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Recorded DocumentsF ~~ City of Yelm Invoice No. CDD-05-0136 Community Development Department INVOICE - - Customer Name Barry Howard Date July 19, 2005 -- Address 945 113th Avenue SE _ Order No. City Olympia State WA ZIP 98501 Rep Buckhorn Estates Phone FOB SUB-03-8346 _ Item Description Unit Price TOTAL --- 1 Recording of Documents $33.00 $33.00 Payment Details O Cash O Check O SubTotal _ Shipping & Handling Taxes WA Office Use Only $0.00 TOTAL $33.00 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU _-_ $33.00 w V 07/15/2005 lO:ilA RECEIPT # 275132 THURSTON COUNTY AUDITOR OLYMP I A. WA . FROM CITY OF YELM FILE NO.: 3748455 # Pgs: 15 DOC.: (AGR) AGREEMENT DOCUMENT FEE: 33.00 TOTAL DEFERRED FEE -----> 33.00 TOTAL RECORDING FEE -----> 33.00 AMOUNT (Check) RECEIVED ----> 0.00 CHANGE --------> 0.00 *** RECEIPT *** eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 CO~YSUBMITTED FOR RECORDING Document title(s) (or transactions contained therein): 1. Re-Record Residential Agreement to Maintain Stormwater Facilities with attachment. 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SW '/4 of Section 13. Township 17 North, Range 1 East, W.M Assessor's Property Tax ParceUAccount Number: 21713310101 IIIIiI IIII Fag 8455of 15 IIIIIIIVIIIII IIIIIIIIIIiI oar, r IIIIIIIIII s Zoos ,o ,,A IIIIIIII CITY OF YELM AGR $33.00 Thurston Co. Wa. RESIDENTIAL AGIZ.EEMENT TU MAI:~ITAIN STORIVIWA"I'EK FACILITIES AND T'O INII'LEMENT A POLLUTION CONTROL PLAI`I (liom AppcnJix K of 1994 UDGCM) BY AND BETWEEN CITY OF YELM, Washington (HEREAFTER "CITY"), and I'ROJE~T FOKE, heirs, successors, and assigns (IIEREINAF'fER "OWNER"). The upkeep and maintenance of stormwater facilities and the impleme ration of pollution source control best management practices (BM['s) is essential to tl~e protection of wat~:r resources. All property owners arc expected to conduct business in a manner that promotes environrnc:r.tal protection. This Agreement contains specific provisions with respect to maintenance of stormwater• facilities and use of pollution source control I3MPs. LEGAL DESCRIPTION: Tax Parcel Number 21713310101 describ~;d as the SI/2; N1/2; NEl/4; SW 1/4 of Sec. l3; T17N; RI E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of Thurston County, Washington. Whereas the OWNER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to 'urther the goals of the CITY to ensure the protection and enhancement of water resources, The CITY and the OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included I ~e rein as Attachment "A". (2) Implement the pollution source control program included herein as ~\ttachment "B". (3) Maintain a record (in the form of a log book) of steps taken to imph;ment the programs referenced in (I) and (2) above. The log book shall be available for inspection by r ppointmcnt at ~ . The log book sh<<II catalog the action taken, who took it, when it was done, how it was done, and any problems encount~.red or follow- on actions recommended. Maintenance items ("problems") listed in Attachment "F," shall be inspected as specified in the attached instructions or more often if necessary. "I'he OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) Submit an annual report to the CITY regarding implementation of the programs referenced in (1) and (2) above. "1'he report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone, number, of the businesses, i he persons, or the f firms responsible for plan implementation, and the person completing the report. (b) Time period covered by the report, (c) A chronological summary of activities conducted to implerient the programs re[crence~l in (1) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. f or any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities fi)r the next year. (5) Execute the following periodic major maintenance on the subdivision's stormwater facilities: sediment removal from catch basins, managing vegetation in bio-swalc.. I ~1~ 3 IIIIII VIII IIIIII VIII VIII IIII 1111111 III VIII IIII IIII 07g 84005 `0'S1R I IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII 04x2 8 5005 01?51P CITY OF YELM AGR $33.00 Thurston Co. Wa. PROJECT FORE AGR $25.00 Thurston Co. Wa. . o~ ~,~~~ ~- TI f E CITY SI-IALL: (2) p~ov de technical assistance to the OWNERS in support of its operdion and maintenance activities conducted pursuant to its maintenance and source control prob~rams. Said assistance shall be provided upon request and as CITY time and rfsources permit. (3) Review the annual report and conduct a minimum of one (1) visit pc:r year to discuss performance and problems with the OWNER. REMEDIES: (1) If the CITY determines that maintenance or repair work is required tc be done to the stormwater facilities located in the subdivisicn, the CITY shall five the OWNER rn~tice ofthe specific maintenance and/or repair required. They shall set a reasonable time in which such work is to be completed by the persons who were given the notice. If the above required maintenance and/or repair is not completed within the time set by the CI'T'Y, written notice will be sent to the OWNI?R stating the CITY's intention to perform such maintenance and bill the OWNER for all incurred expanses. (2) If at any time the CITY determines that tl~e existing system creates :rny imminent threat to public health or welfare, the CITY may take immediate measures to remedy s~ id threat. No notice to the persons listed in Remedies (1), above, shall be required under such circ amstances. All other OWNER responsibilities shall remain in effect. (3) The OWNERS grant unrestricted authority to the CITY for access i o any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The OWNERS shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumod by the CITY in the preceding section. Such responsibility shall include reimbursement to the CITY within 90 days of the receipt of the invoice for any such work performed. O~~erdue payments will require payment ~~f interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the CITY will be borne by tl~e parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the r:.al property described above and to benefit all the citizens of the C ITY. It shall run with the land and be Binding on all parties having or acquiring any right, title, or interest, or and part thereof, of real property in the subdivision. Tlrey shall inure to tt~e benefit of each preset or future successor in interest of sari property or any part thereof, or interest therein, and to the benefi ~ of all citizens of the CITY. X ~t Owner Owner 2 o f' 3 IIIIII VIII (VIII IIIIII III IIIIII IIIIII III VIII IIII IIII 04/2 8/r,20o5 Ot75tP PagcB'.435of 15 I IIIIII VIII IIIIII VIII VIII IIIIII PRO IIIIIIIIIIIIIIIIIIIII 07/;5/2005 to ttA JECT FORE AGR $25 00 Thurston Co. Wa. CITY OF YELM AGR $33.00 Thurston Co. Wz State of Washington } } ss. County of Thurston } I, the undersigned, a Notary Public in and for the above named Counh' and State, do hereby certify that on this ~`.,{_ day of ~~1~~ I _, 2005, personally appeared beforeynie ~~~~~ ~ ~' ~7<',i~~~ ; ~ ~ to me known to be the individual described in and who executed the within instrument, and acknowlalge that shdhe signed and sealed the same as l~ free and voluntary act and deal, for the uses and purposes wherein mentioned. G1VE1y under. my hand and official seal the day and year last above written. ti:. - . - '~" ' ~ ~ `!~ NOTARY PU[3L{~C ins and f >r the State of Washington . ~~ .~.. ~;, ..; ~:.. '~'~ residing at_~>/., ~' f / _ - , My commission ex ires: '' ~~ . ~.. F)`~ ' ': ~~:. . ~~1. ,; 'r: .... State of Washington } ss. County of Thurston } 1, the undersigned, a Notary Public in and for the above named Counh~ and State, do hereby certify that on this day of , 2005, personally appeared before me to me known to be the individual described in and who exe~cutal the within instrument, and acknowledge that she/he signed and scaled the same as _ free and voluntary act and decd, for the uses and purposes wherein mentioned. GIVEN under my hand and official seal the day and year last above written. NOTARY PU[3LIC in and f ~' the State of Washington residing at _ My commission cxpires:__ 3 of3 IIIIII VIII IIIIII IIIII IIIII IIII IIIIIII III IIIII IIII IIII 0 7g 8.4 005 f 01518 CITY OF YELM AGR $33.00 Thurston Co. Wa. IIIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII oa9e5oos o~~srP PROJECT FORE AGR $25.00 Thurston Co. Wa. INSTRUCTIONS The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: (I) Monthly from November through April. (2) Once in late summer (preferably September). (3) After any major storm (use 1-inch in 24 hours as a guideline), items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. Page K - 14 3748455 3727536 III VIII IIII IIII 07!015./2005 { 0:518 I IIIIII VIII IIIIII III III 042 8/2005 G1? 1P IIIIIIIIIIiIII IIIIIIIIillllllllllllllllllll 5 illllllllll IIIIII VIII it CITY OF YELM AGR $33.00 Thurston Co. Wa. PROJECT FORE AGR $25.00 Thurston Co. Wa. ATTACHMENT "A": MAINTENANCE PROGRAM Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: COVER SHEET Insncctor's Sienattirc Paec K - I 3748455 3727536 IIIIIIIIIIIIII Page: 6 of 15 IIIIII Page: 6 of 7 IIIIIIIII (IIIIII 1111111 IIIlilll (IIII III 07/ 15/ III III IIIIII 20051. (IIIIII (IIIIII 0 ,1q IIIIII 04! II (IIII 28!20 IIII it OS 01 1P II 5 CITY OF YELM AGR $33.00 Thurston Co. Wa,PROJECT FORE AGR $25.00 Thurston Co. Wa. ~TTACHti9ENT "B" POLLUTION SOURCE CONTROL PROGR/~IVI Pollution sotuce controls arc actions taken by a person to reduce the amount of pollution reaching su_~face and ground waters. Controls, also called'Best Management Practices" (BMPs) may include: • Avoiding the activity • Altering the activity to be mote "environmentally friendly" • Routing contaminated runoff to a dedicated treatment area Copies of BMPs from the Departtttent of Ecology's Stormwater Management Manual for V~restern Washington are included at the end of this attachment Vegetation Management Plan All disturbed areas within the project limits have been seeded to control erosion and provide qualitative water treatment_ These areas must be maintained in order for the stormwater facilities to function correctly. Source Control Plan Source control can be rrtost effectively maintained by education of the residents within the subdivision. The residents should be aware of how the stotmwater is disposed of and that any contamination entering the disposal area may affect their drinking water. Souroe control language is included in the residential agreement. The following list includes some of the BMPs available for source control. • Assign one or more individuais to be responsible for stormwater pollution control Hold regular meetings to review the overall operalion of the BMPs. Establish responsibilities for irtspectiorts, operation and maintenance, and availability for emergency situations. Train all team members in the operation, maintenance and inspections of BMPs, and repotting procedures. • Promptly contain and clean up solid and liquid pollutant leaks and spills including o~Ls, solvents, fuels, and dust from manufacturing operations on any exposed soil, vegetation, or paved area. • Stencil warning signs at sto: mwater catch basins and drains, e.g., "Dump no waste." • Recycle materials, such as oils, solvents, and wood waste, to the rrbximum extent practicable. • Clean up debris from residential yard areas regularly. 3727536 3748455 IIII IIII 042 8.12005 01751P • 5 IIII VIII Pa e . 7 of 1 I III illll IIIIIIIIII 9 IIIIIiIII 1111111 III I II IIIIIIIIIIIIIIII 07/[5!2005 t0:t1R ROJECT FORE RGR $25.00 Thurston Co. lJa. (IIII IIII IIII P IIIIVIIIIIIiIIVIII II CITY OF YELM RGR $33.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Drainage Systems ~ Conditions To Conditions That F Featrue Problem Check For Should Exist M Structure Trash & Distance between debris buildup and bottom of All trash and debris removed debris orifice plate is less than 1'h feel (includes sedimrnt) A Structural Structure is not securely attached to manhole Structure securely attached to wall and outlet damage wall and outlet pipe structure should support at pipe. least 1,000 ands of u or down ressure. A Structure is not in upright position (allow up to Structure in cortect position. 10% from lamb). A Connections to outlet pipe are not watertight and Connections to outlet pipe are watertight; show signs of rust. structure repaired or replaced and works as deli ed. M Any holes~ther than designed holes-in the Structure has no holes other than designed structure. holes. M,S Cleanout Damaged or Cleanout gate is rat watertight or is missing. Gate is watertight and works as designed. ate missin A Gate cannot be moved up and down by one Gate moves up and down easily and is maintenance n. waterti t. M,S Chain leadin to ate is missin or lama ed. Chain is in lace and works as deli ed. A Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standards. M,S Obstructiotu Any trash, debris, sediment, or vegetation Plate is free of all obstructions and works as blockin the late. deli ed. M,S Overflow Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works as i tential of blockin I the overflow i desi ed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Corrtmrnts: Key A =Annual (March or April preferred) M =Monthly (see schedule) S = Afler major storms Page K - 17 IIIIII VIII VIII Pag 8485of 15 IIIIIIIIIIIII I I I I I I I I I I I 07 / 15 / 200 I VIII IIII IIII 5 10.11q CITY OF YELM AGR $33.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Drairuge System 0 Conditions To Conditions That F um Featurt Problem Check For Should Exist M,S General Trash, debris, Trazfi m debris in front of the catch basin No tratfi or debris focaud immediately in from and sediment opening is blocking capacity by more than 1(P/o. of catch basin opening. Grate is kept clean and in m on bazin allows water to enter. M Sediment or debris (in the basin) that exceeds No sediment or debris in the catch basin. Catch 1/3 the depth from the bosom of basin to invert basin is dug out and clean. of the lowest i into or out of the basin. M,S Trash m debris in any inlet or pipe blocking Inlet and outlet pipes free of trazh or debris. more than 1 /3 of its her ht. M Structural Comer of frame exunds more than 3/4 inch past Frame is even with curb. damage to curb face into the street (if applicable). frame and/or to slab M Top slab haz holes larger than 2 square inches or Top slab is free of holes and cracks. cracks wider than 1/4 inch (inunt is to make sure all material is tannin into the basin). M Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than 3/4 inch of the frame from the to slab. A Cracks in Cracks wider than 1R inch and longer than 3 Basin replaced or repaired to design standards. basin feet, any evidence of soil particles entering catch Contact a professional engineer for evaluation. walls bottom basin through cracks, or maintenance person 'ud es that structure is unsound. A Cracks wider than 1Q inch and longer than 1 No cracks more than 1/4 inch wide at the joint foot at the joint of any inleUoutlet pipe or any of inleUoutlet pipe. evidence of soil particles entering catch basin throw h cracks. A SettlemenU Basin has settled more than I inch or haz rotated Basin replaced or repaired to design standards. misali ent more than 2 inches out of ali ment. Contact a rofessional en ineer for evaluation. M,S Fire hazard or Pn-sense of chemicals such as natural gaz, oil, No color, odor, or sludge. Basin is dug out and other and gasoline. Obnoxious color, odor, or sludge clean. ollution noted M,S Outlet pipe is Vegetation or roots growing in inlet outlet pipe No vegetation or root growth present. clogged with joints that is more than six inches tall and less ve etation than six inches if you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: I~ev A =Annual (March or April preferred) M =Monthly (see schedule) S = AAer major stoma Page K - 18 IIII 3748455 III (IIIIII III VIII IIII 07lA15/2005 f 0:518 VIII IIIIII VIII VIII IIIIII CITY OF YELM AGR $33.00 Thurston Co. Ida. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage O Problem Condifions to Check For Conditions That Should Ezisl Svstcm Fcaturc M.S Crerteral Tr>$t 6t debris Durt4rmg of yud w~ics such as grass Remove trash and debris aid dispose as buildup in pond. clippings and branches into basin. Unsightly prescribed by City Waste Management accumulation ofnon-degradable materials such Section. az lass, laztic, metal, foam, and coated r. M,S Trash rack plugged Bar screen over outlet more than 25% wvered Replace screen. Retinue trash and debris or missing by debris or missing. and dispose az prescribed by City Waste Management Section. M Poisonous ve etatan Any poisonous vegetation which may constitute a hazard to the blic Exam les of Remove poisonous vegetation. Do not tation without h i l g pu . p s on vege ssppray c em ca poisonous vegetation include: tansy ragwort' obtaining guidance from the Cooperative poison oak, stinging nettles, devilsclub. Extension Service and approval from the Citv. M,S Fire hazard or Presence of chemicals such az natural gaz, oil, Find sources of pollution and eliminate pollution and gasoline, obrwzioaz color, odor, or sludge them. Water is free from noticeable color, noted. odor, or contamination. M Vegetation not rowin or is For grassy ponds, grass cover is sparse and wce or is over rown For wetland onds For grassy ponds, selectively thatch, aerate Grass cumn a d rese ds d g g overgrown g p , plants are sparse or invasive species are g , n pon . e unnecessary unless dictated by aesthetics. present. For wetland ponds, hand-plant nursery- own wetland plants m bare areas. ~ ontact the Cooperative Extension Service for direction on invasive species such as purple IoosesMfe and reed canary ld h if ave un grass. Pond bonoms shou orm dense cov a of desired lant s ecies. M Rodent holes Any evidence of rodent holes if facility is Rodenu destroyed and dam or berm acting az a dam or berm, or any evidence of repaired. Contact the Thurston County water piping through dam or berm via rodent Health Department for guidance. holes. M Insects When insects such az wasps and homeu lnsecu destroyed or removed from site. interfere with maintenance activities, or when Contact Cooperative Extension Service m uitoes become a nuisance. for uidance. A Tree growth Trce growth does not allow maintenance Trees do not hinder maintenance access or interferes with maintenance activity activities. Selectively cultivate trees such (i.e., slope mowing, silt removal, or equipment az alders for firewood. movemenu). If tree are not interfering with access, leave trees alone. M Side slopes of d Erosion on berms Check around inleu and outleu for signs of Find causes of erosion and eliminate pon or at entrance/exit erosion. Check berms for si s of sliding or them. Then slopes should be stabilized by settling. Anion is needed where eroded using appropriate erosion control damage over 2 inches deep and where there is measure(s); e.g., rock reinforcement, retinal for continued erosion. lantin of s, coin action. M Storage area Sediment buildup i d Accumulated sediment that excceds 10% of the d i d i d d h B d i ll Sediment cleaned out to designed pond n pon es gne pon ept ur orpart e a y shape and depth; pond reseeded if buried outlet structure probably indicates necessary to control erosion. si 'ficant sediment de siu. A Pond dikes Settlemenu Any paA of dike which has settled 4 inches Dike should be built back to the design lower than the desi elevation. elevation. A Emergency Rock missing Only one layer of rock exisu above native soil Replace rocks to design standards. overflow/ in area 5 square feet or larger, or any exposure illwaY of native sod. One Time Emergency Overflow missing Side of pond has no area with large rocks to Contact City for guidance. overflow/ handle emergency overflows illwa If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Commemu: A =Annual (March or April preferred) M =Monthly (sce schedule) S =After major storms Page K - 19 3748455 III 07 9 5.12005 0 0 15R 1111111 IIIII IIIII IIII IIIII IIIII III 111111 IIII IIIII Wa III Co. CITY OF YELM AGR $33.00 Thurston ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feanne M,S General Trash & debris Sec Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. build in nd M Poisonous See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. ve etation M,S Fire hazard or See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. olluiion M Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. growing or is over wn M Rodent holes See Maimenance Checklist for Ponds. See Maintrnance Checklist for Ponds. M Insects Sec Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. A Storage area Sediment buildup A soil texture test indicates facility is not Sediment is removed and/or facility is m system working at its designed capabilities or waz cleaned so that infiltration system works incorrectly designed. according to design. A sediment trapping area is installed to reduce sediment trans rt into infiltration area. A Storage area A soil texture test indicates facility is not Additional volume is added through drains slowly working at iu designed capabilities or waz excavation to provide needed storage. (more than d8 incorrectly designed. Soil is aerated and rototilled to improve hours) or drainage. Contact the City for overflows information on its requirements regarding excavation. M Sediment Any sedimrnt and debris filling area to 10% of Clean out sump to design depth. trapping area depth from sump bottom to bonom of outlet pipe or obstnutmg flow into the connector i . One Time Sediment Stormwater rnters infiltration area directly Add a trapping area by constructing a trapping area not without treatment. sump for settling of solids. Segregate present settling area from test of facility. Contact City for dance. M Rock filters Sediment and By visual inspection little or no water flows Replace gravel in rock filter. debris thro h fiber Burin heavy rain storms. if you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = Afier major storms Page K - 20 IIIIIIIIIII Pa98455 of 15 I IIIIII II IIIIIIII IIIIIIII III III IIII 0~/, IIIIIIIII 5/200510 11R CITY OF YELM AGR $33.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exisl System FcaLae A Rock pad Missing or moved Only one layer of rock exists about native soil Replace rocks to design standard. rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock. Add large rock (~30 Ib. each) so that rock trench for rock is visible above edge oftrench. discharge from nd M Dispersion Pipe plugged Accumulated sediment that excceds 20% of the Pipe cleaned~flushed. trench with sedimrnt deli d th. M Perforations Over 1 /Z of perforations in pipe are plugged Clean or replace perforated pipe. lu ed with debris and sediment. M,S Not discharging Visual evidence of water discharging at Trench must be redesi ed or rebuilt to water property concentrated points along trench (normal standard. Elevation o lip of trench condition is a "sheet flow" of water along should be the same (flat) al all points. [tench). Intent is to vent erosion dams e. M,S Water flows out Maintenance person observes water flowing Facility must be rebuilt or redesigned to to of " out during any storm less than the design storm standards. Pipe is probably plugged or "distributor or it is causing or appears likely to cause damaged and needs replacement. etch basin darns e. M,S Receiving area Water in receiving area is causing or has Stabilize slope with mss or other over-saturrued tattial of arxsi Lordslide. etatio4 or rock if wndition is severe. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 21 3748455 IIII Page: 12 of 15 IIIIIIIII o~rtsrzoos to:11R IIIIIII III IIIIIIIIII IIIIIIIIII 111111 111111 CITY OF YELM AGR $33.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist Systcm Feature M General Missing or Any defect in the fencc or screen that permiu Frnce is mrnded or shrubs replaced to brokrn pans/dead easy rntry to a facility. form a solid barrier to entry. shrubbe M,S Erosion Erosion has resulted in an opening under a Replace soil under Erna so that no frnce that allows en le or o nin exceeds 4 inches in het ht M Unruly Shrubbery is growing out of control or is Shrubbery is trimmed and weeded to vegetation infested wtth weeds provide appealing aesthetics. Do not use chemicals to control weeds. A VI'ire Fences Damaged pans Posts out of plumb more than 6 inches. Posu plumb to within I %z inches of lamb. A To rails bent more than 6 inches. To rail free of bends ter than 1 inch. A An offence (including pose, top rails, and fabric) more than 1 foot out of destgn Fenn: is aligned and meeu design standards. alt ent. A Missin or loose tension wire. Tension wire in lace and holdin fabric A Missing or loose barbcd wire that is sagging Barbed wire in place with less than 3!4- more than 2%z inches between pose. inch sag between posts. A Extension arm missing, broken, or bent out of Extension arm in plan with no bends sha more than 1'h inches. Jar er than 3/4 inch. A Deteriorated Pari or pans that have a noting or scaling Structurally adequate pose or pare with a paint or condition that has affected structural adequacy. uniform protective coating. rotective coatin M t~penings in Openings in fabric are such that an 8-inch- No openings in fabric. fabric diameter ball mold fit thro If you are unsure whether a problem exisu, please contact the Jurisdiction and ask for technical assistance. Convnrnu: I.ey A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 22 IIIIII VIII IIIIII IIII Fag 8453 of 15 I VIII IIII IIIIII(III I 07/ 15/2005 10:11 IIIIIIIIIIII A CITY OF YELM AGR $33.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequrncy Drainage ~ Problem Conditions to Check For Conditions'Ihat Should Exist System Feahae M Grneral Damagod or missing Gate a broken, jaron~ ar missing. Pand has a fiurctianing ate to allow rntry components of people and marntenence equipment such as mowers and backhoes. If a lock is used, make sure City Stormwater Section field staff have a kev. M Broken or missing hinges such that gate g Hinges intact and tubed. Gate is working cannot be easily oprned and closed y a freely. maintenance rson. A Gate is out of plumb more than 6 inches and Gate is aligned and vertical. more than I foot out of deli ali ment. A Missing stretcher bar, streuher bands, and Stretcher bar, bands, and ties in place. lies If you are unsure whether a problem exisu, please contact the Jurisdiction and ask for technical assistance. Comments: F.ev A =Annual (March or April preferred) M =Monthly (see schedule) S = AI'ier major storms Page K - 23 3748455 I IIII 07 9 5.l 2005 010 .15R VIIIII IIIIII IIIIII IIIIII IIIIII IIIIIII VIII IIIIIII CITY OF YELM AGR $33.00 Thurston Co. Wa• ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Frequency Drainage O Problem Conditions to Check For Conditions That Should Exist S stem Featare M,S Pipes Sediment & Accumulated sediment that exceeds 20% of the Pipe cleaned of all sedimrnt and debris. debris diameter of the i M Vegetation Vegetation that reduces free movement of All vegetation removcd so water flows water throw i freely throw i es. A Damaged (rusted, bent or cntsbed) Protective coating is damaged; ntst is causing more than 50% dete i ti t t f Pipe repaired or replaced. , r ora on o any par o i . M Any drnt that significantly impedes flow (i.e., Pipe repaired or replaced. decreases the cross section area of pipe by more than 20%). M Pipe has major cracks or tears allowing Pipe repaired or replaced. undwater leaka e. M,S Open ditches Trash & debris Dumputg of yard wastes such as grass cli in s and branches vtto basin Unsi htl Remove trash and debris and dispose as t Ma a ement bed b Cit W g pp . g y accumulation of non~e radabk mat i l h n g y y as e prescn ti S er g a s suc ec on. as lass, lactic, metal, four, and coated r. M Sediment buildup Accumulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris desi de th. so thaz it matches desiazt. A Vegetation Vegetation (e.g., weedy shrubs or saplings) that reduces free movements of water through Water flows freely through ditches. Grassy vegetation should be left alone. diuhes. M Erosion damage See Ponds Checklist. See Ponds Checklist to slo A Rock lining out Maintenance person can see native soil beneath Replace rocks to design standard. of place or the rock lining. missing (tf livable) Varies Catch basins See Catch Basins Checklist. See Catch Basins Checklist. M,S Swales Trash & debris See above for Ditches. See above for Ditches. M Sediment buildup See above for Ditches. Vegetation may need to be replanted after cleanin . M Vegetation not Grass cover is sparse and weedy or areas are Aerate soils and reseed and mulch bare growing or overgrown with woody vegetauon. areas. Maintain grass height at a overgrown minimum of 6 inches far best stormwater treatment. Remove woody growth, recontour, and reseed as necessary. M,S Erosion damage See Ponds Checklist See Ponds Checklist to slo N1 Conversion by Swale has been filled in or blocked by shed, If possible, speak with homeowner and homeowner to woodpile, shrubbery, etc. request that Swale area lx restored. incompatible use Contact City to nproblem if not ' rectified voluntan Iv. A Swale does not dr in Water stands in Swale or flow velocity is very l St ti A survey may be needed to check grades. a ow. s agna on occurs. Grades need to be in I-5% range if possible. If grade is less than 1 %, underdrains may need to be installed. If you are unsure whether a problem exisu, please contact the Jurisdiction and ask for technical assistance. Conunents: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 24 IIIIII VIII VIII Fag 8455 of 15 VIII VIII IIIIII 07„5,2005 ,0 , 1R VIII III IIIIII III IIII CITY OF YELM AGR $33.00 Thurston Co. Wa. a~ ~H~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 ,~,r~~„~„ (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: May 4, 2005 Re: SUB-03-8346-YL, Buckhorn Estates Final Plat Enclosed please find the final recorded documents for Case Number SUB-03-8346-YL, Buckhorn Estates, a 21 lot single family subdivision on 4.81 acres, located on Mountain View Road Southeast in Yelm, Washington. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\8346 Buckhorn Estates Pre & Final\Buckhorn Final\dist final plat memo.doc YELM CHAMBER OF COMMERCE YELM POST OFFICE Project Fore PO BOX 444 POSTMASTER Barry Howard YELM WA 98597 945 113th Ave. SE Olympia, WA 98501 Bluhm 8~ Associates 2M Enterprises OWNER 1068 S. Market Blvd. Karl Lundberg Chehalis, WA 98532 15345 Bunwood Blvd., Ste. 302 Tukwila, WA 98188 SHELLY BADGER BARB BANGE KEN BECKMAN CITY OF YELM CITY OF YELM ACCOUNTING YCOM NETWORKS PO BOX 479 DEPARTMENT PO BOX 593 YELM WA 97597 PO BOX 479 YELM WA 98597 YELM WA 98597 ERLING BIRKLAND GARY CARLSON JOHN DICKENSEN YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY PUGET SOUND ENERGY PO BOX 476 DEVELOPMENT 2711 PACIFIC AVENUE SE YELM WA 98597 PO BOX 479 OLYMPIA WA 98501 YELM WA 98597 JIM GIBBON CHIEF RITA HUTCHESON RENATA IRELAND CITY OF YELM COMMUNITY THURSTON CO. FIRE DISTRICT #2 LEMAY, INC. (or Dick Rehn) DEVELOPMENT PO BOX 777 13502 PACIFIC AVENUE PO BOX 479 YELM WA 98597 TACOMA WA 984440459 YELM WA 97597 CHIEF MARK KING DAVID LEE STEPHANIE RAY THURSTON CO. FIRE DISTRICT #2 VIACOM CABLE CITY OF YELM PUBLIC WORKS PO BOX 777 2316 SOUTH STATE YELM WA 98597 TACOMA WA 98405 TODD STANCIL GLEN THARP BILL TURNBULL CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY THURSTON COUNTY COMMUNICATIONS COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 OLYMPIA WA 98501 Tuesday, May 03, 2005 Final Plat Recorded Distribution of Final Plat Recorded Documents: Name Full Size 11 x 17 O=Original C=Co Shell X Ma or X Police Chief X Barb Bane X Buildin Official X Cit En ineer X Fire District -~ X ~ Public Works Proj mgr X X Copies of all O-Bill of Sale O-Warrant YCOM X PSE X Thurston Co. Com X Yelm Comm. 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(W~O,I~O WpW~Wp w, {/~ 1/~ m CI7 O1w ~ \,''- rIJ1 Lf'Y AN1NN bpO pO VVOrUU VpV Vr4S+V{0, ,N~~QO Vbmlr l.~O~mpVNOVO~bObiQONOU1.~a~~~i~ O nlA ~ cyj ~ ppN N ~ tl.~i ~. : ~ i ~ ~uU Y'OO QI`!U~H4lhU VUiW boo OD ~VNi ^ ry~ (.~r~ r~ (,, (,,p p O O W C)'1U 1' O M~ ~ ' ~a'~OUmba UOAUT~-+•oNi o~oNiNm OH08 qq 2 wa ~ ~ ~ ~ .~.1C1 FOR ~abR ~IOj ~G~O~~A~Otw A NOOOONN W ~ ~ `_ `V 9 -{~ ~\ ~{~,,`~ O /`\~ eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement Waiver of Protest Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 S W '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceUAccount Number: 21713310101 3727539 IIII 042 8.l 2005 01451P I IIII (IIII 1111111 IIIIII IIIII IIIII 1111111 IIII IIIIII I Wa . .,,,.,.~~T cncc QGR $22.00 Thurston Co. AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this 2 7~ day of ~ pr. I , 2005 , by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and PROJECT FORE - Barr~Howard -Owner, hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: Tax Parcel Number 21713 310101 described as the S 1 /2; N 1 /2; NE 1 /4; S W 1 /4 of Sec.13; T 17N; R1E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of Thurston County, Washington. and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter. Page 1 of 3 3727539 III IIII 04 28/2005 01451P II III VIII I IIIIIIIII iillllilll Illilll illlilil II PROJECT FORE AGR $22.00 Thurston Co. Wa. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: X Sanitary sewer system improvements; X Water system improvements; Storm water system improvements; X Street improvements; Street Lighting improvements; X Sidewalk improvements; which improvements are more specifically described as follows: The extension of street frontage improvements, water, and sewer on the Northern portion of Buckhorn Estates along Mountain View Road SE. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of the lnstrument, "rights of protest" shall mean only those tormal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council aflu~ming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. S. If the OWNER fails to perform in good faith in accordance with this instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies. 6. The OWNER hereby declares that PROJECT FORE- Barry Howard- Owner is/are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. Page 2 of 3 3727539 IIIIII III VIII IIII IIII 04 2 8.12005 01451 P IIIIIIIIIIIIIIIII IIIIIilllllllll I PROJECT FORE AGR $22.00 Thurston Co. Wa. 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of the Instrument shall be a period often years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first hereinabove written. CI Y$ M` Y~ " r STATE OF WASHINGTON COUNTY OF THURSTON OWNER ~ / ss. On this (~Srday of~~, 20~ personally appeared before me ~ ~ '~-l~ to me known to be the individual(s) and/or corporate officers described in and who executed the witt in and foregoing instrument and acknowledged that ~t,g~ signed the same as ~'S free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. _~ ?`, ,_~. '_ ..~'_s1l ,~~r. J. ~'..,~ ~: fir.. ,,i. •,~,~ CITY OF YELM Notary Public in and for the State of Washington, residing at ~_ Page 3 of 3 My Commission Expires: 3727539 IIII IIII 04 2 8./ 2005 01451 P II III IIII Iillllli IIIIIillll Iilillllll Illiillll PROJECT FORE AGR $22.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman D Box 479 elm. WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 SW '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParcellAccount Number: 21713310101 3727538 II VIII IIII IIII 04 2 8•J 2005 01251 P IIIIIIIIIillllll IIIIIIIIilllill IIIIIiIi PROJECT FORE MISC $20.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this ~_ day of o~~ ~ , 2005 by and between PROJECT FORE (Barr~Howard -Owner) hereinafter called the grantor(s), and the Ci of Yelm a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated "within and fronting the plat of Buckhorn Estates": 1. The sewer main, the S.T.E.P. system service laterals from the tank to the sewer main, tanks, pumps, and pump controls lying within and fronting Buckhorn estates. 2. The water main, waterlines, water meters, hydrants, valves, and controls lying within and fronting Buckhorn Estates. -rt,,......,.,*,,./ol hnrn}av aaramante char hP~~hPIrhPV are the ~nle nwner(sl of all the nroaerty above conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making cl/aims thereto. Dated at Yelm Washington, this ~_ day of /~f'n s/~ , 2005. X 0~--.1~ ;~- (granto (grantor) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that ,~~~~, ~ ' ~' (is/are) the person(s) who appeared before me, and said person(s) acknowledged that _ ~ (helshe/they) signed this instrument, and acknowledged it to be h ~ 5 his/her/their free and voluntary act for the uses and purposes therein mentioned. ' r~ "Given under my hand and seal this day of /~~~~Vt~ , 2005. ' " ~. Notary Pub >> >cl nand for the i ,' ' ~- ~~...~.. .~' State f Washington, residing in '• ^-~ ~~.^. ~~~--y= `•' • :~'• My comm~ss~on expires: ~~ ~~ .:~~ysteni(s) accepted by the City of Yelm this Z ~ day of ~~• .' ,2005. City of Yelm By: ~~~~ /~ i 3727538 IIII IIII 04 2 8.12005 01251 P III VIII IIIIIII IIIIIII IIIIIII IIIIIII (IIIIIII III PROJECT FORE MISC $20.00 Thurston Co. Wa eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buclchorn Estates Division II Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 S W '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceVAccount Number: 21713310101 IIIIIII Pag 75i5of 9 VIII IIIIIII IIIIII IIIIII IIIIII IIIIII IIIIII 0 VIII 4128/ I 200 PROJECT FORE 5 o1.51P MISC $27.00 Thurston Co. Wa, t A?t f k, ~ ~ ~ '1 To: Re first American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, V1IA 98503 (360) 491-1606 - FAX (360) 352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360) 491-1606 (253) 671-5815 (253) 671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com Coldwell Banker Evergreen File No.: 4299-355596 3333 Capitol Blvd S Your Ref No.: Olympia, WA 98501 Attn: Karen Morgan Property Address: 8945 Mountain View Road Southwest, Yelm, WA 98597 Supplemental Report No. 1 Dated: March 24, 2004 at 8:00 A.M. Commitment/Pre/iminaryReport No, 4299-355596 dated as of March 16, 2004 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 3 & 4 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 10 has/have been added to our Commitment/Preliminary Report to read as follows: 10. Terms and Conditions of City of Yelm Ordinance No. 607 recorded September 3, 1998 under Auditor's No. 3176833. First American Tit/e Insurance Company ay: Randy ,Hudson, Tit/e Officer IIII 3727535 II IIII Page: 2 of 9 IIIII 1111111 IIIII 111111 IIIII 4 III IIII 0 /26/ IIIII 2005 IIII 01.51P PROJECT FORE MISC $27.00 Thurston Co. Wa. Page 1 of 1 Form No. 1068-2 ALTA Plain Language Commitment t• ~ a •t• 70: Re: Commitment No.: 4299-355596 Page 1 of 8 First American Tit/e Insurance Compan,~ Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360) 491-1606 - FAX (360) 352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360) 491-1606 (253) 671-5815 (253) 671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com Coldwell Banker Evergreen 3333 Capitol Blvd S Olympia, WA 98501 Attn~ Karen Morgan File No.: 4299-355596 Your Ref No.: Property Address: 8945 Mountain View Road Southwest, Yelm, WA 98597 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B. 3727535 VIII III VIII IIII IIII 04 g 8•/2005 01951 P IIIIII IIIIII III IIIIII IIIIIIIIIII PROJECT FORE MISC $27.00 Thurston Co. Wa. First American Tit/e Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: March 16, 2004 at 7:30 A.M. 2. Policy or Policies to be issued: Commitment No.: 4299-355596 Page Z of 8 AMOUNT PREMIUM TAX Standard Owner's Coverage $ 900,625.00 $ 878.00 $ 73.75 Proposed Insured: Harr Family Homes Inc. Extended Mortgagee's Coverage $ To Follow $ 0.00 $ 0.00 Proposed Insured: To Follow 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Barry Howard, as his separate estate 4. The land referred to in this Commitment is described as follows: Real property in the County of Thurston, State of Washington, described as follows: Lot 2 of Large Lot Subdivision No. LLS-0437 as recorded in Volume 3 of Large Lot Subdivisions, Pages 150 through 153, inclusive and recorded under Recording No. 8708060055; Excepting therefrom that portion conveyed to Thurston County by Deed recorded under Recording No. 9404210272; Being known as Proposed Plat of Buck Horn Estates. In Thurston County, Washington. APN: 21713310101 I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII 04 2 8l~,2005 01951 P PROJECT FORE MISC $27.00 Thurston Co. Wa. first American Title Form ivo. X068-2 Commitment No.: 4299-355596 ALTA Plain Language Commitment Page 3 of 8 SCHEDULE B SECTION I REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) (C) (D) (E) (F) (G) Pay us the premiums, fees and charges for the policy. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. Releases(s) or Reconveyance(s) of Item(s): Other: You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: I II 3727535 II IIIIII IIIIIIIIIIII I 0428•/2005 01g51P I VIII IIIIII IIIIII III IIII IIIIII PROJECT FORE MISC $27.00 Thurston Co. Wa. First American Title Form nio. 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION II EXCEPTIONS Commitment No.: 4299-355596 Page 4 of 8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for unincorporated Thurston County is at 1.53%. Levy/Area Code: 170 2. General Taxes for the year 2004. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21713310101 _.~ i5~ riau Amount Billed: $ 1,429.05 Amount Paid: $ 0.00 Amount Due: $ 1,429.05 Assessed Land Value: $ 78,000.00 Assessed Improvement Value: $ 124,700.00 2nd Half Amount Billed: $ 1,429.06 Amount Paid: $ 0.00 Amount Due: $ 1,429.06 Assessed Land Value: $ 78,000.00 Assessed Improvement Value: $ 124,700.00 3. Current liability for assessments to Thurston County District No. 607. 4. Future liability for assessments to Thurston County District No. 607. S. A lease and the terms and conditions thereof. Lessor: Barry Howard, d/b/a Projectfore Lessee: Ronald Hamblen and Sharon Hamblen, husband and wife Term: 24 months Dated: March 04, 2003 Recorded: March 04, 2003 Recording Information: 3508496 6. A lease and the terms and conditions thereof. Lessor: Barry Howard, d/b/a Projectfore Lessee: Ronald Hamblen and Sharon Hamblen, husband and wife Term: 24 months Dated: March 04, 2003 Recorded: March 04, 2003 Recording Information: 3508497 III IIIIII IIIIII III IIIIII IIIIII III IIIII IIII IIII IIIIIIIII PROJECT FORE MISC $27.00 first American Title 3727535 Page: 6 of 9 04/28/2005 01 51P Thurston Co. Wa. Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4299-355596 Page 5 of 8 7. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by Barry Howard DBA Projectfore, is being sent to Coldwell Banker Evergreen and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. Items 1 through 6 on Exhibit A herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. 8. The terms and provisions contained in the document entitled "Declaration of Large Lot Subdivision and Covenants" Recorded: August 06, 1987 Recording No.: 8708060055 9. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded April 21, 1994 under recording no. 9404210272. 3727535 IIII IIII IIII 042 8.!2005 01g51P IIIIIIIIIIIII IIIIIIIIIII IIIIIIII IIIIIIIII II PROJECT FORE MISC $27.00 Thurston Co. Wa. FirstAme~ican Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4299-355596 Page 6 of 8 INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot 2, Large Lot Subd. LLS-0437, Vol. 3, P. 150-153. APN: 21713310101 3727535 IIII IIII IIII 04 2 8.12005 O 1951 P IIIIIIIIIII III III VIII IIIIIIIIIIII IIIIIIII PROJECT FORE MISC $27.00 Thurston Co. Wa. First American Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4299-355596 Page 7 of 8 CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. 3727535 II IIII 04 Z 8.12005 01951 P IIIIII IIIIII IIIIII IIIIIIII IIIIII IIIIII IIIIII (IIII PROJECT FORE MISC $27.00 Thurston Co. LJa. FirstAme~ican Tit/e After Recording Return to: Bryce H. Dille of Campbell, Dille, Barnett, Smith & Wiley, PLLC 317 South Meridian Puyallup, WA 98371 Thurston County Treasurer Real Estate ExciseTaxpaid i - ~) C^~.~ By C " ~ ` ~,~,,1,vnep„ty DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR BUCKHORN ESTATES ~rC~Pcf F'G.'C~ .!-tiC. Gi LL•`CS~)~n5~c1,~ dpi-~.ic~:c~fi6st ~JlG11lV1. 1 lv~~.vi a Vii., aaa~., u ....ua`•"b""' "•'•Y~•---•~--- lJrantee: Fsucichom instates Legal Description (abbreviated): Lots 1 through 21 of the plat of Buckhom Estates, as recorded under Thurston County Auditor's Recording Number Assessor's Tax Parcel No.: 21713310101 The Declarant herein as the owner in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefit of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall runwith the land as easements and equitable sen•itudes, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pa{1 e 1 of 38 C.DATA~D'9HD~M,Pro~ea Font, Inc~Declontro.wpd b Pag 6341of 38 I VIII) VIII IIIIII II o4t9 6342of 38 IIII III VIII VIII 25 / 2005 12 : 04P IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 04/25/2005 12 O4P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering/his Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to Tract A delineated on the plat of Buckhorn Estates. Common areas shall also mean the property both real and personal • ..>+:..>, .~,e n ,. .,«;,,,, r,~~ r,PP„ r.ranrPrt an nu,•nPt~h;n ;nterett. easement. or rieht of control ~--~:_ L• r ..t... .:,... ,...1...,7~t:..e: t:~^. .,.i Tle~l~r~ti~^.,fr},P Uy ally WllllGll 1LJU UllIGIIt 111~.1LLU1u~tLiJ L~.wuauu vu w v~ u ,.,. .... .~ ... ---- same on the plat map recorded under the above referenced recording number. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer-Declarant" The Developer-Declarant shall mean Project Fore, Inc., a Washington Corporation. However Developer shall also include any entity which purchases multiple lots for the purposes of constructing residences thereon. At such time as Project Fore, Inc. has sold all of its lots, then a purchaser of those lots shall have all of the rights as Declarant hereunder and Project Fore, Inc. shall no longer be considered a Declarant or Development at the time of the sale of all of the lots. 9. "Development Period" shall mean the period of time from the date ofrecording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75°'0 of all of the lots have been closed and sold to other than Developers. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 2 of 38 I:~DATA ~D DHD N.Projea Fone, 1ne~Declaatun.wpd p Pag 6.3 005 f 2304P IIIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII Oa g 63 oos 12304P III IIII IIII 04 / 25 IIIIIII IIIIIII IIIIII IIIIIII (IIIIIII iillllll I PROJECT FORE, INC COV $56.00 Thurston Co. Wa. NC EAS $19.00 Thurston Co. lJa. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mote or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall refer to one of the Lots located in the Real Property described herein. (Lots 1 through 21 of the plat of Buckhorn Estates.) 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed oftrust encumbering a Lot or ocher portion of the Properties. + c un__._.._++..t...tt ... .. ~l.e .. n..7a.i ...mo. of ~ T nt +vhvthPr nnP nr mnrP nPrcnnC ,... 1/. I.JWU\.l J114la iiiVUU•uv•vvv••+vuv•.••.+•...«...... _, ...._.~___~_________r____ or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as Lots 1 through 21 of the plat of Buckhorn Estates. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TR'O: 1<'IANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant, Project Fore, Inc., or its successor Declarant, shall appoint the sole director ofthe Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declazant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 3 of 38 I:~DATA\D9HD'.At.Ropn Font, Inc,pecimtoo.wpd p 3726341 IIII IIII (III 042 SI2005 f 2304P 3726342 IIIIIII IIII Page: 3 of 38 Iilllllllllil IIIIIIIIIII ~~~~~~ Iiilll i ~ ~~~~~ ~~~ III Iillll IIII 041 IIIIIIIII 25120051. II III (IIII 2 04P IIIIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Jection 1 hree: Authorin•oi association After ueveiopment reriuu. cat inr expiraiivu of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Decimation. Such authority shall include all authority provided for in the Association's Articles, Bylaws, Hiles and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of.Authority. The Board of Directors or the De~•eloper may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Fi~•e: Notice to O~rners. 1\ot less than ten nor snore than thirty da}~s prior to the termination of the development, the Declarant or any Developers who then constitute the Board, shall give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws which Members shall then elect directors in accordance with the terms and provisions ofthe Articles of Incorporation and by-laws of this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 4 of 38 I:~DATA~DUIHDM,Projea Fon:. Inc'~Declus~nn.wpd g Pag 63 41of 38 IIIIIII VIII IIIIII IIIIII III VIII IIIIIII ( 04 9 63 oos `z3o4P 04125!2005 12.04P II VIII IIII IIII IIIIII VIII IIIIII IIIIII I II VII I IIIIIII III VIII IIII II PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mall or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS co,..;,,„ n„A• ('nn~•P~•anrPnf('n,rmnn 4reae: t!nnn recordinEOfthis Declaration. and under the terms of the plat, the i'~eeiarant does hereby yuii ciaiiii, cuuvcy ai,u t, a~,s ~r all of its right, title and interest in and to Tract A as shown on the plat of Buckhom Estates to the Buckhom Estates Homeowners Association; reserving, however, to the Declarant for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, and occupation and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. These tracts and other properties and improvements as described herein are referred to as the "Common Areas" together with any other easements which are defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Riehts in Common Areas: The Association shall ha~•e the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas subject to any restrictions delineated on the plat of the properties. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and incompliance with all applicable codes and regulations. The common areas shall include DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 5 of 38 I'~DATA ~D9HD'JN~Pro~ec~ Fore, Inc~Decluatnn rpd p II IIII 3726341 II IIIIIII III VIII it 04 g 5 / 2005 ` 2304P Pag 63 52of 38 IIIIIIIIIIIIIii IIIIIIIIIillll VIII II VIII I Illilllii Iillllllil IIIIIII II 0412 / i VIII IIII i 5 2005 12 4 III 0 P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC ERS $19.00 Thurston Co. Wa. but not be limited as defined below together with all easements which are for the benefit of all lot owners. These common areas include but are not limited to the following: A. Tract A is a storm drainage pond; B. Any entry and/or monument improvements thereon which may be constructed by the Declarant. C. All easements which have been established for the benefit of lot owners or the Association or which may be delineated on the plat of Buckhorn Estates, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. co,..;,,,, Ta•n• Ctonrl~rrt of ~/laintr nanrP - I me and Planting Strins. Each Lot O~cner ~~ -- - - J ,_: _ r . is ..i..a: „_..,r,. :a r ,,..t,e llerCOy CUVC[1Gill~ QIIU a~'lcGJ i~ -ilaiilidiu ui~ i c~~CCii'v~ a..v~ ~iii~.iuuiu~ u3 u Yw ~ w au.., ,_.,..,... Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot O~t'ner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and maybe collected and foreclosed in the same maser as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition o^ a Lot which pose a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association DECLARATION OF PROTECTIVE COVENANTS, CONDITION`S, EASEMENTS & RESTRICTIONS C,DATA~D~BHD.~f.Projen FoR, Inc.Dalaracun Bpd Page 6 of 3 8 3726341 IIIIII 3726342 Page : 6 of 38 VIII Page : 6 of 38 IIIIII IIIIII 1 .04P VII I 04125 / 2005 2 IIII (IIII ~~~~~~~~~~~~~~~~~~~~~~ VIII ~~~~~~~~~~~~~~~~~~~~~~ II ~~~~~~~~~~~ III (IIII 04, III 251 PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS 2005 t2.04P $19.00 Thurston Co. Wa, has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient ifattempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Cotnlnon Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: ThP rrat nrnr~tty taxes levied upon the Association for the Common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, signs, lights, s tolm water drainage system, fences constructed by the Declarant, any monument or entrance area, or any private roads, if any, within the plat. 4. Any other expense which may be designated as a common expense in the Declaration, any of the exhibits or from time to time by the Association. Section Five: Extraordinary Use Expenses. In the e~•ent that one or more lot on•ners should by their use of the common areas cause it to be subjected to other than reasonable weaz and tear or by their actions damage those common areas or any improvements located thereon or therein, then individual subjecting the common area to such use shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Six: O~ti•ners' Easements of Enjo~•ment. Each o~~•ner shall ha~•e a right in a easement ofenjoyment in and to the common areas which shall be appurtenant and to and shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 7 of 38 I-~DATAID DHD,AL Ro/ect Fort. Inc,Declanton Mid g 3726341 I IIIIII VIII 3726342 Page: 7 of 38 IIIIIIIIIIII Page: 7 of 38 III Iil 11111 11111 04/ IIIIIII II IIi 11111 25 / 20051. IIIIIII IIIIIIII 2 04P IIIIIIII 111111 IIIIIII (IIIIIIII o4l2s, III I zoos III ~z o4 P PROJECT FORE, INC EAS PROJECT FORE, INC COV $56.00 Thurston Co. Wa. $19.00 Thurston Co. Wa. pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant during the development period (including any Developer during the development period) or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her lot remain unpaid for a period not to exceed sixty days, for any, and each separate infraction of its prohibited rules and regulations. C. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility fir c„ch n„mncee and suhiect to such conditions as the Declarant or 1V1C1LUC1 J c1J aYYtl~aul~. tuay u~~.,i ~YYrvYiauw. . ,..... ......,........t....,.... period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots has been recorded. D. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Seven. Insurance. 1\othing shall be done or kept in an}~common areas «•hich will increase the rate of insurance on the common areas or other lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section 1sight. :Iteration of Common areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed iftwo-thirds of the Members of the Association authorize (1) the conswction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pape 8 of 38 Ii~DATA~~D9HD~M.Pro~ecf Fom, InaDetlvaiuawpd b 3726341 IIII Page . 8 of 38 I VIII 3726342 IIIIII 04/25/2005 12:04P IIII Page: 8 of 38 III VIII IIIIiII IIIIII IIII VIII IIIIII VIII IIII Iiill VIII IIIIII 4 IIII II 0 / III III II 2512 II III o0 IIIIII III 512. I 04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, fmm constructing or altering any such improvements to any common area or any common maintenance area, which Declazant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section 1\ine. Dumping in Common Areas. Common !Maintenance Areas. 1\o trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Ten. Landscaping and Fencine. 1\o permanent structures or landscaping of any kind, including fences, walls or shrubs, maybe built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the L~~_a T~: ,.t,:t,:t: ~1~311 nor ~,.,,1., r~ tt,P lanr~cranino an~1 any imnrovements In the aivu, v. . Y:,, . ...... .. ^rrv common matntenance areas tnstauea ny the ueciarant, nor mall this Seciiun prunioii ii,e Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation offences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered byutility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Eleven: Management. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and tray enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management maybe terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request Any fees or salary applicable to any such management employment or sen~ice agreement shall be assessed to each owner. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 9 of 38 Ii,DATA~D ~BHD1M~ProXCt fort, Im`~Declm~no.wpd g IIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII 0 4 /2 6132 0 0 5 `2304P III Pag 63 B of 38 Iilllllliil IIIIIIIIII Ililllll IIIIiII ill 04/ VIII IIII 25 / 2005 IIII 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. ARTICLE SEVEN: ASSESSMENTS Section One: ('ovenanu for !Maintenance Assessments. (a) Declarants, for each Lot owned by it, agrees, and each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. (c) Each assessment, together with interest, costs, and reasonable attome}''s c o~ ~>,~n ~i~., t,P rt,P .,a~c..nat ~l,t;v~r;nn r,frhP nPrcnn whn was the Owner of theLot assessed .....,.,............,....-----r------------o-- - at the time the assessment feii due. The personal ooiigaiiuu ~i>au uvi Baas -o uisr vw;.~e, successors-in-interestunless expressly assumed by them. The new Owner shall be personally liable for assessments which become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section T~t~o: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessment established for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 10 of 38 (`.DATA ~D9HD M.Project fon:, lne Declueton.r~pd O 3726341 I IIIIII IIII 3726342 I III IIIIII III IIII 04 2 5 / 2005 012 : 04P I IIIIII I ( Page : 10 of 38 II IIIII IIIIII IIII IIIII III IIIIII IIIIII l III IIIIII 04/25/20 IIIIII II IIII IIIII 05 12.04P IIIIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repairand replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully set forth. Section Four: Rate of Assessment. Both annuall}ror regular and special assessments shall be fixed at a uniform rate for all Lots. Section Five: Street Re,~air. '.Maintenance and Cleaning. All Developers or ov~ners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the road as a result of any construction activities and each Developer or owner shall at all times remain responsible for keeping the road clean of any such debris, dirt and material. In addition, all Developers or owners shall use due diligence :a . ,7., a +n +hcs Tn~ri nr cirta~vallrc anal all mark anti ciclevvalks and other improvements COnSLI'l1Cte(1 by the 1Jet;ldtdlli a~ a LOutituOli LvC Gvioiiliu~ plat aYYly"v di ~huu remain in the same condition as they were as of the date of final plat approval. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Buckhorn Estates Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Section SiY: 'Maintenance of Storm Drain System. All Developers or owners shall use due diligence to avoid materials from washing into or being put into the stoml water drain system as a result of construction activities conducted by the Developer or owner which would include any sediment, cement slurry, or any other material washing off of or coming off ofany lot upon which a Developer or owner are constructing a residence and flowing into the storm water drain system. In the event any Developer or owner are in violation of the terms and provisions of this paragraph, this Developer or owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant for each such violation by a Declarant or owner. In addition, each Developer or owneragrees to indemnify the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 11 of 38 I:~DATA~D9HDJ~1 J'rojea Fore, Ioc ~Declmtno.vpd g IIIIII 3726341 3726342 IIIIIIII Page: 11 of 38 Page: 11 of 38 III IIIIII IIIIII illllllll o III IIIIII 4/2512005 III IIII 12.04P IIIIIIIIIIIIII 04/25) IIII IIIIII III IIIiI 2005 , 2.04P IIIIIIIIIIIIII II III IIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the storm water system as a result of any violation of this paragraph by such Developer or owner and that this liability on the part of the Developer or owner shall be joint and several. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation ofthe above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) years after recording of this Declaration. Section Seven: C,~ital Fund Charee. At the time of closing, each lot o«•ner purchasing from the developer shall pay a cLapital fund charge of $300.00 which shall be paid ;..+.. +L.o a cenn:~tinn ~n~ Chall t1P 11CPrt hV ihP Accn~iatinn to fund the initial expenses of the .association. Section Eight: Annual Assessment. The annual assessment shall be 5300.00 per lot commencing on January 151 of each year. Each lot owner a lot shall pay the prorata portion of said annual assessment to the Association. In the event the expenses of the Association are in excess of the assessments collected, then the Developers who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such Developers. At such time as there had been sufficient assessments collected by the Association, then said Developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. During the development period, the Declarant shall have the authority to increase the annual assessment to reflect (1) maintenance costs, (2) repair costs, or (3) plat management costs. All increases during the development period must directly reflect increase in the above recited costs. During the development period, the Declarant shall have authority to reduce the annual assessments as economic data supports such a reduction because of reduced maintenance costs or other anticipated association expenses. After the development period expires, the board of directors shall fix the annual assessment in accordance with the above recited standards. Section i\ine: Certificate of Payment. The Association shall, upon n•ritten demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 12 of 38 L~DATA\DtBHDJ.(~Pro~ect Fore. Inc,Decl~oon.wpd g IIIIII VIII 3726341 3726342 IIIIII IIIIII Page : 12 of 38 Page : 12 of 38 IIIIIIII III IIIIiII III 04/25/ IIII VIII III IIIIIIII 200512. III IIIIII III 041 VIII 04P Illilllllilillllll 2512005 12.04P IIIlilllll PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Ten: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments maybe made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require by approved as provided by the By-Laws. Section Eleven: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition _ /-1-_ __. _L_„ L..._,.,..,.a „ ,.:~i ~~~P~~T.,Pnt ~f rhP C1wnPr finPrl- and maybe collected by V11111 ~.J~ JL4/l Vv la bua~.u ~.~.. .c. r.~v.._. .-_-.--------- -- ~-- ~ - 1_ the Associatton in the manner described in iui~ i~ct;taiaiiJu. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli ae lion. All assessments. together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section T«-o: Delinquency. If any assessment is not paid '.within thirty (30) da}•s after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEAiENTS & RESTRICTIONS Page 13 of 38 IaDATA.DBHD~M.Prolcci Foa, Inc~Deduamn.rpd 3726341 IVIII 3726342 Page: 13 of 38 VIII Page: 13 of 38 IIIIII VIII IIII III IIIIII IIII IIII IIII o IIII 412 IIII 512 IIIIII (IIII IIIIII IIIIII III (IIII IIIIIII III IIIIII I 04/25/2005 12.04P 005 12. 04P IIIIII PROJECT FORE, INC COV PROJECT FORE, INC $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa. Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: SusQension of Votine Riehts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period ofthirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Boazd begins an action to enforce any such rights, the prevailing party a__n t_ __.:.t_.7 .,, :«.. „««..r..o„+~ fouc rnctc aTl~ PYTPTICPC in~nrre(1 in the course of such J1141a vv ~.uaauw w a.u u..v......J .. .~~.,, _""_- - -'-r enforcement action as provided in this Declaration. ARTICLE NINE: ARCHITECTURAL CONTROL Section One: Development Period. The Declarant hereby reserves the right to exercise any and all powers and controls herein given to the Board of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. At the expiration of the Development Period, Declarant reserves the right to continue to exercise all powers and controls granted herein to the ACC and to appoint Members of the ACC until such time as there has been constructed on all lots a residence and said residence has been sold and conveyed by either a Developer or the Declarant. Section Tu•o: Authority of ACC After Relinquishment of Control by Declarant. At such time as all residences have been constructed on all lots and said residences have been sold and conveyed by either a Developer or the Declarant, the ACC shall have the authority and obligation to manage and administer the review ofbuilding plans, specifications and plot plans and such other submissions as described in this Article and to enforce those covenants, conditions, and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations as initially adopted or amended, and all authority granted to the ACC by this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 14 of 38 1:\DATA\D~DFID Af.Projca Font. Ioc~Dcclaratun.wpd b 3726341 I IIIIII III 3726342 IIIIIIII Page: 14 of 38 Page : 14 of 38 IIIIIIII IIIIIIII IIIIIIII 04125/ IIII IIIIII I 200512.4 IIIIII IIIIII 0 P Ilillll Iilllll 1111111 Illilil III III 04/25/ III III 2005 1 IIII 2.04 F PROJECT FORE, INC EAS PROJECT FORE, INC COV $56.00 Thurston Co. Wa. $19.00 Thurston Co. Wa. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Appointment of ACC. The Declarant during the development period reserves the right to act as the ACC orto appoint the Member(s) of the ACC. At such time as all of the lots have been sold by the Declarant and/or Developers, then the Board of the Association shall appoint at least one but not more than three Members of the ACC and if all the Members of the ACC shall resign and no replacements have been appointed by the Board, then the Board shall act as the ACC until the Members of the ACC are appointed by the Board. Section Five: Approval by ACC Required. Except as to construction. alteration, or improvements performed by the Declarant, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, :~,.,..:,...~ .,i„+ ..t.,.,~ ~n,t ta„~cranP plan chewing the nature. kind. shape, height, .i_ t.. materials, exterior color and iocation of such buiiuing, siruciu>.c ul o~ucC iniYiv'vC,iii~r~ts .,~.c been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon sun ounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Six: Time Limits. if the ACC or its authorized representati~•e shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack ofwritten approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Maid, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice ofassessment by the Board, or at such other address as is designated by the Board by written notice to the Members. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 15 of 38 I:~DATA.D~HHD.Af,Projm Fort. Inc~Declm~oawpd O I IIIIII 3726341 3726342 IIIIIII Page: 15 of 38 Page: 15 of 38 IIIIIII III III i I IIIII IIIII 04 IIIII II IIIII !25/2 IIII IIII IIII 005 12. IIIIII III 04P IIIII II III IIIII IIIIIII III IIIII 04/ I III 25!20 IIII O5 1 2.04P PROJECT FORE , INC COV A56.001 T1,. ~~~+..., r,. ~ i_ PROJECT F~RF Ttl(` me ~... ,.,. _. section Seven: Donation of Titme. 1\o member of the ACC shall be entitled to any compensation for services performed on behalf of the ACC. ACC members shall have no financial liability resulting from ACC actions. Section Eight: Address of the .ACC. The address of the ACC shall be at the registered office address of the Association. Section I;ine: Votin .ACC decisions shall be determined by amajority vote ofthe members of the ACC. Section Ten: Subtmission of Plans. All plans and specifications required to be submitted to the ACC shall be submitted by mail to the address of the ACC in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures: A Tl.o l..ror;nn of the ctnirtiirr ttnnn t}1P T .nt' ... ..._ ..,_.__..~ _- --- ----------- - a- t~. the elevation of the structure with reference to the existing and finished Lot grades; C. The general design; D. The interior layout; E. The exterior finish materials and color, including roof materials; and, F. Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the ACC in evaluating development proposals. Section Eleven: Evaluating Development Proposals. The ACC shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these guidelines, in evaluating development proposals, the ACC shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping of the proposed structure (the "design elements")harmonize with (1) the ~+arious features of the natural and built environment, (2) the aesthetic character of the other homes in Buckhorn Estates, and (3}any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The ACC shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the ACC, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature. ACC determinations may be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 16 of 38 1:\DATA\D9HDJ.f~Projm FoR, Inc`Declmruarpd g 3726341 3726342 Page : 16 of 38 IIII III IIII 04 g 5.12005 012 : 04P 04!25!2005 12:04P liilil III II Iiili IIIIIillll illlllllllll IIIIIIIII illlilllll 1111111 IIIIIIiI IIIIIIIiIII IIIIIillll III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. amended by a majority vote of ACC members. Any changes subject to review per the terms set forth herein which are undertaken without submission to the Architectural Control ACC shall be deemed to have been disapproved. The ACC has the authority to stop further work as well as the authority to have prior work undone. Section Twelve: Exclusions. The Declarant shall have the right to waive the plans and specifications review for Developers in Buckhorn Estates. Any such waiver shall not exempt said Developer from any of the standards or restrictions articulated in this Declaration and all structures and improvements shall meet all standards and restrictions contained in these declarations. Section Thirteen: Auproval Procedures. ~~'ithin fourteen (14) days after the receipt of plans and specifications, the ACC shall approve or disapprove the proposed structure. The ACC may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration and criteria orto its aesthetic standards. The ACC shall indicate its approval or disapproval on one of the copies of the plans and specification .,... 1•„ .,t .,.,d ~_ a L chnll .fir,^,-n rhP „lane art cnPr.ifratinn to the address shown on YiG v iu~.u v~ uav QF.Y i...... .... .. - r - Lne pL3IIS anQ SpeCIIlCatIOIIS. in t11C CVenl tllal uu ul~appluvat vi ~ut;u ~iauS diiu SYcG>.ir~aiiOu is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the ACC members (and the Declarant) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, ornon-action on any plans submitted for review. "Non-action" on the part of the ACC shall not exempt the applicant from any of the provision of this Declaration or the restrictions articulated herein. By purchasing a Lot in Buckhorn Estates, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the ACC. Section Fourteen: Col~liance n~ith Codes-Environmental Laws. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The ACC has no responsibility for ensuring that plans and specification which it reviews comply with local building codes and requirements. The Owner shall hold the ACC members (and Declarant) ham•Iless in the event that a structure which the ACC (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the ACC or acting on behalf of the ACC, nor the Declarant acting as the ACC, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which are approved by the ACC or Declarant nor shall any member of the ACC or any person acting on behalf of the ACC or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specification approved by the ACC or by the Declarant. Neitherthe DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 17 of 38 IP.DATA.D,DHDJf,Pro~ea Fon:, IncDccivnnn.wpd IIIIII VIII IIIIII IIIIII III VIII IIIIIII III IIIIII III IIII 04 g 63 005 ~ z o P Pag 6347 of 38 IIIIIII I VIII IIIIIIIII VIII VIII illillll II IIIIII 04 / 2 III IIII 512005 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Declarant, the ACC, nor any member of the ACC, nor the Association, nor anyone acting on behalf of the ACC or the Association shall have any responsibility for compliance by the Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil tanks. Section Fifteen: Variation. The ACC shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (l) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the ACC determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. T7_ _ ~ !. ..1...7: .1... rlnnln ..• 1•.n1~n1F JeCtlOn J1xreCn: L111UI1C111Cl11, lllC r1JJl.7LidtiOu ~iuuuuin~ ~u~ ,~.....~r0a.. ~„ .,....... of the Association), Board, or any Owner shall have the right to bring a suit for judicial enforcement of a determination of the ACC, or, after the Development Period, to seek an order requiring the ACC to exercise its authority, and perform its functions, under this Article Nine. In any judicial action to enforce a determination of the ACC, the losing party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. Section Seventeen: ACC Declarant Liabilit<~. The Association shall hold the ACC Members and the Declarant, if acting as the ACC, harmless from any actions taken (or actions not taken} under any provision of this Declazation, including, but not limited to, actions taken (or not taken) under the Articles of this Declaration. By purchasing a Lot in Buckhorn Estates the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of the Declarant), nor the ACC (nor any member of the ACC) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the ACC under this Declaration. "Non- action" on the part of the ACC or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration. Section Eiehteen: Guidelines. The ACC tnay adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, inorder to further the intent and purpose of this Declaration and any other covenants or restrictions DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 18 of 38 1:'~DATA'~D`9HD'.M\Project FoR. lec'~Decl~emn.wpd t7 III 3726341 IIIIIIII 3726342 IIII IIIII Page : 18 of 38 IIII III Page : 18 of 38 IIIIIIII IIIIIII IIIIIIII 111111 IIIIIII 111111 IIII IIII IIIII III IIIIIII 04 / 2 IIIII 0 IIIII 5! 2005 IIIII 4125 12 . III 20 04P PROJECT FORE, INC OS 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa. covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Nineteen: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Twenty: Consultation. The ACC ]nay retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Twenty One: Appeals. After the Development Period, the Board shall sen•e as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Tl. SeCtlori 1 ~~•enrv 1 wo: txistine impro~ emenis uu Lui i. 1, uc c:~i~iiiie iiiiyiOi'CiiiCatS on Lot 1 shall not be subject to the provisions of either Article Nine or Article Ten as set forth in this Declaration, since it is apre-existing residence; however, any remodeling of the construction of any other improvements shall be subject to the provisions of Article Nine and Article Ten as set forth in this Declaration. ARTICLE TEN: LAI~'D USE RESTRICTIONS Section One: Use of Lots. All Lots ~t'ithin the Property shall be used solely for private single-familyresidential purposes, provided, however, that with such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted by the Board, whose approval cannot be unreasonably withheld, provided (1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, (2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business, AND (3) the day care business will be operated only Monday through Friday AND (4) no more than four (4) children, in addition to those of the Owner's immediate family, and are enrolled in either a part or full-time capacity in such day care AND (5} the Owner(s) of such Lot(s) operating such day care facility willfully oversee, strict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 19 of 38 1:`,DATA'.D'~HHD J~f.Pro,ett foa, InnDeclare~un w III 3726341 3726342 IIII Page : 19 of 38 Page : 19 0 IIII f 3 IIIII 8 IIII IIIII IIIII ~~ IIIII IIII IIII II III ~~ IIII IIII IIII 0412 III III 5/20 IIII II o II 512. IIII 04P IIII IIII III IIII III III o IIII 4! P III 25! ROJECT FORE, INC PROJECT FORE, INC 2005 12.04P COV $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, (7) the Owner(s) of said Lot(s) will provide the Association, prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $500,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insureds AND, (8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. Shouldthe Board give written authorization for such usage, such authorization maybe revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within this Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. That nothing contained herein shall permit an owner from conducting a "in home business" provided that all business activity ~„ c.,..;o,t c...=.~+t,;., tL,P rac;rlPnrP and that nn emnlovees. clients, customers, tradesmen, ... ~.. .~ .. .... __ _.. ~ ~ ~ a...7 L.._..: _. .7..~.... al... suppiierS, or similar indiviuuais cuwc W Ja1LL iGJ1LLCi1l.G vi nip ~iiuawu tu~.i ~.w uua.a,b w.. conduction of such business. Section Two:_ylinimum Size of Residences. Each residence must have a private enclosed car shelter for not less than two (2) cars; however, a portion of the interior of said garage may be improved and/or finished for residential use by the owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that provided access thereto. No single structure shall be altered to provide for more than one (1) family. Residences shall contain at least 1,200 square fee. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Three: Use of Lot >\ot To Interfere With Rights of Others. i\o Lot shall be used in a fashion which unreasonable interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the ACC designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonable interferes with those rights; such determinations shall be conclusive. Section Four: ?~o Offensive Activirv on Lots. No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Property. No activity or condition shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 20 of 38 I:IDATA'.D9HDUf,Projca Fort. Inc~Dcclu=mn.wpd g IIII VIII IIIIIII III IIIIIII II IIII 04 g 63 oos ~ 2 oaP 111111 (IIII 111111 I III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. I III 3726342 III II Page : 20 of 38 IIIiI IIII IIII III IIII III IIII III IIII IIII II 04! II II 2s/ II PROJECT FORE, INC 2005 12.04P EAS $19.00 Thurston Co. Wa, be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, garbage receptacles, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, except where specifically provided for said purposes by the Declarant or the Board within the community, if at all, and landscaping which is not properly maintained. The Board (or the Declarant during the Development Period) shall make the final determination of any violations of this section. Notwithstanding anything in this Article Nine to the contrary, during the Development Period the Declarant may permit trailers (temporary trailers) or homes(s), which maybe used to the Declarant and its authorized representatives, to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. Section Five: Fences. Fences, walls or shrubs are permitted onside and rear property lines. Fences shall not be placed within the greater of (1) twenty (20) feet of the front property line, or (2) the distance between the front Lot line and the front wall (facade) at the garage of L :_, n ..:,,,,..,,,, .,t,'o,.+ +„ ~ 1 ~ +hP m~taria~ fnr the fPTI( P. the lncatinn. and the size and wC. ~,i.,,.ai j ..Co,.....,...., 5...,~......., ~ - i ---- ---- - - - - .•.. ~ _ _.L_.L_ COIIStrUCtlOn detallS Shall be SubJeCi LO ille apprUVal Ul l1lC r~%% auu ~~~ uciciuiiudiiOu :v u~~u~.Y such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements recorded elsewhere. In no event shall any fences be allowed between the front Lot line and the front wall (facade) of the primary Residence. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot, except that chain link fencing for any common areas may be considered for approval by the Declarant during the Development Period or by the ACC thereafter. All fences, open and solid, are to be constructed not to be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions of any county zoning ordinance, or any specific setbacks as set forth on the recorded plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section Six. Sign. 1\o signs. billboards. or otheradvertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed three square feet in area maybe placed on a Lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which maybe installed by the Declarant. Political yard sign on lots, not more than three (3) square feet in area, of a temporary nature, not to exceed thirty (30) days, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 21 of 38 Ii~DATAtD dIHD At Ro~cct Fom, Inc ~Dcdentun.w pd IIII I I oa r9 63 005 o z o P I IIIIII VIII VIII Pag 63 22 of 38 IIIIII VIII IIIIII IIIIII 111 VIII II II II III I I II IIII I IIIIII 04,2 , III VIII IIII S 2005 12.04P IIIIIIillill IIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Six (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under this Section Six of Article Nine by the Declarant during the Development Period. The Declarant may establish, for the duration ofthe Development Period, signage guidelines and standards for Lot identification signs, Realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the Lots within Buckhorn Estates, the Common Areas, the Common Maintenance Areas or public rights-of--way. The Declarant may also develop an overall theme of signage within the project, including specific requirements for physical sign installations and size requirements which theme will then become a part of the established guidelines and standards for signage in Buckhorn Estates during the Development Period. During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed. within the plat of Buckhorn Estates, including the adjacent rights-0f-way. Every Owner of a Lot in Buckhorn Estates and any Developer or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. Any signs not specifically approved by the Declarant found _.L ___...].L-~ 71_,,,1.1..,.... ~.. a.,a,,.. s1,o !'..... .. A rnac fhA ('nmmnn TUtaintPn an(~P ATPaC nn ---- Qlly W lll.lV v~ 1LLL1 L4\.au~V•ia a. u.u •v,a, wv ~v......vu . -. ......, ...- ,. ,...._..-.. ..-____-___- _ _ _ _ _._ , .I any Lot, or on adjacent rights-of-way, may be promptly removed anu ui~pu~cu ui uy LLC Declarant. The absolute right of the Declarant to remove unauthorized signs from the Property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. The Board may cause any sign placed on the Property or any adjacent rights-of--way, in violation of this Article Nine to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Section Six of Article Nine to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitation set forth in this Article Nine on the numberof signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section Six of Article Nine. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS ~~ p I:.DATA'~D~BHD.M,Auject Fort, 1M,Decl~ra~on.r pd Page O 3 ° 3726341 I IIIIII 3726342 Page: 22 of 38 IIII Page: 22 of 38 i III IIIIII IIIII IIIII (IIII IIIIII IIIII IIIIII 04/2 / II 5 20 IIIIII IIIII IIIIII IIIIII 04 / 25 / 2005 1 O5 12.04P III IIIII 1111111 III 2.04P PR IIIIIIIIIiIII of ECT FORE, INC EAS $19.00 Thurston Co. Wa. PROJECT FORE, INC COV $56.00 Thurston Co. Wa. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed upon any Lot not owned by the Declarant. This Section shall apply even if Declarant requires an Owner to place a sign pursuant to this Section Six of Article Nine. Section Seven: Animals. 1\o animals, except does, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. Leashed animals are permitted within rights-of--ways when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the ACC prior to construction and shall be kept clean and odor free at all times. if the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the Development Period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such ~zolation must be remedied by the Owner within such ten (10) day ~,.a >~.,:t„_o .,, ,.,,..,.,t., ,s,;fh rhr .~,,;ttP~ nnr;rP w;ll reettlt in a fine of $25.00 tier dav. Any f.~ ....... ........_ ... _----r-~ ••--- --- - - Illle imposed by Lh15 JCl.l1Ull auau u~ w~ pe-~Ouai vva,~auvu v• tL~. •..,.rV V ..T,.: r uuu ........ .... the Lot of the fined Owner. The Association shall be entitled to attorney's fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Eight: Drive«•avs. All driveu•a~~s shall be pa~•ed Frith concrete, unless otherwise approved by the ACC. Section Dine: Delegation of Use and Responsibilities. Any O«•ner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Buckhorn Estates Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any Hiles and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that maybe adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor, or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of the damages. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 23 of 38 L'.DATA~,U9HD~M.Pro~ect Fom. Inc,Decleramawpd p uiiiimiiuiiiiii~ii~miiii~~iiii~ium o:,63,~ z,,. giiidiipiiiuiuiiuu~iiiiiiiiiiii II IIIIIII II IIII 0412 5G3 005 012 : 04P $19.00 Thurston Co. Wa Section Ten: Landscaping Standards. The entire front yard landscaping should be installed prior to occupancy (weather permitting). The entire landscaping, including the remaining portions of the side and rear yard shall be installed within twelve (12) months of the receipt of a Certificate of Occupancy. Each Lot Owner shall be responsible for installing and maintaining the landscaping within the adjacent right-of--way. If inclement weather conditions prevent the timely installation of said landscaping improvements for either front or back yard, the Lot Owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all of the adjacent public street right-of--way along the Lot frontage and side frontage out to the edge of the curb or sidewalk in the public street. Each lot Owner shall be responsible for installing and maintaining the landscaping • i:.- L:_ L'.. .. _~. ,. L.• ..C ...n.. uv nnnf oe n}hPnln CP T1rl1V1l~Pl~ At1f1VA W lLlllll LL1J OuJuwau iicJua va .. ..~, ........ i•• •••• ••-"-- ~• --- r'- ~ --- - Section Ele~•en: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Eight. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Article Eight, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section T~t•el~•e: Setbacks. ?~ o building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. Section Thirteen: Roofs. Roofs on all buildings must be finished n•ith a n~•enty-five year architectural composite material, the color of which shall be approved by the ACC. Any other material must be approved by the ACC. Section Fourteen: lJndereround Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 24 of 38 I:~DATA~D.BHD,M~Projen Foo:. InnDcdm~o.w iii~Nii~mihiN~mmN~u~iiNiNNnN:s6~o~,~„o iuiiiiiuiiiiuiiiuiiiui~iuii~uiiiii~iiiiiiiii 3726342 Page: 24 of 38 04/2512005 12:04P Thurston Co. Wa. Section Fifteen: Vehicle Parkins and Storaee. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles' This provision shall not exclude parking of up to a combination of two (2) automobiles and regular sized pickup trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened form the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours' notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot _... _.:,, ..:..:~.~,. ~,,.., .>,o .:nFtr_n{:..,~..n~ ar~;arent rpcidences that have been varked on any .l_ --- ^1 A t--"_., AT.. ~...: •t.n~.... .7:.. re f~n ~nrn nnifln nttT PrC Lot Or within~ile right-of-way iut >uuic ~>-a~ ~-+iivu.~....,..~..~+.~.w•,~••.b `••` •".~a~-~a+ •~----- who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Sixteen: Easements for Enforcement Pumoses: O«•ners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section Seventeen: Excavation and Fill. Except ~ti•ith the permission of the ACC. or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. t Section Eighteen: Drainase. The o~t•ner of any lot shall not take any action ~chich would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 25 of 38 L~DATA~D~811 D1M~Projcc~ Foa. Inc+Declmtnn.wpd O 3726341 13726342 Page : 25 of 38 III IIIIIII II III p4 2 5./2005 012: 04P Ilillilllil IIIIIillll IIIIIIIIII illlllll IIIIII VIII IIIIII IIIIII III VIII IIIIIII III IIIIIII II IIII 04!25/2005 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section 1\ineteen: Use During Construction. Except with the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Twenty: Garbaee and Refuse. I:o garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Twenty-One: Tank, Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common • ____ _.,-.7 .. ., ..~......~,. Dl.,.,~ Fn. oll onrlncnrvc nFrh;c nat„re mnct he annmved by the ACC AlI.QJ, lV4~JJ vi JU ,r,..J. a ....... .v. .-.. __.-.-`- -- -- --- ~ - . . pnor to construction. Section T«~enty-T~;•o: Auto Repair. I\o major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Twenty Three: Exterior Finish. The exterior finishes on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fire place chimneys shall be either wood or stone wrap. Section T~~~enty-Four: ylaintenance of Structures and Grounds. Each o«ner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Twenty-Fire: Firearms. The use of firearms is expressly prohibited. Section T~ti•enty-Six: Dirt bikes and'or ATV. 1\o unlicenced inotorvehicles.including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 26 of 38 I:~DATA\D`9HD~At.Projea Foie. Io~~Declantno .pd O I IIIIII VIII 3726341 3726342 IIIIII IIIIII Page: 26 of 38 Page: 26 of 38 III VIII 04!25!2005 12:04P illllll III IIIIIiI 04!25/ IIIIII ~~~~~ ~~~~~~ ~~~~~~ ~~~ VIII 1111111 III 1111111 ~~ ~~~~ II II 2005 1 I II 2.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Twenty-Seven: Damaee Repair. All owners agree to repair itntnediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damages as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Twenty-Eieht: Building_Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of Buckhom Estates development and whether the material would add to the attractive development of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the Committee. T-111 siding shall only be permitted on the sides of residences which do not face the street or on the back of residences. l he exterior of ail construction on any Loi shaii bC uCSigucu, uuii~ auu iudiuidiucu .u such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the 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. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Buckhotn Estates will be subject to the same approval process. Section T~;~enty Dine: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulations for installing electric wires and equipment, and the uniform codes (building mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Thirrv: Entr~for Inspection. Any agent or member of the Declarant or any member of the architectural control committee may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structtae to determine if there has been complied with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 27 of 38 I.~DATA~D~HDJ.f~Projea Fort, Inc~Dalvsino wpd b oar?63oos i2 o4a IIIIIIIIIIIIIIIIIIIIII 3726342 IIIIII VIII IIIIII VIII) III VIII VIII I Page : 27 of 38 II III VIII IIIIII 04 2 5120 5 0 2 04P III IIIIIiI II IIII I III 1111111 II III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Thirty-One: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Thirty-T«•o: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RC W Chapter 64.38) but the Member must first obtain an order fmm a court _ ~ _ ___ _.__.: ..a:...:,.., e.,«;.l;..n •t,P t\RP.,,hPr rn rP1;Pf Tn rhP PvPnt that a Member takes anv V l ~.vuiY~.wua ~ uiaouav.a w..,....-•"'b ---- -•'----- -- -- - ' -- - actlOn t0 entOrCe the terms Of th1S f'HrilCle, the t~S5uCiallull aiiau u~i v~ iii aiiy way vuu~di~.u to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE ELEVEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section T~vo: Easements on Etterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 28 of 38 Ii~DATA\D ~BHD,M,Pivjen Fom.lnc,Declanion.wyd V 3726341 3726342 Page : 28 of 38 IIIIII Page : 28 of 38 (VIII II i VIII IIIIIIIIIIIIIIIIII~ 04125/200. IIIIIIIII Ili! 1111111 111 l 5 12.04P III III IIIIII ll 1111 VIII II VIII III 04/2 IIIIII 5!2005 I II IIII 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Three: Asso iation's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. ARTICLE TWELVE: MORTGAGEE PROTECTION t [t: .L.. Section Une: !Viorteagees. 1\0[\\'1LnJldllUlll~ illlu }Jlc ~ dtttit~ G'r'Ci aii vui~r Yrv'•';~;v ;~ of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following pro~~sions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Tvl•o: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: 'ylorteagees's Riehts Durine Foreclosure. During the pendency ofany proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by ~lortra~ee. At such time as the ti'Iortgaaee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 29 of 38 I:~DATA\D~BHD~N Project Fo'e. IM~Declan~nawpd O IIIIIIIINIIhIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIRIIIIIV ~~= m°,,,~. INIIIIIIIIInIIVIIBIIIVIII~I~IVIIIIInINll~ll 3726342 Page: 29 of 38 04/25/2005 12:04P Thurston Co. lJa. conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to tbe date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against maybe treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments pro~~ided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm .L _ ..1.. ri4ar i~la~act pub iluiu~.wui uuY.~...v. w.......~ .~.~. ___. Section Se~~en: Mortgagee's Ri~.,hts. Any Mortgagee shall ha~•e the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year, and (c) receive written notice of ail meetings of the Association and designate a representative to attend all such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval ofsixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section ?~`ine: 1\`otice. If such notice has been requested in «•riting. Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEA~ENTS & RESTRICTIONS Pape 30 of 38 !:`.DATA\D~HD\M~Rojea Fort. Inc~Dtclanioo.wpd b 3726341 3726342 Page: 30 of 38 I VIII Page: 30 of 38 II VIII 1111111 IIII 04!25! 1 VIII 2005 2.04P II Iillll Illilllllllllllllllillllllllllllllilllllllllllllll ~ IIII 04 ~ ~~~ II ! III 25! VIII 200 II 5 , 2.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC ERS $19.00 Thurston Co. Wa. insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TI3IRTEEN: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE FOURTEEN: INSURANCE Section One: overage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or ,~...,,..,,e ~,.. s;~a „r „*t,A. t,a~ar.tc ;,, an amn„nt cnfficient to cover the full replacement value in .........b.. ..~ ..... ... .._..-_ _.---- ~- '-- -... _ . .t _ .L1: l:..l~a:a.. ..I: the event OI damage Oi deSLructiUII. ii Inay d1JU vviaui d VviIIYiv-i~.uSi'v~. Yuvii~ •iuui~ic~ y~.,Cy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Tiro: Replacement. Repair After Loss. In the e~~ent of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt ofthe insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 31 of 38 Ii~DA7A~D9ND.M~Projcct Foa. Inc~Declontbn.wpd b 3726341 3726342 VIII IIII 042 5!2005 0 2 04P Page: 31 of 38 II III IIII 04 / 25 / 2005 12 : 04P IIIIIIIIIII IIIIIIIIIII Iilillll IIIIIIIIII IIIIII IIIIIII IIIIIIIII IIIIII IIIIIIIIII IIIIIII IIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa• pROJECT FORE, INC EAS $19.00 Thurston Co. Wa. any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FIFTEEN: RULES AND REGULATIONS The Associationand/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governingthe use of the Properties and the personal conduct ofthe Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE SIXTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies pro~~ded herein, including those for collection of any assessment or other charge or claim against any Member, for and on >,.,.,.,.,c,.c.~,o ~ ~~,,,,;,,,;,,,, rl,P a rr_ ~_ r narlarant. are in addition to, and not in limitation of, V~.11Y1• V• •..v a •..uv v.......-., --- - - - ~ any other remedies provided by law. Section Two: No ~'~'aiver. The failure of the Association. the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summaryproceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any pivvision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SEVENTEEN: CO1~~EMNATION In the event of a partial condemnation ofthe Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 32 of 38 I:~DATA~D~BHD~K,Projen Foie. Ioe~Deelamm~.rpd O 3726341 I IIIIII 3726342 Page: 32 of 38 III Page: 32 of 38 II 4P IIIIII 12.0 IIII / 2005 II II 04125 IIIII III IIIII IIIII II IIII III 041 ~~~~ III 2 / ~~~~~~ IIII 5 20 IIII I 05 IIIIII III 12. 04P IIII IIIIII II IIIIII II IIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa, In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE EIGHTEEN: GENERAL PROVISIONS Section One: Binding Effect. All present and future O~~ners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the. Association, as they maybe amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in sucffh Lot, as though such provisions were recited and stipulated at length ..L..,.,.7 P .Pr., ~iPPll ~,,.i ~.,nvPVanrr nr iPace thereof. Section T«•o: Enforcement by Court .fiction. The Association, the Declaration. the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. Section Three: Enforcement by Self Heln. The Declarant. the ACC, the Association. or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. Section Four: Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 33 of 38 IaDAtA~.D.DHD~M\Projea Fort, Ioc~Declwtnn.wpd p 3726341 i IIIIII III 3726342 Page : 33 of 38 II IIIIII IIII IIIIIIIII 04!2512005 12:04P II III IIII Page: 33 of 38 ~~~~~ ~~~ ~~~~ I Illilil l 04 ~~ ~~~~~ ~~ II Ilill III / 25 / 200 IIIIII I I IIII 5 12.0 illllllllll 4P Iililll PROJECT FORE, INC COY $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Five: Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days aRer written notice and billing, may be filed as a line upon such lot, enforceable as other liens herein. Section Six: O~;~ner Obiection. Should a lot o~rner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to azbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in fain, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration underthe laws of the State of Washington in existence at the time of any such arbitration. Section Seven: Costs and Attorne 's~Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this r~a:laratinn "lPOat artinn" shall include arbitration. law suit, trial, appeals, and any action, negotiations, demanus, (:ULLUSCIlll~ u! VulC1 WlJC W1IGlG ui~ (sic"v at-,u~ Yai~y iia~ uii~.u uia attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. Section Eieht: Failure to Enforce. 1\o delay oroinission on the part of the Declarants or the Owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, orrestrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which maybe unenforceable. Section 1\ ine: Severabilinr. Invalidation of any one of these covenants orrestrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section Ten: Inte~retation. In interpreting this Declaration. the teen "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the parry seeking to enforce its provisions to effectuate the purpose of protecting DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 34 of 38 I:.DATA~D9HD'.M~Ropn Fore. Inc~Declarernn wpd b 3726341 IIII 3726342 Page: 34 of 38 IIIII Page: 34 of 38 IIII IIIIII IIIII IIII III IIII 12 : 04P IIII 04 ! 25 ! 2005 III II III I IIII 04 J I IIIIIII III IIIII IIII III II 251 IIIIII IIIIII IIIIIII II 20 IIIIIIIII 051 PROJECT FORE, INC 2.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development of Buckhorn Estates. Section Eleven: Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. Section Twelve: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (21).years afrer the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section "l hirteen: Method of i\otice. Tiny no~icc icyuilcu ~y «I~ L«~a~a,,.,.t ~: ,..~ Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. Section Fourteen: Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE NINETEEN: AMENDMENT AND REVOCATION Section One: Exclusive_ylethod. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section T~vo: Amendment by Declarant. 1ot~~•ithstanding any other provision ofthis Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than Declarant Developers. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 35 of 38 I:.DATA~D9HD tif,Prolen Fort.lnc`Declara~na.wpd b IIIIII VIII II 3726341 3726342 IIIIIIIIIII Page: 35 of 38 IIII Page: 35 of 38 IIIIIIIIIIII 04,2512 III VIII (IIII II III IIII 005 12.04 I IIIIII III III 04125!2005 1 IIIIII P IIIIII 2.04P III IIIIIIIIIIII 1111111 PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Three: Prior Appro~•al by FHAiHUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant Developers, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this declaration Section Four: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall ~.., ,.:.,e., .,..,ii n.,.,,P~~ ,,,,t lPCC than fPn ~t m ~ia~s nrinr to the date of the annual meeting or of any special meeting at which the propused attiCiiuiilcui auaii ~~ ~~:.s.u~.~.......~r=..=,.,......ab any of the foregoing, fifty~one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 36 of 38 I:~DATA~diHDUt•Pro~ea fore. Inc~Decluston.rpd O 3726341 III IIII Page : 36 of 38 3726342 IIIIII 0412512005 12 : 04P Page : 36 of 38 illilli ~ IIIIII ~~~~~~ IIIII ~~~~~~~ IIIIII ~~~~~~~~ Iilllll ~~~~~~ IIII IIII ~~~~ ~~~~ III ~~~~~ 04! I IIIII 25!200 IIII III 5 12.04P I PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. ce,..:.,., G':~•o• Gffarti~•P (late .4,,,Pnclments shall take effect only upon recording ~',ith -~ ~ - - - ,. _,_ _a.,a the Thurston County Auditor of the county in which u,is Lc~~~atic.-~ is iwVi u~. u. Section Six: Protection of Declarant. For such tithe as Declarant shall o~vn Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in Article Three. 4. Alter its rights as set forth in Article Five relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 37 of 38 I:,DATA~D9HD'J.,~Projen Fun:, Inc Decl~nton wpd D 3726341 IIIII 04 2 5 1 2005 01 2.04P IIIII (IIII IIIIII III IIIII IIII IIIIII IIII a IIII . W IIII Co IIII ton COV $56.00 Thurs PROJECT FORE, INC 13726342 II III IIIII IIII III 04 2 5! 2005 012 04P IIIIIIIIIIIIIIIIII IIIlilillllllllll I PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of April, 2005. Prnirrt Fnre. Tnc.. a ~1Vashington Corporation By: Barry Ho ard, President STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) On this '~ `'day of April, 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Barry Howard, to me known to be the President of Project Fore, Inc., the corporation that executed the foregoing instrument, 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 they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above .,written.. ,,. .. t :^ ~; ,`~M ~ ~ ., ,~ ~ _ Printed Name: ~ - =` _ -~ NOTARY PUBLIC in and for the State of ~'' =l_~-,'~'~ . ~ ;' ~ Washington,residingat '" ~-~' `" ~` °~ • ~ My commission expires: ~~C)~ARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 38 of 38 I:~DATA~DIBHDJ.t3rojen Fort, IxlDeelantoo.wpd O IIIIII VIII IIII 0412 63 38 of 38 II IIIIII III VIII 2005 12.04P iillllllilllllll 1111111 PROJECT FORE, INC COV $56.00 Thurston Co. Wa IIIIIIIItlIINl~lllllllllll~lllllllllllllllll~llll 3726342 Page: 38 of 38 04!25/2005 12:04P Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buclchorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 SW '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceVAccount Number: 21713310101 I IIIIII I Fag 7537of 3 IIII IIIIII IIIIIIiII IIIIIIIiI 1111111 04 IIIIIIII ,28/20 IIII O5 01 . 1 5 P PROJECT FORE AGR $21.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS PROJECT FORE Barry Howard (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the state of Washington, lIIGl Gl11QIlG1 1G1GIlW iv o~ iiw ~. n} J .va ~..v ., 1. ~., .. •..• ..J '•'~ ""V "• - '-"--- --~ ~ ` known as Buckfiorn Estates , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys, and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promis and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace andy defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the Page 1 of 2 IIIIII I I (((I I (III I I ((I ( I I( IIIIII I (I I I I ((I I 3727537 IIII II II II II 04 2 812005 01351 P PROJECT FORE AGR $21.00 Thurston Co. Wa. final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. C F ~ ~ ~ f,' OWNE~ ~1 ~y: ~ `~ C-it-~-A~mirristrator/~ STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) ~- -~:- /~ .L .+......~ 1^-~ r-~ ,. ; 1 ~nn5 hPfnre me_ the undersiened. ~ Notary Public •.) 1 . ) ~ ~w~ ... . • 1. / 1 in and for the State of Washington, duly commissioned and sworn, personally appeared~~ 1~ ~ ~~/(~ that executed the foregoing instrument, and acknowledged the said instrument be a free and vol^ unt ry ct and deed, for the uses and purposes therein mentioned, and on oath stated that helshe/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this ~~day of , 2005. ~~1 ~ "" Li . Nota Public in and for the 4~' \ ~ ~ '= State f Washington, residing in ` `; ;• ` ~'`~' ``~ Cam' • °' ,~,1 ~. , ~G ; ~. ~ ~, My commission expires: ,.~~/~ ~~L~~ ~. , Page 2 of 2 I IIII 3727537 II III Page : 3 of 3 II IIIIIII IIIIII IIIIIII IIIIII IIIIIII IIIIII 0412 IIII 8 / 200 PROJECT FORE 5 01.51P AGR $21.00 Thurston Co. Wa, eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buclchorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 SW '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceVAccount Number: 21713310101 3727536 IIII p42 8/2005 01?51P III IIII 1111111 IIIIIIII IIIII IIIII 111111 IIIII IIIII III a. PROJECT FORE AGR $25.00 Thurston Co. W RESIDENTIAL AGREEMENT TO MAI:vTAIN STORM WATER FACILITIES AND TO IIV[I'LEMENT A POLLUTION CONTROL PLAM (from Appendix K of 1994 DDI:CM) BY AND BETWEEN CITY OF YELM, Washington (HEREAFTER "CITY"), and PROJE~T FORE, heirs, successors, and assigns (HEREINAFTER "OWNER"). Tlie upkcep and maintenance of stormwater facilities and tl~e impleme ration of pollution source control best management practices (BMPs) is essential to the protection of wat~:r resources. All property owners are expected to conduct business in a manner that promotes ertvironmc:r.tal protection. This Agrcement contains specific provisions with respect to maintenance of stormwater• facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: Tax Parcel Number 21713310101 describ~:cl as the S 1 /2; N 1 /2; NE 1 /4; S W 1 /4 of Sec. l 3; T 17N; R 1 E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page l 53, AFN 0703050055 in records of Thurston County, Washington. Whereas the OWNER Iras constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to'.urther the goals of the CITY to ensure the protection and enhancement of water resources, The CITY and the OWNER hereby enter into this Agrcement. The responsibilities of each party to this Agrceme:r~t are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included Ise rein as Attachment "A". (2) Implement the pollution source control program included herein as ~\ttachment "B". (3) Maintain a record (in tl~e form of a log book) of steps taken to implement the programs referenced in (I) and (2) above. The log book shall be available for inspection by r ppointment at ~ . The log book sh~lll catalog the action taken, who took it, when it was done, how it was done, and any problems encount~.red or follow- on actions recommended. Maintenance items ("problems") listed in Attachment "~," shall be inspected as specified in the attached instructions or more often if necessary. The OWNER i:> encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) Submit an annual report to the CITY regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone, number, of the businesses, Lhe persons, or the firms responsible for plan implementation, and the person completing. the report. (b) Time period covered by the report, (c) A chronological summary of activities conducted to implement the programs referenced ill (1) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice For services. (d) An outline of planned activities for the next year. (5) Execute the following periodic major maintenance on the subdivision's stormwater facilities: sediment removal from catch basins, managing vegetation in bio-swales. Ivf3 I IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII va z a 5 oos o~~ IIII 51 P AROJECT FORE AGR $25.00 Thurston Co. Wa. . D~ J ~,\`~ TILE CITY SHALL: -E (2) Provide technical assistance t~~ the OWNF,RS in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as CITY time and rESOUrces permit. (3) Review the annual report and conduct a minimum of one (1) visit pc:r year to discuss performance and problems with the OWNER. REMEDIES: (1) If the CITY determines that maintenance or repair work is required tc be done to the stormwater facilities located in the subdivisicn, the CITY shall give the OWNER rn~tice of tl~e specific maintenance and/or repair required. They shall set a reasonable time in which such v~ork is to be completed by the persons who were given the notice. If the above required maintenance and/or repair is not completed within the time set by the CITY, written notice will be sent to the OWNER stating the CITY's intention to perform such maintenance and bill the OWNER for all incurred expf:nses. (2) If at any time the CITY determines that the existing system creates ;rny imminent threat to public health or welfare, the CITY may take immediate measures to remedy s~.id threat. No notice to the persons listed in Remedies (1), above, shall be required under such circ amstances. All other OWNER responsibilities shall remain in effect. (3) The OWNERS grant unrestricted authority to the CITY for access ~ o any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The OWNERS shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the CITY in the preceding section. Such responsibility shall include reimbursement to the CITY within 90 days of the receipt of the invoice for any such work performed. O~~erdue payments will require payment ~~f interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the CITY will be borne by the parties responsible for said reimbursements. This Agreement is intended to prated the value and desirability of the ryat property described above and to benefit all the citizens of the C ITY. It shall run with the land and be Binding on all parties having or acquiring any right, title, or interest, or and part thereof, of real property in the subdivision. They shall inure to the benefit of each preseit or future successor in interest of sail property or any part thereof, or interest therein, and to the benefi t of all citizens of the CITY. Owner Owner 2 of 3 3727536 Page: 3 of 7 04/28/2005 01:51P PROJECT FORE AGR $25.00 Thurston Co. Wa. State of Washington } } ss. County of Thurston } 1, the undersigned, a Notary Public in and for the above named Counh~ and State, do hereby certify that on this~_ day of~_, 2005, personally appeared before nie,~''Y~~-~_~E;~77~~_~~to me known to be the indivrdual described in and who executed the within instrument, and acknowledge that she/he signed and sealed the same as ~~~ free and voluntary act and deed, for the uses and purposes wherein mentioned. GIVE1>[ under.'my hand and official seal the day and year last above written. ~~ ,_, .. ~ , ~ , ice= ~ • .~~.-~7 ~, ~, ~.: ~ ~ ~.- NO ARY PU[3L~C rn and fin• the State of Washington 's .. , ~:~~..,; ~~ ..~ " residing at ~~ a ~k, f - ~~ l v '' 1J `' °' ~P My commission expires:=_/~/~~C' ~ J _ -,?;`. . ., ,~:..... State of Washington } } ss. County of Thurston } 1, the undersigned, a Notary Public in and for the above named Counh~ and State, do hereby certify that on this day of , 2005, personally appeared before me , to me known to be the individual described in and who executed the within instrument, and acknowledge that sl~c/lie signed and sealed tl~e same as _ free and v<~luntary act and deed, for the uses and purposes wherein mentioned. G[VEN under my Land and official seal the day and year last above written. NOTARY PU[3LIC in and f~• the State of Washington residing at _ My commission expires: 3 of 3 INIIIIIIIIIIVIIIIII~IUUIINnIflIVIIIVIVIIINI a~°' A°a':.. INSTRUCTIONS The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: (1) Monthly from November through April. (2) Once in late summer (preferably September). (3) After any major storm (use 1-inch in 24 hours as a guideline), items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. Page K - 14 IIIIII VIII IIIIII (VIII III 3727536 IIIIII I III II III II I 04 9 8 / 2005 0,?S, P IIIIIIIIII PROJECT FORE RGR $25.00 Thurston Co. Wa. ATTACHMENT "A": MAINTENANCE PROGRAM Inspection Period: Number of Sheets Attached: Date Inspected: Name of inspector: COVER SHEET lnsncctor'S Sienaturc Paec K - 15 IIIIII III Page 5 66of 7 IIIIIIIIiI 1111111 IIIIIIIIII 04l II III illl 28120 I IIII I O5 01 51 P III PROJECT FORE AGR $25.00 Thurston Co. Wa. ATTACHMENT "B" POLLUTION SOURCE CONTROL PROGRAM Pollution source controls are actions taken by a person to reduce the amount of pollution teaching surface and ground waters. Controls, also called "Best Management Practices" (BMPs) may include: • Avoiding the activity • Altering the activity to be more "environmentally friendly" • Routing contaminated runoff to a dedicated treatment area Copies of BMPs from the Department of Ecology's Stormwater Management Manual for Western Washington are included at the end of this attachment Vegetation Management Plan All disturbed areas within the project limits have been seeded to control erosion and provide qualitative water treatment. These areas must be maintained in order for the stormwater facilities to function correctly. Source Control Plan Source control can be most effectively maintained by education of the residents within the subdivision. The residents should be aware of how the storntwater is disposed of and that any contamination entering the disposal area may affect their drinking water. Source wntrol language is included in the residential agreement. The following list includes some of the BMPs available for source control. • Assign one or more individuals to be responsible for stormwater pollution control Hold regular meetings to review the overall operation of the BMPs. Establish responsibilities Cor inspections, operation and maintenance, and availability for emergency situations. Train all team members in the operation, maintenance and inspections of BMPs, and reporting procedures. • Promptly rnntain and clean up solid and liquid pollutant leaks and spills including oils, solvents, fuels, and dust Cram manufacturing operations on any exposed soil, vegetation, or paved area. • Stencil warning signs at stormwater catch basins and drains, e.g., "Dump no waste.,' • Recycle materials, such as oils, solvents, and wood waste, to the maximum extent practicable. • Clean up debris from residential yard areas regularly. 3727536 ll Ill) IIII 042 8./2005 01751P II III III IIIIIillll IIIIIillll) IIIIIIII lillllll PROJECT FORE AGR $25.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE 1/4 SW '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceUAccount Number: 21713310101 3727536 I IIII 042 8.12©05 01?51P III III IIIIII IIIII 1111111 IIIIII IIIIIIII IIIIII IIIIII PROJECT FORE AGR $25.00 Thurston Co. Wa RESIDENTIAL AGREEMENT TO MAI:vTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION CONTROL PLATE (from Appendix K of 1994 DDECM) BY AND BETWF;EN CITY OF YELM, Washington (HEREAFTER "CITY"), acid PROJECT FORE, heirs, successors, and assigns (HEREINAFTER "OWNER"). The upkeep and maintenance of stormwater facilities and the implemem:ation of pollution source control best management practices (BMPs) is essential to the protection of wat~;r resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: Tax Parcel Number 2171331 O 1(I 1 described as the S 1 /2; N 1 /2; NE 1 /4; SW1/4 of Sec.13; T17N; R1E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of Thurston County, Washington. Whereas the OWNER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to filrther the goals of the CITY to ensure the protection and enhancement of water resources, T'he CITY and the OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". (2) Implement the pollution source control program included herein as ~\ttachment "B". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by r.ppointment at ~ . The log book sh<<ll catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow- on actions recommended. Maintenance items ("problems") listed in Attachment "~;' shall be inspected as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) Submit an annual report to the CITY regarding implementation of tl~e programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone, number, of the businesses, ttie persons, or the firms responsible for plan implementation, and the person completing, the report. (b) Time period covered by the report, (c) A chronological summary of activities conducted to implement the programs referenced in (1) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of'planned activities for the next year. (5) Execute the following periodic major maintenance on the subdivision's stormwater facilities: sediment removal from catch basins, managing vegetation in bio-swales. 1 of 3 IIIIIII IIII Page 526of 7 IIIIIII IIII IIIIIIIIIII IIIIII III II 04!28 III IIII IIII 12005 ©1 . 51P PROJECT FORE AGR $25.00 Thurston Co. Wa. D~ ~ '\~~ ~, ~ THE CITY SHALL: ~E~j-~i„ttt; (2) Provide technical assistance to the OWNERS in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as CITY time and rc;sources permit. (3) Review the annual report and conduct a minimum of one (1) visit pear year to discuss performance and problems with the OWNER. REMEDIES: (1) If the CITY determines that maintenance or repair work is required tc be done to the stormwater facilities located in the subdivision, the CITY shall give the OWNER rn~tice of the specific maintenance and/or repair required. They shall set a reasonable time in which such v/ork is to be completed by the persons who were given the notice. If the above required maintenance and/or repair is not completed within the time set by the CITY, written notice will be sent to the OWNER stating the CITY's intention to perform such maintenance and bill the OWNER for all incurred expenses. (2) If at any time the CITY determines that the existing system creates :tny imminent threat to public health or welfare, the CITY may take immediate measures to remedy s~.id threat. No notice to the persons listed in Remedies (1), above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) The OWNERS grant unrestricted authority to the CITY for access 1 o any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (I) and/or (2). (4) The OWNERS shall assume responsibility for the cost of maintena~~ce and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the CITY in the preceding section. Such responsibility shall include reimbursement to the CITY within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment ~~f interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or tees incurred by the CITY will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the r:al property described above and to benefit all the citizens of the CITY. It shall run with the land and be Binding on all parties having or acquiring any right, title, or interest, or and part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of sari property or any part thereof, or interest therein, and to the benefit of all citizens of the CITY. i~ X ~. Owner Owner 2 of 3 IIIIII VIII Page 536of 7 IIIIIIIIIIII IIIIIIIIIII ©4 IIIIIIIIIII /28,2m©5 IIII IIII 01.51 P PROJECT FORE AGR $25.00 Thurston Co. Wa. State of Washington } } ss. County of Thurston } I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this /~~- day of ~ I , 2005, personally appeared before nie ~~ ,r X;~.~ to me known to be the individual described in and who executed the within instrument, and acknowledge that she/he signed and sealed the same as /~ free and voluntary act and deed, for the uses and purposes wherein mentioned. GIVE1~>under,`my hand and official seal the day and year last above written. ~' '~`~`~ ~ ~ .~.~~ NO ARY PUBL m and for the State of Washington ~.s `~ `' °~~: residing at G' ;~~., ~s,'m ~~ , , ~ My commission expires: ~ [ ~/~3L~C~ r . , `.• ,. ~'~,. , ~, ,~d. ~.~ ~,`, . ~., State of Washington } } ss. County of Thurston } I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this day of , 2005, personally appeared before me . to me known to be the individual described in and who executed the within instrument, and acknowledge that she/he signed and sealed the same as _ free and voluntary act and deed, for the uses and purposes wherein mentioned. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and fo • the State of Washington residing at My commission expires: 3 of 3 I~IN~IM~VM~IIVNUI~~INI~uIN~IIVV o:'~;;'A'.o.,, INSTRUCTIONS The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: (1) Monthly from November through April. (2) Once in late summer (preferably September). (3) After any major storm (use 1-inch in 24 hours as a guideline), items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. Page K - 14 IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII 04l2 81x,2005 01?51P PROJECT FORE AGR $25.00 Thurston Co. Wa. ATTACHMENT "A": MAINTENANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Insncctor's Sienature Page K - 15 IIIIII VIII IIIIII IIIIII III IIIIII 3727536 IIIIIIIIIIIIIIIIIIIIII °496/2005 ~1?51P PROJECT FORE AGR $25.00 Thurston Co. Wa. ATTACHMENT "B" POLLUTION SOURCE CONTROL PROGRAM Pollution source controls arc actiars taken by a person to reduce the amount of pollution reaching surface arrd ground waters. Controls. also called `Best Management Practices" (BMPs) may include: • Avoiding the activity • Altering the activity to be more "environmentally friendly„ • Routing contaminated runoff to a dedicated treatment area Copies of BMPs from the Department of Ecology's Stormwater Management Manual for Western Washington are included at the end of this attachment Vegetation Management Plan All disturbed areas within the project limits have been seeded to control erosion a~ provide qualitative water treatment. These areas must be maintained in order for the stormwater facilities to function correctly. Source Control Plan Sowre control can be most effectively maintained by education of the residents within the subdivision. The residents should be aware of how the stormwater is disposed of and that any contamination entering the disposal area may affect their drinking water. Souroe control language is included in the residential agreement. The following list includes some of the BMPs available for source control. • Assign one or more individuals to be responsible for stadmwater pollution control. Hold regular meetings to review the overall operation of the BMPs. Establish responsibilities for inspections, operation and maintenarroe, and availability for emergency situations. Train all team members in the operation, maintenance and inspections of BMPs, and reporting procedures. • Promptly contain and clean up solid and liquid pollutant leaks acrd spills including oils, solvents, fuels, and dust from manufacturing operations on any exposed soil, vegetation, or paved area. • Stencil warning signs at stormwater catch basins and drains, e.g., "Dump no waste.,, • Recycle materials, such as oils, solvents, and wood waste, to the maximum extent practicable. • Clean up debris from residential yard areas regularly. 3727536 IIII IIII 04 2 8.120m5 01?51 P III III VIII (IIIIIIII IIIIIIIIIII IIIIIIII IIIIIIII PROJECT FORE RGR $25.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 S W '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax Parcel/Account Number: 21713310101 IIIIIII Paq 7537of 3 VIII 1111111 Illillll mill VIII Iilll IIII oa r i IIII 2eiz III oos I o 1.51P PROJECT FORE AGR $21.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS PROJECT FORE Barry Howard (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the state of Washington, 111G1 G111G 1161 1G1Gllw iv o~ ii'i~. „~. iiy••j iiiC ii:v :ii+i;:::~31 ~%~ ~~~= LLl~ ~~~ ~-- y--~ ~ ~~~~ ~~~ ^• known as Bvckfiorn Estates , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys, and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promis and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace andy defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the Page 1 of 2 I IIIIII VIII IIIIII IIIIII III IIIIII IIIIII III VIII IIII IIII 0412 8lr,2005 01351P PROJECT FORE AGR $21.00 Thurston Co. Wa. final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. C F ~ ~ j ~, OWNE ~/~ >~: ~ ~ `~C Y X `~ \_ , ' C-i~y~-Administrator ' STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) ^- .L... ~~ -1- .+......~ ~- ,n , 1 inns hPfnre me_ the undersiened. a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~~~ ~pJ/ that executed the foregoing instrument, and acknowledged the said instrument be a free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this ~~day of , 2005. ~ /~ ` ~ (~ [~f' Nota Public in and for the "' . ~~ ~ ~ 4' :.. State~f/W~afshington, residing in • `' ~~;~ ; , ~u ., ,_ _ My commission expires: r~~/~ ~D~ ~~ :~ e.' ~~. , Page 2 of 2 III 3727537 IIII Page: 3 of 3 IIII IIII III IIII III II IIIII IIII III IIII III IIIII 04, IIII 2812 PROJECT FORE o05 o1.51P __,_ AGR $21.00 Thurston Co. Wa, After Recording Return to: Bryce H. Dille of Campbell, Dille, Barnett, Smith & Wiley, PLLC 317 South Meridian Puyallup, WA 98371 Tlwrston County Treasun4' Real Estate Excise Tax paid ~ ~~ ~ By ~ ~ ~ ,~/ ~ "'Deputy DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR BUCKHORN ESTATES ~rc~ecf ~u~e, ~NC. LL t/iC.~CtSh~ry~~":9 C~~~Y~oe~ctfiC~z 1J1411W1. 11VJ~. ~.t 1 vat., aia~.., u .. woa...•bw.. v.+a+.~•»-•~-- Grantee: Buckhorn Estates Legal Description (abbreviated): Lots 1 through 21 of the plat of Buckhorn Estates, as recorded under Thurston County Auditor's Recording Number Assessor's Tax Parcel No.: 21713310101 The Declarant herein as the owner in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefit of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the properties and each portion thereof and alt persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pa e 1 of 38 I:`,DATAIDIBHD,M3rojeet Fon•, Inc'~Declaratnn.wpd b Pag 6341of 38 I IIIIII VIII IIIIII IIIIII III VIII VIII 049 63005 `2304P IIIIIIIIIIIIIIIIII IIIIII VIII IIIIII IIIIII III VIII 1111111 III VIII IIII IIII 04125! 200512. ©4P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering/his Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to Tract A delineated on the plat of Buckhorn Estates. Common areas shall also mean the property both real and personal ...t,:,.t, .~.o ~ r~....:or:..r, hoe },ar n m~anrr>r) an nwnPr~h;n ;nterett. easement. or ri8ht of control iu rr uavaa aaav ...........»...... ......... --"' O'.."" -'.- a by any written instrument including this Declaration or by delineation and Declaration of the same on the plat map recorded under the above referenced recording number. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer-Declarant"The Developer-Declarant shall mean Project Fore, Inc., a Washington Corporation. However Developer shall also include any entity which purchases multiple lots for the purposes of constructing residences thereon. At such time as Project Fore, Inc. has sold all of its lots, then a purchaser of those lots shall have all of the rights as Declarant hereunder and Project Fore, Inc. shall no longer be considered a Declarant or Development at the time of the sale of all of the lots. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all of the lots have been closed and sold to other than Developers. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 2 of 38 I:iDATA~D•DHD,M.Projea Fon:, Inc`,Declaecon.wpd D Pag 63 21of 38 I IIIIII III VIII IIII IIII ©4 19 6/32 0 0 5 f 23~4P III IIII IIIIII IIIIII IIIIIIII 04P IIII IIIIIIII ©4/25/20D5 12. IIIIIIII IIIIIIII Ilillll IIIIIIII IIIIIII VIII IIII Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 PROJECT FORE, INC COV $56.00 Thurston Co. Wa. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mote or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall refer to one of the Lots located in the Real Property described herein. (Lots 1 through 21 of the plat of Buckhorn Estates.) 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed oftrust encumbering a Lot or ocher portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as Lots 1 through 21 of the plat of Buckhorn Estates. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the de~~eloprnent period the Declarant, Project Fore, Inc., or its successor Declarant, shall appoint the sole director ofthe Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 3 of 38 I:~DATA~D~BND1Af.Project Fon:, Inc~Dcclaetoo.wpd b 3726341 3726342 IIIIIIIIIIII Page: 3 of 38 Page: 3 of 38 IIIIIIIIII ©4/25!2005 12 04P I IIIIII VIII IIIIII IIIIII III VIII IIIIIII III VIII IIIIIIII 04/25120175 12 04P I III VIII I IIIIIIilllllll IIIIIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. pROJECT FORE, INC EAS $19.00 Thurston Co. Wa. determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Section Three: Authority f Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Decimation. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Notice to Owners. Not less than ten nor more than thirty days prior to the termination of the development, the Declarant or any Developers who then constitute the Board, shall give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws which Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation and by-laws of this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 4 of 38 1:\DATA\D\BHDV.f3rojca Fore, InclDecluetnn.wpd D Pag 63 41of 38 III IIIIIII III VIII IIII IIII 0418 5G/3 tlt~5 `2304P IIIIII (IIII IIIIII IIIIII III II IIII VIII IIIIIII III VIII IIII IIII 04/25!200512.©4P IIIIII VIII IIIIII VIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. ARTICLE TIiREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mall or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS co,..;,,,, n„P• ('nnvavanrP nf('n,rmnn 4reac Unon recordineofthis Declaration,and under the terms of the plat, the Declarant does hereby quit claim, convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Buckhorn Estates to the Buckhorn Estates Homeowners Association; reserving, however, to the Declarant for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, and occupation and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. These tracts and other properties and improvements as described herein are referred to as the "Common Areas" together with any other easements which are defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas subject to any restrictions delineated on the plat of the properties. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of '.Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and incompliance with all applicable codes and regulations. The common areas shall include DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 5 of 38 I:~DATA~D'9NDUt~Projcn Fom, Inc~Declaratun.wpd D 3726341 3726342 III 1111111 III ~~~~~~ ~~~~~ ~~~~~~ Page : 5 of 38 VIII IIII IIII 04 g 5.12005 f 2304P I Iilllllllli ~~~~~~~~~~~~~~~~~~ 04125/200 VIII 111111 III III VIII IIII I 5 12.04P (IIII ~~~ PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. but not be limited as defined below together with all easements which are for the benefit of alt lot owners. These common areas include but are not limited to the following: A. Tract A is a storm drainage pond; B. Any entry and/or monument improvements thereon which may be constructed by the Declarant. C. All easements which have been established for the benefit of lot owners or the Association or which may be delineated on the plat of Buckhorn Estates, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. co,.«;,.., T.~~n• Ctanrlar~ nf'VTaintananrP - I me and Planting Strips. Each Lot O«'ner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and maybe collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which pose a substantial risk of injury or significant property damage to others, the Association may immediatelyperform such repairs as may be necessary after the Association DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pa e 6 of 38 ID,DATA~D~BHD'•.4f,Projec[ Porc, InNDeclaracbawpd g III IIII 04l2 5~/3 ©D5 f 23©4P IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa. IIIIIII Paye636Zof 38 VIII IIIIII IIIIII IIII VIII IIIIII IIIIII IIIIII ©4, IIII 25/2©© PROJECT FORE, INC 5 12.~4P EA5 $19.00 Thurston Co. Wa, has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient ifattempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Cotnrnon Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: t Tt,P real nrnnPrtv taxes levied upon the Association for the Common Areas; -- 2. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, signs, lights, storm water drainage system, fences constructed by the Declarant, any monument or entrance area, or any private roads, if any, within the plat. 4. Any other expense which may be designated as a common expense in the Declaration, any of the exhibits or from time to time by the Association. Section Five: Extraordinary Use Expenses. in the event that one or more lot o«•ners should by their use of the common areas cause it to be subjected to other than reasonable wear and tear orby their actions damage those common areas or any improvements located thereon or therein, then individual subjecting the common area to such use shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Six: Owners' Easements of Eniovment. Each owner shall have a right in a easement of enjoyment in and to the common azeas which shall be appurtenant and to and shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pape 7 of 38 1:~DATA~D'9HD,\f,Project Fon:, Inc'JJeclaratbn.wpd b INInIV~I~IIII~IIIIIINIIIINIVIMIIIIIIIII~II?:n~'~;~:°~, IIII~INIIINIBIWIIIIVIII~IIIIIIIIIIINIAIIIflI 3726342 Page: 7 of 38 04725/2005 12:04P Thurston Co. Wa. pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant during the development period (including any Developer during the development period) or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her lot remain unpaid for a period not to exceed sixty days, for any, and each separate infraction of its prohibited rules and regulations. C. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility f~T c„nh n„mn~es and subiect to such conditions as the Declarant or -- - Members as applicable may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots has been recorded. D. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Seven. Insurance. I\othing shall be done or kept in any common areas ~~~hich will increase the rate of insurance on the common areas or other lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Eight. 4lteration of ommon Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed iftwo-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pape 8 of 38 I:\DAT.A\D\BHD\M~Projcot Fom. lnc\Declas~no.wpd D 3726341 3726342 IIIIII IIIIII VIII Page : 8 of 38 III 04 2 5.! 2005 f 2 : 04P I IIIIII VIII III (IIIIII I III I IIIIII (III III III i 04125! (III IIIIIIII 20051 I III (III 2.04P III III (III (III (III (III II II PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section 1\ine. Dumping in Common Areas Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as deemed in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Ten. Landscapine and Fencins. 1\o permanent structures or landscaping of any kind, including fences, walls or shrubs, maybe built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the L,.,,..,7 T't,:,. ....~h:1,:r:,,.. ohatt „nt ~nnly to the lanr~cranino anti anv imnrOVemeritS In the vvui u. .,,.~ t ................ ....».. .-~- -rrv -- --- --~----- a .. common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Eleven: Maria eg merit. Each o~~•ner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management maybe terminable by the Association without cause upon not more than ninety (90) days written notiEe thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 9 of 38 I:~DATA~D\BHD\M~Project Fort, Inc~Declaston.wpd g II 0 4 /2 5132 0 0 5 f 2304P i IIIIII VIII IIIIII IIIIII ©ag 63 B of 38 ~~ ~~~~~ IIII II III VIII IIII 4/25/200 ~~~~~~~~~~~~~~~~~ IIIIIIIIIIIIIIIII 512.04P ~~~~~~~~~~~~~~ II I IIIIII II PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. (a) Declarants, for each Lot owned by it, agrees, and each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. •(c) Each assessment, together with interest, costs, and reasonable attorney's F uC 01+~~1 OIC/~ IlP }r1P TPrC/~TA~ ~t,t;Qar;~., ~frhP nercnn why was the Owner of theLot assessed at the time the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments which become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix. the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessment established for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 10 of 38 Ii.DATAID',BHD,M.Project Fom, Inc~Declaretnn.wpd O I 0419 63 005 012:0 P I IIIIII VIII IIIIII IIIIII III I 0419 6300 of 38 Iillllllllllllll IIIIIIIIIIIIIIIIIIIII 5 12.04P ~~~~~~~~~~~~~~~ IIIIII IIII IIIIII VIII Ilillll PROJECT FORE, INC COV $56.00 Thurston Co. Wa PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully set forth. Section Four: Rate of Assessment. Both annually or regular and special assessments shall be fixed at a uniform rate for all Lots. Section Five• Street R~air Maintenance and Cleanins. All Developers or o~t•ners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the road as a result of any construction activities and each Developer or owner shall at all times remain responsible for keeping the road clean of any such debris, dirt and material. In addition, all Developers or owners shall use due diligence ..:a „ , a., o r„ rt,A r~a.t ..r c;ria~vallrc antl all rnatlc anti sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Buckhorn Estates Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Section Six: Maintenance of Storm Drain System. All Developers or owners shall use due diligence to avoid materials from washing into or being put into the storm water drain system as a result of construction activities conducted by the Developer or owner which would include any sediment, cement stun: y, or any other material washing off of or coming offof any lot upon which a Developer or owner are constructing a residence and flowing into the storm water drain system. In the event any Developer or owner are in violation of the terms and provisions of this paragraph, this Developer or owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant for each such violation by a Declarant or owner. In addition, each Developer or owneragrees to indemnify the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS PaQe 11 of 38 I:~DATA~D~BHDUi3rojea Fon:, Ioc'.Dccima'nn.wpd b IIIIII VIII IIIIII I oag 6341 of 38 Fag 6342 of 38 IIIIIIIIIIIIIIIIIIIII 4/25/200512:04 , IIIIIIIIIIIIIII P , IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ©4/25/2©0512.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the storm water system as a result of any violation of this paragraph by such Developer or owner and that this liability on the part of the Developer or owner shall be joint and several. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation ofthe above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten (10) years after recording of this Declaration. Section Seven: Capital Fund Charee. At the time of closing, each lot o~rner purchasing from the developer shall pay a capital fund charge of $300.00 which shall be paid :..*.~ +1~o O ccnr;otinn ant Cl~alt hP 11CPl~ hV thP. ACCnriat;nn to fund the initial expenses of the Association. Section Eight: Annual Assessment. The annual assessment shall be 5300.00 per lot commencing on January 15` of each year. Each lot owner a lot shall pay the prorata portion of said annual assessment to the Association. In the event the expenses of the Association are in excess of the assessments collected, then the Developers who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such Developers. At such time as there had been sufficient assessments collected by the Association, then said Developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. During the development period, the Declarant shall have the authority to increase the annual assessment to reflect (1) maintenance costs, (2) repair costs, or (3) plat management costs. All increases during the development period must directly reflect increase in the above recited costs. During the development period, the Declarant shall have authority to reduce the annual assessments as economic data supports such a reduction because of reduced maintenance costs or other anticipated association expenses. After the development period expires, the board of directors shall fix the annual assessment in accordance with the above recited standards. Section ~ ine: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 12 of 38 1:\DATA\DU3FiD'J.f~Project Foie, Ioc~Dccl~atioo.wpd g IIIIII VIII IIIIII II Pag 6342 of 38 I IIIIII VIII IIIIII IIIIII III IIII o4 g 63 Q2 0 2 o P IIIIIIIIIIIIIIIIIII °4125120°512.04 IIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EA5 $19.00 Thurston Co. Wa. paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Ten: ~ecial Assessments. in addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction,onexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments maybe made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require by approved as provided by the By-Laws. Section Eleven: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition rr.___~ _L_It L., ~-,.,,...a ., ., ~.,ur:~l ~~~P~~man+ r,frhP Owner fined, and may be collected by V1 11111r J~ JLUII v~ uvuw~ ..~+.. r. ~'~.~--- ~~-"~"""- -' the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Oblieation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section Two: Delinguencv. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 13 of 38 I:\DATA~D9HD'J.t~.Projca Fom, IncdJecleramn.wpd b 3726341 I IIIIII I 3726342 IIII III Page : 13 of 38 Page : 13 of 38 III IIII IIIIII IIIIIII IIIIIII IIIIIII ©41 II IIII 251200 IIIIII VIII IIIIII IIIIII III VIII IIIIIII III IIIIII III IIII 04/25/2005 12:04P 5 12.04P PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. PROJECT FORE, INC COV $56.00 Thurston Co. Wa. Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: SusQension of Voting Rishts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Boazd beginns an action to enforce any such rights, the prevailing party _t__11 L_ _ .:~1...7 a.. :~.. ..F~.+.-..u•.~n TPPC rnctc ~nr~ avnPnCPC 1TIf:IITTP.(1 ITI the course of such Jllata Vv ~.uuaaw w aw ... w.....J .. ...~~, ~.--'- --- ---r - -- - enforcement action as provided in this Declaration. ARTICLE 1V'INE: ARCHITECTURAL CONTROL Section One: Development Period. The Declarant hereby reserves the right to exercise any and all powers and controls herein given to the Boazd of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. At the expiration of the Development Period, Declarant reserves the right to continue to exercise all powers and controls granted herein to the ACC and to appoint Members of the ACC until such time as there has been constructed on all lots a residence and said residence has been sold and conveyed by either a Developer or the Declarant. Section Two: Authority of ACC Afrer Relinquishment of Control by Declazant. At such time as all residences have been constructed on all lots and said residences have been sold and conveyed by either a Developer or the Declarant, the ACC shall have the authority and obligation to manage and administer the review ofbuilding plans, specifications and plot plans and such other submissions as described in this Article and to enforce those covenants, conditions, and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations as initially adopted or amended, and all authority granted to the ACC by this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 14 of 38 1:\DATA\D\CiHD~Ai~Projea font, loc\Dcclaramn.wpd b Paq 6344 of 38 I IIIIII VIII VIII oa 9 6344 0£ 38 IIIIII III VIII 1111111 III 2512©©5 , 2.04P IIIIIIIIIIIII IIIIIilllllillli IIIIIIIIIIIIII ©4 11111111 III III 125 / 2©051 III III IIII 2.04P PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. PROJECT FORE, INC COV $56.00 Thurston Co. Wa. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Avyointment of ACC. The Declarant during the development period reserves the right to act as the ACC orto appoint the Member(s) of the ACC. At such time as all of the lots have been sold by the Declarant and/or Developers, then the Board of the Association shall appoint at least one but not more than three Members of the ACC and if all the Members of the ACC shall resign and no replacements have been appointed by the Board, then the Board shall act as the ACC until the Members of the ACC are appointed by the Board. Section Five: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Declarant, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, ..:c:....«;.,„~ „I n+ „long a„~ lan~cranP plan chnwin>i the nature. kind. shave, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Six: Time Limits. if the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack ofwritten approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Maid, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice ofassessment by the Board, or at such other address as is designated by the Board by written notice to the Members. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 15 of 38 I:~DATA~DIBHDJ~Project Foie. Int~Declaatun.wpd b IIIIII VIII II Pag 6345 of 38 I IIIIII VIII Pag 6345 of 38 IIII IIIIII III VIII 04!25!2: IIIIII VIII 1111111 III IIIIII I 005 12 . ©4P I III Iilll IIIIII IIIIIIIIII ©4/ IIIIII IIII 25 / 2005 12 III 04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Seven: Donation of Time. No member of the ACC shall be entitled to any compensation for services performed on behalf of the ACC. ACC members shall have no financial liability resulting from ACC actions. Section Eight: Address of the ACC. The address of the ACC shall be at the registered office address of the Association. Section Nine: Votin .ACC decisions shall be determined by a majority vote of the members of the ACC. Section Ten: Submission of Plans. All plans and specifications required to be submitted to the ACC shall be submitted by mail to the address of the ACC in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures: A Tha lnl•of;nn nFtha ctnirtnrP nnnn tTtP T.nt' B. The elevation of the structure with reference to the existing and finished Lot grades; C. The general design; D. The interior layout; E. The exterior finish materials and color, including roof materials; and, F. Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the ACC in evaluating development proposals. Section Eleven: Evaluating Development Proposals. The ACC shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these guidelines, in evaluating development proposals, the ACC shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping ofthe proposed structure (the "design elements")harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Buckhorn Estates, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The ACC shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the ACC, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature. ACC determinations may be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 16 of 38 1:\DATA\D1BND'JMProject Fort, InNDedvatun.w 3726341 3726342 Page: 16 of 38 IIIIIIII 0425./2005012:0 P P I III VIII 0512. ©4 IIII 111111 4/25120 VIII III ~ © IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIIII IIIIIIII VIII IIIIIiII IIIIIIII 1111111 PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. amended by a majority vote of ACC members. Any changes subject to review per the terms set forth herein which are undertaken without submission to the Architectural Control ACC shall be deemed to have been disapproved. The ACC has the authority to stop further work as well as the authority to have prior work undone. Section Twelve: Exclusions. The Declarant shall have the right to waive the plans and specifications review for Developers in Buckhorn Estates. Any such waiver shall not exempt said Developer from any of the standards or restrictions articulated in this Declaration and all structures and improvements shall meet all standazds and restrictions contained in these declarations. Section Thirteen: Approval Procedures. Within fourteen (14) days after the receipt of plans and specifications, the ACC shall approve or disapprove the proposed structure. The ACC may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declarationand criteria orto its aesthetic standards. The ACC shall indicate its approval or disapproval on one of the copies of the plans and specification .a _ a L .t., t: .,* .,,..t ~t,~it rnfiirn rhP plane anr~ cnecificatinn to the address shown On iiiv v iu~.u vY uav a~.1.e..v:.,......., ...... _ -..._ r __. _ ~ the plans and specifications. In the event that no disapproval of such plans and specification is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the ACC members (and the Declarant) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, ornon-action on any plans submitted for review. "Non-action" on the part of the ACC shall not exempt the applicant from any of the provision of this Declaration or the restrictions articulated herein. By purchasing a Lot in Buckhorn Estates, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the ACC. Section Fourteen: Compliance with Codes%'Environmental Laws. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Ownerand contractor employed by the Owner. The ACC has no responsibility for ensuring that plans and specification which it reviews comply with local building codes and requirements. The Owner shall hold the ACC members (and Declarant) harmless in the event that a structure which the ACG (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the ACC or acting on behalf of the ACC, nor the Declarant acting as the ACC, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which are approved by the ACC or Declarant nor shall any member of the ACC or any person acting on behalf of the ACC or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specification approved by the ACC or by the Declarant. I~'either the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 17 of 38 I:~DATA~D~LiHD~M3roject Fore, Inc'~Declaratbn.w~pd g III IIIIIII III IIIIII III IIII 04lg 63005 c2:0 P Pag 6342 of 38 III IIIII IIIIII IIIIII III II III ~ IIIIII III IIIIIIIIIIII IIIIIIIII (IIIIIIIII ©4 IIIIIIIII !25!200 I IIII 5 12 04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Declarant, the ACC, nor any member of the ACC, nor the Association, nor anyone acting on behalf of the ACC or the Association shall have any responsibility for compliance by the Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil tanks. Section Fifteen: Variation. The ACC shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such. a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the ACC determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted in extraordinary circumstances. Section Sixteen: Enforcement. The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring a suit for judicial enforcement of a determination of the ACC, or, afrer the Development Period, to seek an order requiring the ACC to exercise its authority, and perform its functions, under this Article Nine. l:n any judicial action to enforce a determination of the ACC, the losing party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. Section Seventeen: A('C'Declarant Liability. The Association shall hold the ACC Members and the Declarant, if acting as the ACC, harmless from any actions taken (or actions not taken} under any provision of this Declaration, including, but not limited to, actions taken (or not taken) under the Articles of this Declaration. By purchasing a Lot in Buckhorn Estates the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of the Declarant), nor the ACC (nor any member of the ACC) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the ACC under this Declaration. "Non- action" onthe part of the ACC or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration. Section Eiehteen: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans and specifications, inorder to further the intent and purpose of this Declaration and any other covenants or restrictions DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 18 of 38 1:\DATA\DlBHD1M\Projed Fo¢. IoclOeclusroo.wpd b 3726341 I IIIIII III 3726342 Page: 18 of 38 II IIIIII Page: 18 of 38 III IIIIIIIII IIIIIIIIIII (IIIIIIIII IIIIIIIII IIIIII III (IIII IIIIi 111 04/25/ IIIIIIIII IIII 2005 I IIIIII IIII 04 ! 251200 12.04P III 5 12:04P PROJECT FORE, INC COy PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. $56.00 Thurston Co. Wa. covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Nineteen: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Twenty: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of glans submitted to the Board far review. Section Twen One: Appeals. After the Development Period, the Board shall ser<~e as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section T«•enrv T~~o: Existing, lrnprovements on Lot 1. The existing improvements on Lot 1 shall not be subject to the provisions ofeither Article Nine or Article Ten as set forth in this Declaration, since it is apre-existing residence; however, any remodeling of the construction of any other improvements shall be subject to the provisions of Article Nine and Article Ten as set forth in this Declaration. ARTICLE TEN: LAND USE RESTRICTIONS Section One: Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes, provided, however, that with such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted by the Board, whose approval cannot be unreasonably withheld, provided (1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, (2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business, AND (3) the day care business will be operated only Monday through Friday AND (4) no more than four (4) children, in addition to those of the Owner's immediate family, and are enrolled in either a part or full-time capacity in such day care AND (5) the Owner(s) of such Lots} operating such day care facility willfully oversee, strict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 19 of 38 I:~DATA~D~BHD~f.Project Fo¢, Ine'~Declareton wpd b I IIIIII 3726341 3726342 VIII Page: 19 of 38 III Page: 19 of 38 IIIIIII VIII IIIIIIII VIII VIII VIII IIIIIII IIII III IIIIII 04!251. II III I IIIIIII 200512 IIIIII ©4P IIIIIIII IIIIII 041 III IIII 2512 PROJECT FORE, INC 005 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, (7) the Owner(s) of said Lot(s) will provide the Association, prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $500,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insureds AND, (8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within this Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer andlor an interest in such business operation to the extent permission to operate such a day care business is authorized. That nothing contained herein shall permit an owner from conducting a "in home business" provided that all business activity ,..,....;e,~ ,,,, .~,;+ti;,, r},p rP~;rtPnrP and that nn emnlovees. clients, customers, tradesmen, suppliers, or similar individuals come to said residence or are situated therein during the conduction of such business. Section Two: Minimum Size of Residences. Each residence must have a private enclosed car shelter for not less than two (2) cars; however, a portion of the interior of said garage may be improved and/or finished for residential use by the owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that provided access thereto. No single structure shall be altered to provide for more than one (1) family. Residences shall contain at least 1,200 square fee. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Three: Use of Lot 1\ot To Interfere With Ri~,hts of Others. 1\o Lot shall be used in a fashion which unreasonable interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the ACC designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonable interferes with those rights; such determinations shall be conclusive. Section Four: 1\o Offensive Activirv on Lou. 1\o noxious or offensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Property. No activity or condition shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 20 of 38 I:~DATAID'9HDUf~Projea Fort, Inc~Declaraaoe.wpd p 3726341 IIIIIII 3726342 Page: 20 of 38 VIII Page: 20 of 38 IIIIII I VIII I II IIII I (IIII II III I IIIIII 04/ II IIII 25 / 2 I IIIIIII III IIIIIII II IIII 04 / 2512005 t 2 04P PROJECT FORE 005 t 2.04P III VIII IIIIII IIIIII III IIII INC III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. ~ EAS $x9.00 Thurston Co. Wa. be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, garbage receptacles, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, except where specifically provided for said purposes by the Declarant or the Board within the community, if at all, and landscaping which is not properly maintained. The Board (or the Declarant during the Development Period) shall make the final determination of any violations of this section. Notwithstanding anything in this Article Nine to the contrary, during the Development Period the Declarant may permit trailers (temporary trailers) or homes(s), which maybe used to the Declarant and its authorized representatives, to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. Section Five: Fences. Fences, walls or shrubs are permitted onside and rear property lines. Fences shall not be placed within the greater of (1) twenty (20) feet of the front property line, or (2) the distance between the front Lot line and the front wall (facade) at the garage of .L _ __:____. >n....:a,..,,.,, ...,~,:e,.++,. ! t 1 +hA,,,atar;al fnr the fence the l~catinn. and the size and construction details shall be subject to the approval ofthe ACC and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements recorded elsewhere. In no event shall any fences be allowed between the front Lot line and the front wall (facade) of the primary Residence. No baked wire, chain link or corrugated fiberglass fences shall be erected on any Lot, except that chain link fencing for any common areas may be considered for approval by the Declarant during the Development Period or by the ACC thereafter. All fences, open and solid, are to be constructed not to be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions of any county zoning ordinance, or any specific setbacks as set forth on the recorded plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section Six. Sien. 1\o signs,billboards, or other ad~~ertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed three square feet in area maybe placed on a Lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which maybe installed by the Declarant. Political yard sign on lots, not more than three (3) square feet in area, of a temporary nature, not to exceed thirty (30) days, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 21 of 38 Ii~DATA',Dd3HDlf3ro~ect Forc, Inc~Deelereron.wpd b ©4g 63oos~2:o P IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Q4g63QQ ~z:o P I III IIIIIII II IIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Six (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under this Section Six of Article Nine by the Declarant during the Development Period. The Declarant mayestablish, forthe duration ofthe Development Period, signage guidelines and standards for Lot identification signs, Realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declazant on any part of the Lots within Buckhorn Estates, the Common Areas, the Common Maintenance Areas or public rights-of--way. The Declarant may also develop an overall theme of signage within the project, including specific requirements for physical sign installations and size requirements which theme will then become a part of the established guidelines and standards for signage in Buckhom Estates during the Development Period. During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Buckhorn Estates, including the adjacent rights-of--way. Every Owner of a Lot in Buckhonn Estates and'any Developer or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. Any signs not specifically approved by the Declarant found __.t ___ ...:.t:.. D..,.Lt.,..... C..+..+,... +ho f`..+...,+nn d roar *ho (`nmmnn TV(aintPnanrP A rPac nn Ally WllVlV w1lLLLl L4V AlaVaai LJau~V J, wv vvaau..vu ~•v.-.., ...- .. .. _. _---..---•----------- ----~-. - any Lot, or on adjacent rights-of--way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declarant to remove unauthorized signs from the Property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any signs placed by real estate agencies or their representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. The Board may cause any sign placed on the Property or any adjacent rights-of--way, in violation of this Article Nine to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Section Six of Article Nine to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitation set forth in this Article Nine on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section Six of Article Nine. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 22 of 38 1:\DATA\D9HD\M~Projett Eom, Incd)eclaraton.upd b 3726341 IIIIII 3726342 IIII Page: 22 of 38 Page: 22 of 38 III VIII IIII III III IIII IIII VIII III VIII 04, IIII 25! II 2005 IIIIII VIII IIIIII IIIIII III VIII IIIIIII III 04125/2005 12 04P PROJEC 12 04P IIIIIIIIIIIII T F ORE, INC EAS $19.00 Thurston Co. Wa, PROJECT FORE, INC COV $56.00 Thurston Ca. Wa. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed upon any Lot not owned by the Declarant. This Section shall apply even if Declarant requires an Owner to place a sign pursuant to this Section Six of Article Nine. Section Seven: Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at lazge or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. Leashed animals aze permitted within rights-of--ways when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the ACC prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation ofthis Section, the Declarant, during the Development Period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day ..:,.a ~.,:t„~o ~„ ,.,,,,,,,t~, ,:,;rh rhP written nnt;rP will result in a fine of $25.00 Der dav_ . Anv fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorney's fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Eieht: Driveways. All driveways shall be paved «•ith concrete, unless otherwise approved by the ACC. Section Nine: Deleeation of Use and Responsibilities. Any O«~ner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Buckhorn Estates Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any Hiles and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each owner shall also be responsible for informing guests and service personnel of the contents ofthis Declaration, as well as any rules and regulations that maybe adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor, or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of the damages. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 23 of 38 1:\DATA\D9HD~,M\Projea Fom. Int~Decleratnn.wpd b Pag6323 of 38 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0496303 02.© P IIIIII VIII II IIIIIIII IIIIIII IIIIIII III III I 4!2512 IIIIIIII ©051 IIII 2 ©4P PROJECT FORE, INC COV PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. $56.00 Thurston Co. Wa. Section Ten: Landscaping,Standards. The entire front yard landscaping should be installed prior to occupancy (weather permitting). The entire landscaping, including the remaining portions of the side and rear yard shall be installed within twelve (12) months of the receipt of a Certificate of Occupancy. Each Lot Owner shall be responsible for installing and maintaining the landscaping within the adjacentright-of--way. Ifinclement weather conditions prevent the timely installation of said landscaping improvements for either front or back yard, the Lot Owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all of the adjacent public street right-of--way along the Lot frontage and side frontage out to the edge of the curb or sidewalk in the public street. Each lot Owner shall be responsible for installing and maintaining the landscaping '.t_ [ _ t_:_ _.]: ,. ....,a ~...1.• ..C . nn4 nc nf~Pt-lin CP t1Tl7Vllj Plj A}1(1VP. wtutiu uia au~a~...iu ..b,.. v. ..~~, C....,.t,. ~., ,.----- •• --- r-- -- - - Section Eleven: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Eight. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Article Eight, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twelve: Setbacks. 1\ o building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. Section Thirteen: Roofs. Roofs on all buildings must be finished ~t~ith a t«~enty-five year architectural composite material, the color of which shall be approved by the ACC. Any other material must be approved by the ACC. Section Fourteen: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shalt be placed underground. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 24 of 38 I:~DATA~DIBHD'J~Projen Fort. lnc~Declvatuo.wpd b ~I~I~I~NI~II~I~N~p~ldl~'gl~' ~M,?A~,~u IIMIRIIIAIhIIIIIIIIIIIIIIVIIII IIIIIIIIIIIIIIII 0495G304 02.0 P $1 .00 Thurston Co. Wa. Section Fifteen: Vehicle Parking and Storage. 1\o vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. All other vehicles shall be parked in gazages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision. shall not exclude parking of up to a combination of two (2) automobiles and regular sized pickup trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screed form the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours' notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot ___. -.:,, ..:..:~.~„ ~.,,.., +~,o ~„r,+_„f w~~~r ari;acPnt reciclences that have been narked on any .,w...,~~~,~~ ...........................D.._ .._ .._~ --- -~ - Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Sixteen: Easements for Enforcement Pumoses: Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similaz objects which are parked or stored in violation of the terms of this Declaration. Section Seventeen: Excavation and Fill. Except with the permission of the ACC. or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Eighteen: Drainaee. The owner of any lot shall not take any action «~hich would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 25 of 38 I:~DATA~D\BND\M~Projeet Fore, Inc~Detl~elbn.wpd D 3726341 3726342 Page : 25 of 38 IIIIII II IIII 042 5.120 5 012:04P IIIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIII IIII IIIIII IIIII IIIII I III III III IIIII 1111111 III 1111111 II IIII 04! 2512©05 12 : ©4P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Nineteen: Use DuringConstruction. Except with the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Twenrv: Garbaee and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Twenrv-One: Tanks. Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common . ___,. _,... a.. ,._ ..._,,,,... Dlnnn fnr ott ararlnenrvc of th;c nat,tre mnct he annrnved by the ACC A1VQJ, 1VCiYJ Vl JU V~+~.a. a .w.•u .... ».. _..__-.. --__ __ .-__ _.. ~ ~ prior to construction. Section Twenrv-Two: Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the Property aze occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Twent~Three: Exterior Finish. The exterior finishes on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fire place chimneys shall be either wood or stone wrap. Section Twenty-Four: Maintenance of Structures and Grounds. Each o«ner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Twenrv-Five: Firearms. The use of firearms is expressly prohibited. Section Twenty-Six: Dirt bikes and/or ATV. No unlicensed motorvehicles,including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 26 of 38 I:~DATA\D~BHD~M'3rojm Foa, la,peclvatno.wpd O IIIIII VIII III 3726341 3726342 III IIIIII III Page : 26 of 38 ~~~~ m4 g 51200 ~ 2 o P VIII ~~~~~~~~~~~~~~~~~~~~~~~~~ IIIIIIIII o4, IIIIIIIIIIIIIIIIIIIIIII I IIIIII 25/200 ~ ~~ II IIII 5 12.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Twenty-Seven: Damatte Repair. All o«~ners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damages as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. section Twenty-Eight: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of Buckhom Estates development and whether the material would add to the attractive development of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the Committee. T-111 siding shall only be permitted on the sides of residences which do not face the street or on the back of residences. 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 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. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Buckhom Estates will be subject to the same approval process. Section Twenty Nine: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulations for installing electric wires and equipment, and the uniform codes (building mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Thirty: Entry for Inspection. Any agent or member of the Declarant or any member of the architectural control committee may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been complied with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 27 of 38 L-~DATA~D~DHDUnProject Fort, Inc'.Dccleratoo.wpd O 1191111111sIIIIrIIIInIIIIIIIIIIIIINGIIIIIIAIIv?~°'" :ti. IIIInI~IIIVI~IIIIIIIIIIIIIVIIIIIIIII IIIIIIIIIIIII Q4963QO oz:o P $19.00 Thurston Co. Wa. an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Thirty-One: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Thirty-T~vo: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court _ ~ _ _-_ _.__.:....:..a:.,.:,,., e.,+:+~;..., rl,o 1-Rpmhvr r~ rPt;Pf Tn rhP PvPnt that a Member takes any Vl VV111~la. tt.ut~utiau.vrav.a v.........b ...- -•------.-- -- ------~ - action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE ELEVEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage chaanels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 28 of 38 I:~DATA~D~HD'~M~Projea Fo¢, Inc~Declarainn.wyd C 3726341 3726342 Page: 28 of 38 IIIIIIIIII Page: 28 of 38 II ©4/ IIIIIIIIII IIII VIII IIIIII IIIIII 25/2©05 12.04P III VIII 0 IIIIIIIIIIIIIIIIII IIIIIIIIII 4!25!20 IIIIIII II IIII IIIIIII 0512.0 IIIIII 4P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Three: Asso iation's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. ARTICLE TWELVE: MORTGAGEE PROTECTION IIIIfl IIIII IIAII Illtll II Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment ofmoney, except as hereinafter provided. Section Three: Mortsa~ees's Riehts During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortaasee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 29 of 38 1:\DATA\D\BHDNf~Projea Fort, Inc\Declaiino.wpd b IIIII IIIIIII III IIIIIII II (III 04g 63oos ~~ o P COV $56.00 Thurston Co. Wa II 3726342 III III IIIIIII II it t~4 2 5/2~© X12 : 0 P IIIIIIIIIIIIIIIII IIIIIIIIIIII (IIIII PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to tbe date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lotto the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the Lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm aV ..~..~ r,+~i „IYPTPCY tLt. ~JOL LLty YlLLi Ju~v•iv• w..... •J ---•~---~-- Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year, and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval ofsixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. if such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 30 of 38 I:~DATA\DrBHD\M3rojed Fort. Inc~Dech[nn.wpd b 3726341 3726342 Page : 30 of 38 IIIIII III Page : 30 of 38 IIIIII IIIIIIII Illilll , IIIII ©4/25!2005 12.04P IIIIII 04! ill! II 25!2 IIIIII IIIII IIIIII IIIIII III IIIII 1111111 III IIII IIIII IIII III IIII o©5 1 2.04P PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EA5 $19.00 Thurston Co. Wa. insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE THIRTEEN: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE FOURTEEN: INSURANCE Section One: overage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or ,~,..,,,.,,o ~.,, r;..o ,,,.,,thPr haoa~rlc ;,, an amn„nt cnfficient to cover the full replacement value in u...,...b.. ..J ......,. .,_..-_ the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt ofthe insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Conunon Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 31 of 38 I:~DATA\D'~BHD',M3rojen Port, Ine~Declantvn.wpd b 3726341 3726342 II VIII IIII p4 2 5.12055 c 2 04P Page : 31 of 38 IIIIIIIIII IIII o4/25/2©0512 04P IIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIIII IIIIIIII IIIIIIII IIIIIIII Ilillllllil IIIIIIIII IIII PROJECT FORE, INC COV $56.00 Thurston Co. Wa• pROJECT FORE, INC EAS $19.00 Thurston Co. Wa. any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FIFTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE SIXTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies pro4zded herein, including those for collection of any assessment or other charge or claim against any Member, for and on >,,.t,,.,c,.c«,,o n ~~,.,.;~+;.,., +ha arr ~~ ilPrtarant. are in addition to, and not in limitation of, V \.114L1 va ,~~v a ~~vv v.,..... ~., .--- - - - - ~ - any other remedies provided bylaw. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or suminaryproceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SEVENTEEN: CONDEMNATION In the event of a partial condemnation ofthe Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 32 of 38 I:~DATA\D~BHD'~.M1Projcct Fort. Ioc~Declarouoa.wpd O 3726341 I IIIIII 3726342 Page : 32 of 38 VIII III Page : 32 of 38 4P Illillll 512.0 IIII IIII /25!200 I illllll ©4 III (IIII ©4/ IIIIII 251200 IIII II 5 12. 0 IIIIII IIII 4P IIIIIIIIII IIIIiII IIIIIIIIIIII IIIIIIIII III PR PROJECT FORE, INC COV $56.00 Thurston Co. Wa. OJECT FORE, INC EAS $19.00 Thurston Co. Wa. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE EIGHTEEN: GENERAL PROVISIONS Section One: Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the, Association, as they maybe amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length .,..t, .....a P.,PrI, /,PP/~ anti rn»vPVat1(`P. (1T tP.ACC thereof vuvu .......+• ~ J ~---- ---- - -- -. Section Tw•o: Enforcement b~• Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declazation. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. Section Three: Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. Section Four: Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 33 of 38 1:1DATA~D'~BHD~M1Project Fon:, Ioc~Declvatbn.wpd p 3726341 I IIIIII VIII II 3726342 Page: 33 of 38 IIII IIIIII IIII Page: 33 of 38 IIII 04125! 2005 12 : (l4P IIII IIIIIII 041 ~~~~~ ~~~~ III VIII III 25 / 20051. ~~~~~~~~~~ VIII 2 ©4P IIII VIII IIIIIIIiIII IIIIIIIII II PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. Section Five: Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a line upon such lot, enforceable as other liens herein. Section Six: Owner Obiection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (l5) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration underthe laws of the State of Washington in existence at the time of any such arbitration. Section Seven: Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this ~orlaratinn "lr>oal arfinn" shall include arbitration. law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. Section Eisht: Failure to Enforce. No delay or otnission on the part of the Declarants or the Owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. Section Nine: Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section Ten: Interpretation. In interpreting this Declaration, the teen "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 34 of 38 Ii,DATA~D9HD1M~Projea Forc, Inc~Deciara[nn.wpd O 3726341 IIIIII 3726342 Page: 34 of 38 VIII Page: 34 of 38 IIIIIII IIIIII IIIIII VIII VIII / 2005 12.04P II IIII 04125 IIIIII 0412 III 5!200 IIII III VIII IIII IIII 5 12: Iilllillllllllllllllll ©4P IIIIIIIIIIII PROJECT FORE, INC PROJECT FORE, INC COV $56.00 Thurston Co. Wa. EAS $19.00 Thurston Co. Wa, and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development of Buckhorn Estates. Section Eleven: Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. Section Twelve: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (21).years after the death of the last surviving incorporator of the Association, or twenty-one (21) yeazs after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Thirteen: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. Section Fourteen: Successors and Assisns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE NINETEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision ofthis Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than Declarant Developers. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 35 of 38 Ii.DATA~D~BHD'df3rojec+ Fort,lnNDeclaratun.wpd D IIIIIIIIIIIIIIIIIIIIIII ©496335 of 38 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o4rg63o5 02 04P III VIII VIII 2005 12.04P I IIIIIII III VIII IIII I IIIIIIIIIIIIIII III III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Ca. Wa. Section Three: Prior Approval by FHA/HUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant Developers, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this declaration Section Four: Votin;. This Declaration maybe amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall ~.., ,.:.,er, .,, .,n nc„r,R+~c ,,,,t lace than fPn ~t (11 rtavc nri~r to the date of the annual meeting or of .,.. b . ........ .... .. any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %} of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: Voting rights; Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 36 of 38 I ~.DATA~D9HDU11Projea fore, Inc~Declaration.wpd D I~~IIn~I~~I~N~I~~IIN~NNV~N°~M"°.~;aW II~~NIYNIIVNIIVNIYINNIIYIIIIIINIU~IMI?:.~'A~~;~°o 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. cv..t:.,,,F:.•P• FffP!`itVPna1P Amendments shall take effectonlvuponrecordingwith the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in Article Three. 4. Alter its rights as set forth in Article Five relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 37 of 38 I:~DATA\D~BHD1M~Projeee Fom, Inc Deciereron.wpd D 3726341 IIII page. 37 of 38 3726342 II IIII 04/25/2©05 12.04P Page : 37 of 38 IIIII IIIIII IIIII O5 12:04P IIII 04!25!20 IIIII IIII ~~~~~~~~~~~~~ IIII a . IIIII IIIIIII III III W IIIIIIIIIIIIIIIIII II o . l IIIIII II IIIIII on c I urst COV $56.00 Th PROJECT FORE, INC PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notic .Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of April, 2005. Prnirrt Fnre_ inc.. a Washington - ~ - Corporation- By: Barry Ho ard, President STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) On this day of April, 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Barry Howard, to me known to be the President of Project Fore, Inc., the corporation that executed the foregoing instrument, 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 they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above ,written.. ~ ~ :,~ ,~ ~ `p' ~ ~ 6:- °.;'~,~;,,,~ PrintedName: ~~~ r<`r <~ ~ r ~ ~ '" NOTARY PUBLIC in and for the State of ~ ' =~ ~' ~ ~ y,~ Washington,residingat ~__~ _ ' ~~-'9~ ~;" ° ° My commission expires: -~~ >, - - `•7J ~. .. Ltd ~~C)t.AR~TION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 38 of 38 I:~DATA~DIBHD1AtiProject Foa, Inc~Declmiuo.wpd p IIIIII VIII IIIIII IIII o4 9 63 0 5 012 : 0 P I IIIIII IIII Pag 63 38 of 38 IIIIIIIIIIIIIIIIII IIIIIIIIIII II IIIII IIII IIII IIIII IIII t)4/ IIIIIIIIIiI 25/2©051 IIIII IIIII 2.04P III PROJECT FORE, INC COV $56.00 Thurston Co. Wa. PROJECT FORE, INC EAS $19.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Division II Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 S W '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceUAccount Number: 21713310101 IIIIIII Pag 7535of 9 VIII (IIIIIII IIIIII IIIIIII IIIIIII IIIIIII IIIIII ©4/28 . II 1200 PROJECT FORE 5 01.51P MISC $27.00 Thurston Co. Wa, r-. :~, .~. ~~~ ~. ,1~:. To: First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, VUA 98503 (360)491-1606 - FAX (360)352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360)491-1606 (253)671-5815 (253)671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com Coldwell Banker Evergreen 3333 Capitol Blvd S File No.: 4299-355596 Your Ref No.: Re: Olympia, WA 98501 Attn: Karen Morgan Property Address: 8945 Mountain View Road Southwest, Yelm, WA 98597 Supplemental Report No. 1 Dated: March 24, 2004 at 8:00 A.M. Commitment/Pre/iminaryReport No, 4299-355596 dated as of March 16, 2004 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 3 & 4 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 10 has/have been added to our Commitment/Preliminary Report to read as follows: 10. Terms and Conditions of City of Yelm Ordinance No. 607 recorded September 3, 1998 under Auditor's No. 3176833. First American Tit/e Insurance Company By,• Randy f~ludson, Tit/e Officer (IIIIIII Page7525of 9 III III IIIIIII IIIIIII IIIIIIIIIII 04, IIIIIIIIIII 28!2005 0 IIII , 51 P PROJECT FORE MISC $27.00 Thurston Co. Wa. Page 1 of 1 Form No. 1068-2 ,4LTA Plain Language Commitment .~ ). t1 f~ k , . r+. ~~~ Commitment No.: 4299-355596 Page 1 of 8 First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360)491-1606 - FAX (360)352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360)491-1606 (253)671-5815 (253)671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com To: Coldwell Banker Evergreen File No.: 4299-35SS96 3333 Capitol Blvd S Your Ref No.: Olympia, WA 98501 Attn: Karen Morgan Re: Property Address: 8945 Mountain View Road Southwest, Yelm, WA 98597 COMMITMENT FOR TITLE INSURANCE Issued by FIRST AMERICAN TITLE INS[/RANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B, 13727535 IIIIIIIIIIIIIII 0428./2005 01g51P VIII III IIIIII IIIIII IIIIIIIIIIII IIIIII PROJECT FORE MISC $27.00 Thurston Co. Wa. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment SCHEDULE A 1. Commitment Date: March 16, 2004 at 7:30 A.M. 2. Policy or Policies to be issued: Commitment No.: 4299-35559f Page 2 of 8 AMOUNT PREMIUM TAX Standard Owner's Coverage $ 900,625.00 $ 878.00 $ 73.75 Proposed Insured: Harr Family Homes Inc. Extended Mortgagee's Coverage $ To Follow $ 0.00 $ 0.00 Proposed Insured: To Follow 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Barry Howard, as his separate estate 4. The land referred to in this Commitment is described as follows: Real property in the County of Thurston, State of Washington, described as follows: Lot 2 of Large Lot Subdivision No. LLS-0437 as recorded in Volume 3 of Large Lot Subdivisions, Pages 150 through 153, inclusive and recorded under Recording No. 8708060055; Excepting therefrom that portion conveyed to Thurston County by Deed recorded under Recording No. 9404210272; Being known as Proposed Plat of Buck Horn Estates. In Thurston County, Washington. APN: 21713310101 IIII IIIIII III VIII IIII IIII ~4l2 8/r'2©O5 ~1951P 111111 VIII 111111 111111 III II PROJECT FORE MISC $27.00 Thurston Co. Wa. FirstAmerican Title Form No. x068-Z ALTA Plasn Language Commitment SCHEDULE B SECTION I REQUIREMENTS The following requirements must be met: Commitment No.: 4299-35559 Page 3 of 8 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: 3727535 II III VIII IIII IIII 042 8.!2005 ~1951P II IIIIII III IIIIII IIII IIIIIIIIIIIIIII I PROJECT FORE MISC $27.00 Thurston Co. Wa. l=irstAmerican Tit/e dorm X90, 1068-2 ALTA Plain Language Commitment SCHEDULE B SECTION II EXCEPTIONS Commitment IVo.: 4299-35559fa Page 4 of 8 Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A attached. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for unincorporated Thurston County is at 1.53%. Levy/Area Code: 170 2. General Taxes for the year 2004. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 21713310101 1st Half Amount Billed: $ 1,429.05 Amount Paid: $ 0.00 Amount Due: $ 1,429.05 Assessed Land Value: $ 78,000.00 Assessed Improvement Value: $ 124,700.00 2nd Half Amount Billed: $ 1,429.06 Amount Paid: $ 0.00 Amount Due: $ 1,429.06 Assessed Land Value: $ 78,000.00 Assessed Improvement Value: $ 124,700.00 3. Current liability for assessments to Thurston County District No. 607. 4. Future liability for assessments to Thurston County District No. 607. 5~ A lease and the terms and conditions thereof. Lessor: Barry Howard, d/b/a Projectfore Lessee: Ronald Hamblen and Sharon Hamblen, husband and wife Term: 24 months Dated: March 04, 2003 Recorded: March 04, 2003 Recording Information: 3508496 6. A lease and the terms and conditions thereof. Lessor: Barry Howard, d/b/a Projectfore Lessee: Ronald Hamblen and Sharon Hamblen, husband and wife Term: 24 months Dated: March 04, 2003 Recorded: March 04, 2003 13727535 Recording Information: 3508497 IIIIIIIIIIIIIIII 042812©05 o,gs,a VIII III VIII) VIII IIIIIIIIIIIIIIIIIII PROJECT FORE MISC $27.00 Thurston Co. Wa. First American Tit/e Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4299-355596 Page 5 of 8 7. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by Barry Howard DBA Projectfore, is being sent to Coldwell Banker Evergreen and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. Items 1 through 6 on Exhibit A herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. 8. The terms and provisions contained in the document entitled "Declaration of Large Lot Subdivision and Covenants" Recorded: August 06, 1987 Recording No.: 8708060055 9. Right to make necessary slopes for cuts or fills upon said premises as granted by deed recorded April 21, 1994 under recording no. 9404210272. 3727535 IIIIIIII p42 8.l20~5 01951P II III VIII IIIIIIII IIIIIIII IIIIIIIII 111111 VIII I PROJECT FORE MISC $27.00 Thurston Co. Wa. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment Commitment No.: 4299-355596 Page 6 of 8 i INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot 2, Large Lot Subd. LLS-0437, Vol. 3, P. 150-153. APN: 21713310101 3727535 III IIII IIII ©42 8.1205 ©1g51P IIIIIIIIII IIIIIIIIIIII IIIIIIIIII IIIIIIIII III PROJECT FORE MISC $27.00 Thurston Co. Wa. FirstAmerican Title Form No. 1068-2 ALTA Plain Language Commitment CONDITIONS 1. DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice according to the state law where the land is located. Commitment No.: 4299-355596 Page 7 of 8 of matters affecting the title 2. LATER DEFECTS The Exceptions in Schedule B -Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. 3727535 IIIIII 04/y28.12~05 ~1951P VIIIII IIIIIIIII IIIIII IIIIII VIII 1111111 IIIIIIII I PROJECT FORE MISC $27.00 Thurston Co. Wa First American Title eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE `/4 SW `/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceUAccount Number: 21713310101 3727538 IIII IIII IIII 042 8./2005 01ZS1P (IIII IIIIII III I IIIIIIiili IIIIIIIIIII IIIIII PROJECT FORE MISC $20.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this _~ day of v~~ 1~ , 2005 by and between PROJECT FORE (Barry Howard -Owner) hereinafter called the grantor(s), and the Ci of Yelm a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated "within and fronting the plat of Buckhorn Estates": 1. The sewer main, the S.T.E.P. system service laterals from the tank to the sewer main, tanks, pumps, and pump controls lying within and fronting Buckhorn estates. 2. The water main, waterlines, water meters, hydrants, valves, and controls lying within and fronting Buckhorn Estates. Tt,., ,.,..,.,t.+.~lnl l,nrol,~~ •vamantc char hP/chPlthPV are the enle ~wner(sl of all the property above ,... b...,.~.,. ~..~ ........,~ .. _- - ----- ----- -- - - conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making cla/ims thereto. Dated at Yelmi Washington, this ~_ day of /~/'/l s!/ , 2005. X ~.~ ~. (grantot'j ~ (grantor) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that ,~ ~, ~ (is/are) the person(s) who appeared before me, and said person(s) acknowledged that ~ (he/she/they) signed this instrument, and acknowledged it to be h ~ 5 his/her/their free and voluntary act for the uses and purposes therein mentioned. ' Given under my hand and seal this day of ~~-~,y2, , 2005. j; ;,~• =y. Notary Public in and for the .~., `,~' State f~WJa~s~hington, residing in r Q ~ ~~} ^ ~ -~ I ' ~' ~~:: My commission expires: ~i ~r -~~ ' ~ : 1~System(s) accepted by the City of Yelm this Z ~ day of ~~- ~ ~ ,2005. City of Yelm ) /i /, ~ 3727538 IIIIIII 042 8.12005 O1?S1P VIII i IIIIIIII 111111 IIII IIIIIII IIIIIIII VIII IIII PROJECT FORE MISC $20.00 Thurston Co. Wa eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement Waiver of Protest Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Howard, Barry, Project Fore 2. Buckhorn Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 S W '/4 of Section 13. Township 17 North, Range 1 East, W.M. Assessor's Property Tax ParceUAccount Number: 21713310101 3727539 IIIIII p42 8.12©D5 01451P VIIIII IIIIIII VIII VIII VIII IIIIIII VIII VIII a. III . W PROJECT FORE AGR $22.00 Thurston Co AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) ~ 2005 b THIS INSTRUMENT is entered into this ~_ day of (-~ Or. I Y and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and PROJECT FORE -Barry Howard -Owner, hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: Tax Parcel Number 21713310101 described asthe S1/2; N1/2; NE1/4; SWl/4 of Sec.13; T17N; R1E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of Thurston County, Washington. and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter. Page 1 of 3 3727539 IIII IIII IIII 042 8.12005 ~1451P I IIIIII III I IIIIIIIIIIIII IIIIIIIIIII 1111111 PROJECT FORE AGR $22.00 Thurston Co. Wa. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: X Sanitary sewer system improvements; X Water system improvements; Storm water system improvements; X Street improvements; Street Lighting improvements; X Sidewalk improvements; which improvements are more specifically described as follows: The extension of street frontage improvements, water, and sewer on the Northern portion of Buckhorn Estates along Mountain View Road SE. 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of the Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of Attorney shall not be affected by the disability of the OWNER. 5. If the OWNER fails to perform in good faith in accordance with this instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies. 6. The OWNER hereby declares that _PROJECT FORE- Barry Howard- Owner is/are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. Page 2 of 3 3727539 IIII IIII IIII 04 2 8.7205 01451 P IIIIII III I IIIIIIIIiII IIIIIIiIII IIIIIIIIIII PROJECT FORE AGR $22.00 Thurston Co. Wa. 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of the Instrument shall be a period often years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first hereinabove written. CI M Y~ r ~La~,;t, ~~ x'77 ~~1. {~~2sc;~/Z OWNER STATE OF WASHINGTON COUNTY OF THURSTON ss. On this /~rday of , 20g~ personally appeared before me a7 to me known to be the individual(s) and/or corporate officers described in and who executed the wit in and foregoing instrument and acknowledged that ~~ signed the same as h,,5 free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned. _ ~ ~ ~. ~ ,-~ . ~^ .y, ~~ l fl ~~ ., ~ CITY OF YELM Notary Public in and for the State of Washington, residing at ~/ My Commission Expires: Page 3 of 3 3727539 IIII IIII p42 8.I2~05 ~1451P II VIII 1111111 111111 IIIIIIII IIIIIIII 1111111 IIII PROJECT FORE AGR $22.00 Thurston Co. 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