures and plat certificate for this subdivision. I have
addressed a listing of the items that should be addressed prior to approval of this
subdivision.
If you have any questions please don't hesitate to call me at 360-458-2894.
Sincerely,
~-'
Eddie True, P.L.S.
Final Plat Comments
Vintage Greens
Sheet one
1) Correct legal description and reference road easements as noted on plat cert.
2) Edit utility easement.
Sheet two
3) Check date on acknowledgment.
Sheet three
4) Check LS no. on detail 1.
5) Radius and length on curve table to be shown to nearest 100tH
Sheet Four
6) Edit dimensions and bearings as shown.
7) Describe use of Tracts a,b,c,e and describe and label tract by Lot 27.
Page 1 of 1
Tami Merriman
From: Roberta Allen
Sent: Wednesday, September 20, 2006 3:54 PM
To: Community Development
Subject: FW: REVIEW VINTAGE GREENS
Review Comments sent to me via email.
R
From: Denise Martin [mailto:Martindd@co.thurston.wa.us]
Sent: Wednesday, September 20, 2006 3:50 PM
To: Roberta Allen
Subject: REVIEW VINTAGE GREENS
', '
r` ~,~i1
~. I believe the original legal description should go just a little bit further. I believe it should also Except any
portion, if any, in Tahoma Terra Phase One Division, and Except Longmire St SE. All of this came in After the
original legal.
~~
,i2. House numbers needed. ty~~ ~~'~:>~ ~ -'
a~~ ` ~ t
,~\d r. ~ "1 c'ti,
,,3: I assume there will be reference to each sheet such as: Sheet 1 of 4.......Sheet 2 of 4.......etc, etc. c-N ` ~
,.4. On Sheet 3 it references a column for Addresses along with the Lot Area. Are these addresses going to be
added here or are you just putting the house numbers on the lots? ~.7~ ~-,~; ~_~ ,5 ~~ f'
L.5! Are the street names really Road 1, Road 2 and Road 3? ~,,,1 l~-~;.~ ~ r~x-:.~
6. The landscaping that lies southeasterly of Road 1, abutting Lot 27, what Tract is it? Is it a part of Tract E or
not? +~;•rz l ;:_ti ~~~-,.t~ `~~~~''
Z,i7'. Please resubmit for a Second Review.
Thank you
Denise Martin, Sr. Property Control Analyst
Property Administration
Thurston County Assessor's Office
martindd@co.thurston.wa.us
(360)754-3355 X 6406
(360) 754-2958 Fax
9/25/2006
Page 1 of 1
Tami Merriman
From: Roberta Allen
Sent: Wednesday, September 20, 2006 3:54 PM
To: Community Development
Subject: FW: REVIEW VINTAGE GREENS
Review Comments sent to me via email.
R
From: Denise Martin [mailto:Martindd@co.thurston.wa.us]
Sent: Wednesday, September 20, 2006 3:50 PM
To: Roberta Allen
Subject: REVIEW VINTAGE GREENS ~
~~
1. I believe the original legal description should go
aortion, if anv.~Tahoma Terra Phase One Divisior
~ouse numbers needed.
~~-L~ 3. I assume there will be reference to each sheet such as: Sheet 1 of 4.......Sheet 2 of 4.......etc, etc.
4. On Sheet 3 it references a column for Addresses along with the Lot Ar a. Are these addresses going to be
added here or are you just putting the house numbers on the lots? ~j~~1~-~-,.
5. Are the street names really Road 1, Road 2 and Road 3?
6. The landscaping that lies southeasterly of Road 1, abutti~ig Lot 27, what Tract is it? Zs it a part of Tract E or
not?
7. Please resubmit for a Second Review.
Thank you
Denise Martin, Sr. Property Control Analyst
Property Administration
Thurston County Assessor's Office
martndd@co,thurston.wa.us
(360)754-3355 X 6406
(360) 754-2958 Fax
ast a little bit further. I believe it should also Except any
and Except Longmire,St SE. All of this came in After the
~ %=c-~-------ti's Grp r . 0~.
~~ ~~~
k~ i-`~~
r,"1~~ 1
~ y~
~' t~~~~
~~bllU
9/21 /2006
From: Denise Martin [mailto:Martindd@co.thurston.wa.us]
Sent: Wednesday, September 20, 2006 3:50 PM
To: Roberta Allen
Subject: REVIEW VINTAGE GREENS
1. I believe the original legal description should go just a little bit further. I believe it should
also Except any portion, if any, in Tahoma Terra Phase One Division, and Except Longmire St
SE. All of this came in After the original legal.
I checked with the reviewing surveyor... the legal is good. He walked me through it, I
would be happy to walk you through it.
2. House numbers needed.
On the revised map.
3. I assume there will be reference to each sheet such as: Sheet 1 of 4.......Sheet 2 of
4.......etc, etc.
Sheet referenced are on the top of each page, under the headings.
4. On Sheet 3 it references a column for Addresses along with the Lot Area. Are these
addresses going to be added here or are you just putting the house numbers on the lots?
Changed, on revised map.
5. Are the street names really Road 1, Road 2 and Road 3?
Changed, on the revised map.
6. The landscaping that lies southeasterly of Road 1, abutting Lot 27, what Tract is it? Is it a
part of Tract E or not?
Tracts are now all referenced.
7. Please resubmit for a Second Review.
Here it is!
Thank you
Denise Martin, Sr. Property Control Analyst
Property Administration
Thurston County Assessor's Office
martindd@co.thurston.wa. us
(360)754-3355X6406
(360) 754-2958 Fax
AFTER RECORDING RETURN TO:
Terra Valley, LLC
PO Box 627
Rainier, Washington 98576
DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
The land Referred To Herein Is Situated In The State Of Washington, City Of Yelm, County of
Thurston And Is Described As Follows
~<<,~ ~ _ ~
Lots 1 to 41 and S f Vintage Greens, as recorded
in the office of the Thurston County Auditor on day of 20 ,under
Thurston County Auditor's File No.
~LARATION IS MADE THIS DAY OF , 20
by Valle C, A Washington limited liability corporation, HEREINAFTER
ERRED TO AS "DECLARANT".
• '~~~ WITNESSETH
W ereas, Declarants e the owners of certain real property in The City of Yelrn, Lots 1
to 10 and f Vintage Greens as recorded in the
o ice of the Thurston County Auditor on day of 20 under
Thurston County Auditor's File No. (hereafter referred to as "the property" or
"properties"); and
WHEREAS, Declarants will convey certain of the said properties, subject to certain
protective covenants, conditions and restrictions, reservations, liens and charges as hereafter set
forth.
NOW, THEREFORE, Declarants hereby declares that the properties described in
ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements,
restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of the property.
These easements, restrictions, reservations, charges, liens, covenants, and conditions shall run
with the real property and shall be binding on all parties having or acquiring any right, title or
interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the
benefit of each owner thereof.
~~, c~,~ .ire
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Vintage Greens Homeowners
Association, a Washington non-profit corporation, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is part of the Properties, including
contract purchasers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property herein after
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
~~~~
Section 4. "Common Area" shall mean all real property including the improvements
thereto owned by the Association for the common use and enjoyment of the owners. The
Common Area to be owned by the Association at the time of the conveyance of the firs lot is
described as follows: Tract A and Tract B, Vintage Greens.
Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the
recorded subdivision map of the Properties with the exception of the Common Areas.
Section 6. "Declarant" shall mean and refer to Terra Valley, LLC,
its successors or assigns who should acquire more than one undeveloped Lot from the Declarant
for the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, and shall be, held, transferred, sold, conveyed and occupied
subject to this declaration is located in Yelm, Washington, Thurston County Washington as is
described as follows: ,~
LOTS 1 TO 41 AND OF
VINTAGE GREENS, AS RECORDED UNDER AUDITOR'S FILE NO. IN
THURSTON COUNTY, WASHINGTON
"Section xx -Washington's Priority Habitats -Oregon White Oak
Oregon White Oak (Quercus garryana) is listed as a Priority Species by the
Washington Department of Fish and Wildlife. The Oregon White Oak trees
located in the Open Space Tract F, and Lot Numbers 1, 28, 29, and 30 are to
remain undisturbed. Any pruning that may be required must be approved by
the City of Yelm."
Section 18. Nuisance. No noxious or offensive activity shall be carried on upon any
residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the
value of the property of any neighbor or of the neighborhood in general.
Section 19. Firearms. The shooting of any type of weapon or firearm is prohibited,
including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots.
Section 20. Landscaping. Landscaping of the front and at least one half of the side
yards shall be grass. Yards shall be regularly mowed and neatly maintained at all times. The
original deciduous trees shall be replaced if they die, become diseased or too large for the site.
All landscaping shall be completed within one (1) year. Homeowners shall be responsible for the
street trees and lawn within the planter strip between the sidewalk and street adjacent to each of
the homes. ~ ~ -- ~~-
y ~~~.~~~
Section 21. St '~ shall be dedicated to the
Homeowners association, and the Homeowners Association shall be responsible for maintaining
the Stormwater Drainage as required by The City of Yelm and reasonable environmental ~ ~~ `~
practices as outlined in Vintage Greens Maintenance Plan. ~~~;• ~-~ ~, GCZ~"~a'~~'1`~~,~5
C~ ~ .
Section 22: Outbuildings: No outbuildings will be allowed other than approved
greenhouses and storage sheds, neither of which shall exceed 10 X 10 square feet in size and will
require Architectural Committee Approval.
Section 23: Holiday Decorations. Holiday decorations must be removed within 20
days following the holiday for which they are commemorating. An extension is given for winter
holiday lights and decorations which must be removed by Jan 31st.
ection 23 ~~~
ARTICLE IV
VOTING MEMBERSHIP
Section 1. The Association shall have two classes of voting membership.
Section 2. Class "A" Class "A" members shall be all owners, with the exception of
the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
lot.
Section 3. Class "B" Class "B"member (s) shall be Terra Valley LLC?, (the
Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B
..
6
membership shall cease upon the happening of either of the following events, whichever occurs
earlier:
(A) When the total votes outstanding in the Class A membership equals the
total votes outstanding in the Class B membership; or
(B) on December 31, 2007
Section 4. FHANA Approval. As long as there is a Class "B" membership, the
following actions will require the prior approval of the Federal Housing Administration or the
Veterans Administration; Annexation of additional properties, dedications of Common Area and
amendment of this Declaration of Covenants, Conditions and Restrictions.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the lien and Personal Obligation for Assessments.
The declarant, for each lot owned within the Properties, hereby covenants, and each Owner of
any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments to be established and
collected as hereinafter provided. The annual and special assessments, together with interest,
costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such assessment, together
with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the
person who was the Owner of such property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents in
the Properties and for the improvement and maintenance of the Common Areas, including the
maintenance of Stormwater Facilities.
Section 3. Maximum Annual Assessment. Until December 31, 2007, the
maximum annual assessment shall be two hundred fifty ($250.00) per lot.
(A) From and after December 31, 2007 the maximum annual
assessment maybe increased above 5% by a vote of fifty percent (50%) of each class of
members who are voting in person or by proxy, at a meeting duly called for this purpose.
(B) The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum.
7
Section 4 Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the purpose of defemng, in
whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Areas, including fixtures and personal property related thereto,
provided that any such assessment shall have the consent of fifty percent (50%) of the votes of
each class of members who are voting in person or by proxy at a meeting duly called for this
purpose.
Section 5 Notice and Ouorum for any Action Authorized Under Section 3 and 4.
Written notice of any meeting called for the purpose of taking any action under Section 3 and 4
shall be sent to all members no less than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of
all votes of each class of membership shall constitute a quorum. If the required quorum is not
present, another meeting maybe called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and maybe collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates
The annual assessments provided for herein shall commence as each homeowner takes
possession of their home. Apro-rated share of the possession month's dues plus one full month's
dues will be paid to Vintage Greens Homeowner's Association at closing. The Board of
Directors shall fix the amount of the annual assessment period. Written notice of annual
assessment shall be sent to every owner subject thereto. The due date shall be established by the
Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessment of a
specified Lot has been paid. A properly executed certificate of the Association as to the status of
assessments on a Lot is binding on the Association as of the date of its issuance.
Section 8. Effect of Non a ent of Assessments• Remedies of the Association
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due
date at the rate of twelve (12%) per annum. The Association may bring action at law against the
owner personally obligated to pay the same, or foreclose the lien against the property. No owner
may waive or otherwise escape liability for the assessments provided for herein by non-use of
the Common Area or abandonment of his lot.
Section 9 Subordination of the Lien to Mort~a~es. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any
lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien
and such assessments as to payments which become due prior to such sale or transfer. No sale or
transfer shall relieve such lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 10. Every owner of a Lot which is subject to assessment shall be a member of
the Association. Membership shall be appurtenant to and may not be separated from ownership
of any Lot which is subject to assessment.
Section 11: One Time Homeowner's Initiation Fee: An initial one-time initiation fee of $675 per
homesite will be collected from the Buyer at closing to be paid to the Builder directly to partially reimburse them for
expenses and improvements installed by the Builder on behalf of the Vintage Greens Homeowners Association.
ARTICLE VI
DESIGN APPROVAL
No building, fence, wall or other structure shall be commenced, erected or maintained upon
the properties, nor shall any exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature, kind, shape, height and location of the same shall
have been submitted to and approved in writing as to conformance with these covenants,
harmony of external design and location in relation to surrounding structures and topography by
the Board of Directors of the Association, or by an Architectural Control Committee composed
of three (3) or more representatives appointed by the Board. In the event said Board, or its
design Committee, fails to approve or disapprove such design and location within thirty (30)
days after said plans and specifications have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Declarants, Vintage Greens Homeowners
Association and/or the owner of any lot or lots subject to this declaration, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed, by the provisions of this declaration;
provided however, that the Declarant's right to enforce the provisions of this declaration shall
terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this
declaration; and provided further, however, that the termination of the Declarant's power to
enforce this declaration shall in no way affect the power of any successor, lot owner or the
Vintage Greens Homeowners Association to enforce the terms and conditions of this declaration.
In any action to enforce the terms and conditions of this declaration, the party prevailing shall be
entitled to an award of such party's costs, including attorney's fees, against the non-prevailing
party for all costs incurred with respect to the enforcement of this declaration. Failure of the
Declarant or any such owner or contract purchaser or Vintage Greens Homeowners Association
to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of
the right to do so hereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions, which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any
lot subject to this declaration, including the declarants, Vintage Greens Homeowners
Association, their respective legal representatives, heirs, successors, and assigns, for a term of
thirty (30) years from automatically extended successive periods often (10) years, unless an
instrument terminating all covenants, which is signed by not less than the owners then owning
ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any
period thereafter, of the property subject to this declaration and any supplemental declaration
shall have been recorded with the Thurston County Auditor. The covenants and restrictions of
this declaration maybe amended by an instrument signed by not less than the owners of seventy-
five percent (75%) of the lots. Amendments shall take effect when they have been recorded with
the Auditor of the County of Thurston.
Douglas Bloom
Manager
ACKNOWLEDGMENT
ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On the day of 200_, before me, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
To me known to be the
(TITLE(S) of (CORPORATE NAME) and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute
the said instrument and that the seal affixed (if any) is the corporate seal of said corporation.
WITNESS my hand and official seal the day and year first-above written.
Notary Public in and for the
State of Washington, residing in
10
TERRA VALLEY, LLC
PO BOX 627
RAINIER, WA 98576
360-446-3083
August 28, 2006
City of Yelm
PO Box 479
Yelm, WA 98597
Attn: Tami Merriman
Re: Vintage Greens SUB-OS-0305-YL
Summary of Conditions
Tami,
We have met the Conditions of Approval as follows:
1) Acknowledged
2) At time of building permit
3) Completed
4) Completed
5) At time of building permit
6) At time of building permit
7) Completed
8) Completed
9) At time of building permit
10) Completed
11) Completed
12) Completed
13) Completed
14) Submitted
15) Completed
16) Completed
17) Completed
18) Completed
If you have any questions please give me a call.
Sincerely,
Douglas R. Bloom
Manager
AFTER RECORDING RETURN TO:
Terra Valley, LLC
PO Box 627
Rainier, Washington 98576
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
The land Referred To Herein Is Situated In The State Of Washington, City Of Yelm, County of
Thurston And Is Described As Follows:
Lots 1 to 41 and Storm Tract A and Open Space Tract B of Vintage Greens, as recorded
in the office of the Thurston County Auditor on day of 20
Thurston County Auditor's File No. ,under
THIS DECLARATION IS MADE THIS DAY OF ~ 20
by Terra Valley LLC, A Washington limited liability corporation, HEREINAFTER
REFERRED TO AS "DECLARANT".
WITNESSETH
,~
~~ Whereas, Declarants are the owners of certain 'real pro ert in The Cit
tond Storm Area Tract ~[+and Open Space Tract ~~ of Vintage Greens as ecorded in thet~l
of ice of the Thurston County Auditor on ddy of 20 under
Thurston County Auditor's File No. (hereafter referred to as "the property" or
"properties"); and
WHEREAS, Declarants will convey certain of the said properties, subject to certain
protective covenants, conditions and restrictions, reservations, liens and charges as hereafter set
forth.
NOW, THEREFORE, Declarants hereby declares that the properties described in
ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements,
restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of the property.
These easements, restrictions, reservations, charges, liens, covenants, and conditions shall run
with the real property and shall be binding on all parties having or acquiring any right, title or
interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the
benefit of each owner ther
^~
,,
~..
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Vintage Greens Homeowners
Association, a Washington non-profit corporation, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more
persons or entities, of a fee simple title to any Lot which is part of the Properties, including
contract purchasers, but excluding those having such interest merely as security for the
performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property herein after
described, and such additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 4. "Common Area" shall mean all real property including the improvements
thereto owned by the Association for the common use and enjoyment of the owners. The
Common Area to be owned by the Association at the time of the conveyance of the first lot is
described as follows: Tract A and Tract ~, Vintage Greens.
Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the
recorded subdivision map of the Properties with the exception of the Common Areas.
Section 6. "Declarant" shall mean and refer to Terra Valley, LLC,
its successors or assigns who should acquire more than one undeveloped Lot from the Declarant
for the purpose of development.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, and shall be, held, transferred, sold, conveyed and occupied
subject to this declaration is located in Yelm, Washington, Thurston County Washington as is
described as follows:
LOTS 1 TO 41 AND STORM TRACT~AND OPEN SPACE TRACT OF
VINTAGE GREENS, AS RECORDED UNDER AUDITOR'S FILE NO. ~
THURSTON COUNTY, WASHINGTON
ARTICLE III
GENERAL PROTECTIVE COVENANTS
Section 1. Residential Character of Property. No structure or buildings of any kind
shall be erected, altered, placed or permitted to remain on any residential lot other than a
residential dwelling, not to exceed two stories in height, with a private garage or carport for not
less than one (1) or more than three (3) standard size passenger automobiles and one recreational
vehicle, each lot shall provide at least two (2) off street parking spaces including the garage,
carport or driveway. During construction of a residential structure, construction materials may
be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and
Section 8 herein, and outbuildings that service a residential structure that are in compliance with
Section 4 herein, are allowed.
Section 2. Business and Commercial Use of Property Prohibited. No trade, craft,
business, profession, commercial or manufacturing enterprise of business or commercial activity
of any kind shall be conducted or carried on upon any residential lot, or within any building
located on a residential lot, unless said activity be in compliance with City of Yelm's Ordinances
or Conditional Use Permit, nor shall any goods, equipment, 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 upon any residential lot unless
said goods, equipment, trailers, materials or supplies be enclosed or screened in such a manner
(and in accordance with Section 8 herein below) that the same are not easily visible from any
street or any other lot in the plat, except for construction materials and a construction office for
residential construction as described in Section 1, nor shall anything be done on any residential
lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the
activities described in Section 2 herein shall be permitted on any street, sidewalk or other public
area.
Section 3. Automobiles Boats Trucks Trailers Recreational Vehicles.
The streets within the plat shall not be used for overnight parking of any vehicles other than
private automobiles. This covenant specifically prohibits the street storage of automobiles,
boats, trucks, trailers or recreational vehicles. The City of Yelm parking ordinances shall
supersede this section where discrepancies appear.
No owner of any residential lot shall permit any vehicle owned by such lot owner, any
member of the lot owner's family or any guest or acquaintance or invitee to be parked upon any
street or upon any lot within the property for a period in excess of forty-eight (48) hours where
such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and
enclosed in a garage or outbuilding, or screened by a fence (in accordance with Section 8) in
such a manner that it is not easily visible from any street or any other lot in the plat.
Section 4. Residential uses of Temporary Structures Prohibited. No trailer, tent,
shack, garage, barn or other outbuildings or any structure of any temporary character erected or
placed on the property shall at any time be used as a residence either temporarily or permanently.
Section 5. Animals. No animals, livestock, or poultry of any kind shall be raised,
bred, or kept on any lot. Cats, dogs, birds or other household pets maybe kept if they are not
kept, bred or maintained for any commercial purpose; provided however, that they shall not be
kept in numbers or under conditions so as to become a hazard to health, safety and/or the quiet
enjoyment of any lot subject to this declaration.
Any kennel or dog run must be screened from view of the street. Any dogs must be kept
so as to minimize excessive noise from barking or they shall be considered a nuisance according
to the terms of the covenants.
Section 6. Mortgage Protected. Nothing herein contained shall impair or defeat the
lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to
any property obtained as a result of any foreclosure proceeding shall specifically be held subject
to all of the provisions herein.
Section 7. Building Setback. No building or detached structure (with the exception
of fences as described in Section 8 of this document) shall be located on any residential lot
nearer to the front line than the mid point of the house, nor nearer than five (5) feet to the rear lot
line.
Section 8. Fence Requirements. Fences shall not exceed six (6) feet in height.
Fences shall be well constructed of suitable wood or vinyl fencing materials and shall be artistic
in design and shall be in architectural harmony with the buildings and fences of adjacent lots. A
chain link fence shall be allowed around the drainage pond if necessary.
No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on
any lot nearer to any street than the building setback line, except that nothing shall prevent the
erection of a necessary retaining wall, the top of which does not extend more than two feet above
the finished grade at the back of said wall. All fences shall also meet the requirements of Section
13 where necessary. No fences or walls maybe constructed on any lot unless approved by the
architectural committee.
Section 9. Easements. Easements for utilities, drainage, and access are reserved as
delineated on the recorded plat map.
Within these easements, no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage channels in the easements. The
easement area of each lot and all improvements in it shall be maintained continuously by the
owner of the lot, except for those improvements for which a public authority or utility company
is responsible.
Section 10. Si ns. No sign of any kind shall be displayed to the public view on any
lot except professionally produced signs that total not more than 3 feet square, advertising the
property for sale or rent, signs used by a builder to advertise the property during the construction
and sales period are permitted. Signs of a political nature maybe displayed from 30 days prior
to any election or primary election day and 30 days following election or primary election day.
4
Section 11. Oil and Minins Operations. No oil drilling, oil development operations,
oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No
derrick or other structure designed for use in boring for oil, natural gas or water shall be erected,
maintained or permitted upon any lot.
Section 12. Water Supply. No individual water supply system shall be permitted on
any lot.
Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways
shall be placed or permitted to remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points twenty-five (25) feet from the
intersection of the street lines, or in the case of a rounded property corner, from the intersection
of the street property lines extended. The same sight-line limitations shall apply on any lot
within ten (10) feet from the intersection of a street property line with the edge of a driveway or
alley pavement. No trees shall be permitted to remain within such distances of such intersections
unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 14. Garbage and Refuse Disposal. No lot, open space or tract shall be used
as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in
appropriate containers for proper disposal. All garbage cans, refuse containers, and trash cans or
receptacles shall be kept out of sight except on the days prescribed for pick-up. Yard rakings, such as
rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work
shall not be dumped into or upon public streets, ditches or the adjacent property. The removal
and proper disposal of all such materials shall be the sole responsibility of the individual lot
owner. All containers for the storage or disposal of such material shall be kept in a clean and
sanitary condition.
Section 15. Dwellin size. The ground floor area of the main structure, exclusive of
a one-story open porches and garages, shall be not less than 1485 square feet for aone-story
dwelling, nor less than 956 square feet for a dwelling of more than one story.
Section 16. Roofs. No flat roofs will be allowed on the house or garage.
Section 17. Exteriors. The entire house must be painted or stained approved colors.
The idea is that colors that are very bright, provocative, or draw the attention of persons looking
at the houses in the subdivision plat to those with significant color variation should be avoided.
Color schemes will be selected to provide a homogenous nature and neutral look to the homes.
The original house colors shall be approved by Vintage Greens Homeowners Association. An
owner wishing to change the house colors from the original colors shall, in writing, notify all
other lot owners in the subdivision of the color change. If five lot owners object, in writing, to
the new colors, within ten days the new colors shall not be allowed. Approval of changes in
colors shall not be reasonably withheld.
Section l8. Nuisance. No noxious or offensive activity shall be carried on upon any
residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the
value of the property of any neighbor oar of the neighborhood in general.
Section 19. Firearms. The shooting of any type of weapon or firearm is prohibited,
including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots.
Section 20. Landscaping. Landscaping of the front and at least one half of the side
yards shall be grass. Yards shall be regularly mowed and neatly maintained at all times. The
original deciduous trees shall be replaced if they die, become diseased or too large for the site.
All landscaping shall be completed within one (1) year. Homeowners shall be responsible for the
street trees and lawn within the planter :trip between the sidewalk and street adjacent to each of
the homes. __
Section Z1. Storm Trac " and Open Space Tract >~shall be dedicated to the
Homeowners association, and the omf;owners Association hall be responsible for maintaining
the Stormwater Drainage as required by The City of Yelm and reasonable environmental ~
practices as outlined in Vintage Greens Maintenance Plan. ~~ ~.~;.,_~~ ~ ~ " ' ~~ ~'~Z''
Section 22: Outbuildings: No outbuildings will be allowed other than approved
greenhouses and storage sheds, neither of which shall exceed 10 X 10 square feet in size and will
require Architectural Committee Approval.
Section 23: Holiday Decorations. Holiday decorations must be removed within 20
days following the holiday for which they are commemorating. An extension is given for winter
holiday lights and decorations which must be removed by Jan 31st.
Section 23
f~RTICLE IV
VOTIlJG MEMBERSHIP
Section 1. The Association shall have two classes of voting membership.
Section 2. Class "A" Class "A" members shall be all owners, with the exception of
the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person
holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be
exercised as they determine, but in no event shall more than one vote be cast with respect to any
lot.
Section 3. Class "B" Class "B"member (s) shall be Terra Valley LLC?, (the
Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B
membership shall cease upon the happening of either of the following events, whichever occurs
earlier:
(A) When the total votes outstanding in the Class A membership equals the
total votes outstanding in the Class B membership; or
(B) on December 31, 2007
Section 4. FHANA Approval. As long as there is a Class "B" membership, the
following actions will require the prior approval of the Federal Housing Administration or the
Veterans Administration; Annexation of additional properties, dedications of Common Area and
amendment of this Declaration of Covenants, Conditions and Restrictions.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the lien and Personal Obligation for Assessments.
The declarant, for each lot owned within the Properties, hereby covenants, and each Owner of
any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association annual assessments to be established and
collected as hereinafter provided. The annual and special assessments, together with interest,
costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such assessment, together
with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the
person who was the Owner of such property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to his successors in title unless
expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents in
the Properties and for the improvement and maintenance of the Common Areas, including the
maintenance of Stormwater Facilities.
Section 3. Maximum Annual Assessment. Until December 31, 2007, the
maximum annual assessment shall be two hundred fifty ($250.00) per lot.
(A) From and after December 31, 2007 the maximum annual
assessment maybe increased above 5% by a vote of fifty percent (50%) of each class of
members who are voting in person or by proxy, at a meeting duly called for this purpose.
(B) The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the purpose of deferring, in
whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Areas, including fixtures and personal property related thereto,
provided that any such assessment shall have the consent of fifty percent (50%) of the votes of
each class of members who are voting in person or by proxy at a meeting duly called for this
purpose.
Section 5. Notice and Quorum for any Action Authorized Under Section 3 and 4.
Written notice of any meeting called for the purpose of taking any action under Section 3 and 4
shall be sent to all members no less than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of
all votes of each class of membership shall constitute a quorum. If the required quorum is not
present, another meeting maybe called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding
meeting. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must
be fixed at a uniform rate for all Lots and maybe collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due Dates
The annual assessments provided for herein shall commence as each homeowner takes
possession of their home. Apro-rated share of the possession month's dues plus one full month's
dues will be paid to Vintage Greens Homeowner's Association at closing. The Board of
Directors shall fix the amount of the annual assessment period. Written notice of annual
assessment shall be sent to every owner subject thereto. The due date shall be established by the
Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate signed by an officer of the Association setting forth whether the assessment of a
specified Lot has been paid. A properly executed certificate of the Association as to the status of
assessments on a Lot is binding on the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments; Remedies of the Association
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due
date at the rate of twelve (12%) per annum. The Association may bring action at law against the
owner personally obligated to pay the same, or foreclose the lien against the property. No owner
may waive or otherwise escape liability for the assessments provided for herein bynon-use of
the Common Area or abandonment of his lot.
Section 9. Subordination of the Lien to Mort~ag_es. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any
lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien
and such assessments as to payments which become due prior to such sale or transfer. No sale or
transfer shall relieve such lot from liability for any assessments thereafter becoming due or from
the lien thereof.
Section 10. Every owner of a Lot which is subject to assessment shall be a member of
the Association. Membership shall be appurtenant to and may not be separated from ownership
of any Lot which is subject to assessment.
Section 11: One Time Homeowner's Inltlatlon Fee: An inirial one-time initiation fee of $675 per
homesite will be collected from the Buyer at closing to be paid to the Builder directly to partially reimburse them for
expenses and improvements installed by the Builder on behalf of the Vintage Greens Homeowners Association.
ARTICLE VI
DESIGN APPROVAL
No building, fence, wall or other structure shall be commenced, erected or maintained upon
the properties, nor shall any exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature, kind, shape, height and location of the same shall
have been submitted to and approved in writing as to conformance with these covenants,
harmony of external design and location in relation to surrounding structures and topography by
the Board of Directors of the Association, or by an Architectural Control Committee composed
of three (3) or more representatives appointed by the Board. In the event said Board, or its
design Committee, fails to approve or disapprove such design and location within thirty (30)
days after said plans and specifications have been submitted to it, approval will not be required
and this Article will be deemed to have been fully complied with.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Declarants, Vintage Greens Homeowners
Association and/or the owner of any lot or lots subject to this declaration, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed, by the provisions of this declaration;
provided however, that the Declarant's right to enforce the provisions of this declaration shall
terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this
declaration; and provided further, however, that the termination of the Declarant's power to
enforce this declaration shall in no way affect the power of any successor, lot owner or the
Vintage Greens Homeowners Association to enforce the terms and conditions of this declaration.
In any action to enforce the terms and conditions of this declaration, the party prevailing shall be
entitled to an award of such party's costs, including attorney's fees, against the non-prevailing
party for all costs incurred with respect to the enforcement of this declaration. Failure of the
Declarant or any such owner or contract purchaser or Vintage Greens Homeowners Association
to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of
the right to do so hereafter.
9
Section 2. Severability. Invalidation of any one of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions, which shall remain in full
force and effect.
Section 3. Amendment. The covenants and restrictions of this declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any
lot subject to this declaration, including the declarants, Vintage Greens Homeowners
Association, their respective legal representatives, heirs, successors, and assigns, for a term of
thirty (30) years from automatically extended successive periods often (10) years, unless an
instrument terminating all covenants, which is signed by not less than the owners then owning
ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any
period thereafter, of the property subject to this declaration and any supplemental declaration
shall have been recorded with the Thurston County Auditor. The covenants and restrictions of
this declaration maybe amended by an instrument signed by not less than the owners of seventy-
five percent (75%) of the lots. Amendments shall take effect when they have been recorded with
the Auditor of the County of Thurston.
Douglas Bloom
Manager
ACKNOWLEDGMENT
ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS
STATE OF WASHINGTON )
ss
COUNTY OF THURSTON )
On the day of 200_, before me, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared
To me known to be the
(TITLE(S) of (CORPORATE NAME) and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute
the said instrument and that the seal affixed (if any) is the corporate seal of said corporation.
WITNESS my hand and official seal the day and year first-above written.
Notary Public in and for the
State of Washington, residing in
to