Prelim CCRsI ~ I!i'~i
After Recording Retmn to: ~ ~ t
William T. Lym ~~ ~~ \
Gordon, Thomas, Honeywell, et al
P.O. Box 1157
Tacoma, WA 98401
Document Title(s) (or transactions contained therein):
1. Declazation of Covenants, Conditions and Restrictions for John's Meadow ,
2.
Grantor(s) Name (last, first, and initials):
1. Michael R. Mastro
2. Linda A. Mastro
^ Additional Names on Page of Document
Grantee(s) Name (last, first, and initials):
1. The Public
2.
^ Additional Names on P e of Document
Legal Description (Abbreviated i.e. lot/block and plat or section, township and range)
Lots 1 through 50, inclusive, and Tracts A, B, C and D of the Plat of John's
Meadow as per plat recorded under Thurston Counly Auditor's File No.
^ Legal Descri lion is on a of Document.
Reference Number(s) of Documents Assigned or Released:
1. Plat recording number:
^ Additional Reference Numbers on Pa a of Document
Assessor's Tax Pazcel /Account Number(s)
64303600700
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JOHN'S MEADOW
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
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Table of Contents
BACKGROUND .................................................................................................. .............2
DECLARATION .................................................................................................. .............2
ARTICLE I DEFINITIONS ................................................................................... .............3
ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE
PROPERTY ............................................................................................... .............4
ARTICLE QI COMMON AREAS .......................................................................... .............5
ARTICLE N ASSOCIATION ............................................................................... .............5
ARTICLE V EASEMENTS ................................................................................... .............6
ARTICLE VI ASSESSMENTS .............................................................................. .............7
ARTICLE VII MAINTENANCE ............................................................................ ...........11
ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE ............................... ...........13
ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL ......................... ...........14
ARTICLE X PERMITTED AND PROHIBITED USES ............................................ ...........15
ARTICLE XI INSURANCE REQUIREMENTS ...................................................... ...........19
ARTICLE XII DAMAGE OR DESTRUCTION ....................................................... ...........20
ARTICLE XIII CONDEMNATION ....................................................................... ...........20
ARTICLE XIV MORTGAGEES' PROTECTION ................................................... ............20
ARTICLE XV GENERAL PROVISIONS .............................................................. ............22
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JOHN'S MEADOW
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION ("Declaratiod') is made on the day of _
2007, by Michael R. Mastro and Linda A. Mastro, husband and wife ("Declarant").
BACKGROUND
1. Declarant is the owner of certain real property located within the ciTy limits of Yelm,
in Thurston CounTy, Washington, that is legally described on the attached Ezhibit `A" (the
"Properly") and depicted on Exhibit "B" (the "Development Plan"). The Declarant intends to create
on the Property the trsidential wmmuniTy of John's Meadow ("John's Meadow"), with permanently
maintained Common Areas for the benefit of [be owners of lots within John's Meadow (the
"Owners").
2. Declaant desires to preserve and enhance the property values, amenities and
opportunities in John's Meadow and to provide for the health, safety and welfare of the Owners. To
this end, Declarant desires to subject the Properly to the covenants, restrictions, easements, charges
and liens se[ forth in this Declaration.
3. Declarant will incorporate "John's Meadow Homeowners Association" as a nonprofit
Washington corporation ([he "Association") in order [o provide a mechanism for meeting some of the
purposes set forth in this Declaration.
DECLARATION
Declarant hereby declares that the Property known as Iohn's Meadow is and shall be held,
transferted, sold, conveyed and occupied subject to all of the terms and conditions set forth in this
Declaration including, without limitation, the wvenants, restrictions, easements, charges and liens se[
forth m [his Declaration.
Further, except with respect to Sections 7.4, 7.5, 7.6 and 7.7, below, Declarant delegates and
assigns W the Association, upon its creation, the power of. (i) owning, maintaining, and administering
the Common Areas defined below; (ii) administering and enforcing the covenants and restrictions; (iii)
collecting and disbursing the Assessments and charges created m this Declaration; and (iv) promoting
the recreation, health, safety and welfare of the residents.
Further, Declarant hereby reserves the right to assign any or all of DeclazanPs rights and/or
obligations arising out of this Declaration that are no[ assigned to the Association pursuant to the
preceding paragraph. With respect to Sections 7.4, 7.5, 7.6 and 7.7, below, the Declarant may, at its
sole discretion, both:
(a) Retain all of its rights and obligations arising therefrom; and/or
(b) Assign these same rights to a Successor Declaran[(s).
In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, [he
Declarant and Successor Declazant(s) shall both or all independently have [he same rights with respect
[o the enforcement provisions se[ forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Dellaration.
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ARTICLE I
DEFINITIONS
Section 1.1 "ACC" shall mean the Architectural Control Committee as described in
Article VBI.
Section L2 "Articles" shall mean the Articles of Incorporation of the Association.
Section 1.3 "Assessment" or "Assessments" shall mean individual or collective
Assessments arising out of Article VI including, without limitation, P.nnual, Special or
Reimbursement Assessments.
Section 1.4 "Association" shall mean the John's Meadow Homeowners Association, a
Washington nonprofit corporation, and its successors and assigns, if applicable.
Section 1.5 "Board" or "Board of Directors" shall mean [he Board of Directors of the
Association.
Section 1.6 "Builder" shall mean any entity or person that or who shall purchase one (1)
or more Lots and wnstruct a residence [hereon for the purpose of selling or leasing the same.
Section L7 "Bylaws" shall mean the Bylaws of the Association.
Section 1.6 "Common Areas" shall mean the portions of the Property, both real and
personal, in which the Associafion has been granted an ownership interest, easement, lease or right of
control by written instrument, including, without limitation, this Declaration and/or by delineation on
the Plat of John's Meadow for the use and enjoyment of the Members (excepting easements for
maintaining Lots as provided far in Section 5.2(a)). The Common Areas within John's Meadow are
legally described on the attached Exhibit "C."
Section 1.9 "Dec]aranP' shall mean Michael Mastro and Linda Mastro, [heir successors
and assigns; provided, however, that no Successor Declazant(s) or assignee(s) of Declarant shall have
any rights or obligations of Declarant arising out of this Declaration unless such rights and obligations
are specifically set forth in an instrument of succession or assignment duly executed by Declazant.
Section 1.10 "Declaration" shall mean all of the terms and conditions included in this
Declazation of Covenants, Condifions and Restrictions, including without limitation the covenants,
restrictions, easements, charges, liens and all other provisions, as they may from time to time be
amended in accordance with Section 15.6.
Section 1.11 "Development Plan" shall mean the overall general plan illustrating among
other things the intended development of the Plat of John's Meadow that was approved by the City of
Yelm as shown on [he attached Exhibit "B."
Section 1.12 "Federal Mortgage Agencies" shall mean those federal agencies that may
have an interest in the properties, such as the Federal Housing Administration ("FHA"), the Veterans
Administration ("VA"), the Federal National Mortgage Association ("FNMA"), the Federal Home
Loan Mortgage Corporation ("FHLMC"), or the successors [o their respective interests.
Section Ll3 "Firs[ Mortgagee" shall mean a lender who holds the fvs[ mortgage or firs[
deed of tms[ on a Lot and who has notified the Association in writing of its holdings.
Section 1.14 "Fiscal Year" shall mean the accounting year of the Association.
Section 1.15 "Initial Sale" shall mean the conveyance of a Lot from Declarant to a Builder.
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Section 1.16 "Lot" shall mean any numbered parcel of land shown upon any rewrded
subdivision map of the Properly, with the exception of the Common Areas and other areas set aside for
nonresidential use.
Section 1.17 "Manager" shall mean the person, firm, entity or corporation to whom the
Board of Directors may delegate managerial duties.
Section 1.18 "Member" shall mean every person or entiTy [hat owns a Lot and holds
membership in the Association. Membership shall be appurtenant to end may no[ be separated from
ownership of a Lot.
Section 1.19 "Mortgage" shall mean a deed of trust or any other secmity instmment.
Section 1.20 "Notice" shall mean written notice delivered personally or mailed tc the last
known address of the intended recipient.
Section L21 "Owner" shall mean every person or entity, including Declarant, which is a
rewrd Owner of the fee simple title to any Lot, or if any Lot is sold under real estate contract, the
vendee or vendees under [hat contract; provided, however, that the term "Owner" shall not include
[hose having an interest merely as security for the performance of an obligation.
Section 1.22 "Plat" shall mean the planned residential community commonly known as
John's Meadow, which is situated on the Property.
Section 1.23 "Property" shall mean [he real property legally described on the attached
Exhibit "AY
Section 1.24 "Successor Declazant(s)" shall mean the person, firm, entity, company or
corporation to whom the Declarant may assign any right or obligation as provided for above in Section
1.9. In [he event of a partial or complete assignment of any rights and/or obligations arising out of the
Declamtion to a Successor Declarant(s), all references [o Declazant throughout the Declaration shall
also apply to such Successor Declarants) with respect to any and all such assigned rights and/or
obligations. With respect to Sections 7.4, 7.5, 7.6 and 7.7, the Declarant may, at its sole discretion,
both:
(a) Retain all of its rights and obligations arising therefrom; and/or
(b) Assign these same rights to a Successor Declarnnt(s).
1n the even[ of such an assignment by Declarant to a Successor Declarant(s), [hereafter, [he Declarant
and Successor Declarants) shall both or all independently have [he same rights with respect to the
enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration.
ARTICLE II
PROPERTY; DEVELOPMENT PLANS, ADDITTONS TO TFIE PROPERTY
Section 2.1 The Property. The real property that is to be subjected to [his Declamtion is
legally described on [he attached Exhibit "A" and represents the whole of the planned residential
communiTy commonly known as John's Meadow.
Section 2.2 The Development Plan. The Development Plan, illustrated on the attached
Exhibit "B," is Declarant's intended design for the development of John's Meadow as a planned
residential wtnntunity. The Development Plan includes fifty (50) single-family Lots located on
approximately 17.45 acres.
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Section 2.3 Modification of Plans. The Development Plan may be modified and amended
as provided m this Declaration and as provided under City of Yelm development regulations at any
time during [he time required to develop John's Meadow. I[ is currently the intention of Declarant to
develop John's Meadow in full accordance with [he Development Plan, which is, however, conceptual
in nature, and does not bind the Declarant [o improve any portion of [he Property.
ARTICLE III
COMMON AREAS
Section 3.1 Dedication Upon the recording of the Pla[ of John's Meadow, the portions of
the Property designated as Common Areas were dedicated [o the Association. The Common Areas
owned by the Association are legally described on the attached Exhibit "C." Pursuant to the conditions
of approval for John's Meadow, the Common Areas shall be used for the following purposes:
(a) Tract "A" for open space purposes;
(b) Tract "B" for stormwa[er detention faciliTy purposes; and,
(c) Tract "C" for stormwater detention facility purposes.
Section 3.2. Right of Association to Adoo[ Reasonable Rules. Each Owner shall have a
right of enjoyment and use, together with a nonexclusive easement in, over and through the Common
Areas for ingress and egress, which easement shall be appurtenant to and shall pass with the title to
every Lot, subject to the following provisions:
(a) The right of the Association to: (i) adopt reasonable roles governing the use of
the Common Areas and the personal conduct of persons authorized to use said Common Areas; and
(ii) establish appropriate penalties for the violation of those roles; and
(b) The right of the Association to dedicate or transfer by deed or easement all or
any part of the Common Areas [o any public agency, authority, or miliTy; however no such dedication
or transfer shall be effective without the approval of two-thirds (2/3's') of each class of Members
described below in Section 4.2.
Section 3.3 Deleea[ion of Use. Any Owner may delegate its right of enjoyment to
the Common Areas to its family, tenants and guests, subject to the limitations set forth in this
Declaration.
Section 3.4. Association [o Maintain. The Association shall: (i) maintain, repair, replace
and improve the Common Areas as appropriate for afirst-class residential wmmuniTy; and (ii) pay the
actual cost of [he same from Annual or Special Assessments, as appropriate.
ARTICLE IV
ASSOCIATION
Section 4.1 General. Every Owner of a Lot shall be a Member of the Association.
Membership shall be appurtenant [o each Lot and may not be separated from ownership of any Lot.
Ownership of a Lot shall be the sole qualification for membership in the Association.
Secton 4.2. Classes. The Association shall have two (2) classes of voting membership:
(a) Class "A." Class "A" Members shall be all Owners, with [he exception of
Declarant or a Successor Declarant, and shall be entitled [o one (1) vote for each Lo[ owned. When
more than one person holds an interest in any Lot, all such persons shall be Members. The vote for
such Lot shall be divisible and exercised as the Owners determine, but in no even[ shall more than one
(1) vote be cast with respect to any Lot; and
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(b) Class "B." The Class "B" Member shall be the Declarant, and shall be
entitled to three (3) votes for each Lot that may be created on [he Property as depicted on the
Development Plan. The Class "B" Membership shall cease and be converted [o Class "A"
Membership upon the happening of either of the following events, whichever occurs earlier:
(i) When the total votes in the Clazs "A" Membership equals or exceeds the
total votes in the Class "B" Membership, which will occur upon the Dwlarant's or a
Successor Declaran['s initial sale of the 3T" Lot out of [he 50 Lots envisioned in the
Development Plan to Owners who reside on or lease the subject Lot to others who reside on
said Lot; or
(ii) On Ianuary 1, 2022.
Section 4.3 Board of Dnec[ors. The Association shall be managed by a Boazd of
Directors elected or appointed in accordance with the Articles of Incorporation and Bylaws of the
Association.
Section 4.4 Delectation [o Manager. The Board of Directors may delegate any of its
managerial duties, powers, or functions to any person, firm, entity or corporation (the "Manager");
provided that any management agreement may be terminated by the Association:
(a) For cause upon delivery of thirty (30) days advanced written notice; and
(b) Without cause upon delivery of ninety (90) days advance written notice.
The term of any such management ageement may:
(a) Not exceed one (1) year, and
(b) Be renewable by agreement of the parties for successive one- (1) year periods.
The Members of [he Boazd of Directors shall no[ be liable for any omission or improper
exercise by the Manager of any duTy, power, or function so delegated by written instrument executed
by a majority of the Board of Directors.
ARTICLE V
EASEMENTS
Section 5.1 U[iliri and Drainaee Easements for Declarant and/or its Assims. In addition
[o or consistent with easements reserved on the face of the Plat or created by any instnunen[ of record,
nonexclusive easements for utilities and drainage are reserved far the Declarant and/or its assigns, over
a five (5) foot wide strip along each side of the interior Lot lines and over a ten (10) foot wide strip
adjacent to the rear and street side Lot line of each Lot Tn addition, a nonexclusive easement is
reserved for Declarant and/or its assigns over, under, and on all of the Common Areas. Within all of
the eazements, no stmcmre, planting or fill material shall be placed or permitted to remain which may,
in the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or
which may obsWCt or retard the flow of water tluough drainage channels in the easements. The
easement area of each Lot and all improvements within it shall be maintained continuously by the
Owner of the Lo[, except For those improvements for which a public agency, authority, utility
company, and/or the Association is responsible. Fencing and landscape plantings are permitted on the
side and rear property lines az approved by the ACC.
Section 5.2 STEP Svs[em Easement far City of Yelm. In accordance with the note on
the face of the Pla[ of John's Meadow, a perpetual easement is reserved for and granted to [he City of
Yelm, its successors and assigns for the operation, maintenance, and repair of any or all portions of the
Septic Tank Efiluen[ Pumps (S.T.E.P.) system including, but not restricted [o: S.T.E.P. tanks,
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chambers, pressure/gravity sewer connection lines and pump status panel, over, under and though the
Plat. The purpose of [he easement is to provide access for City officers and employees to the CiTy
owned portion of the S.T.E.P. sanitary sewer rystem. The width of the easement shall be five (5) feet
on each side of the pipe and electrical lines as constructed. The width of the tank easement shall
extend five (5) feet beyond the edges of [he tank. The City of Yelm shall also have the right to
temporarily utilize such area beyond the easement area that is necessary for the operation,
maintenance, and any repair activities on the S.T.E.P. system.
Section 5.3 Easement for Association. The Association, the ACC, [he Declarant and its
agents, successors and assigns shall have a nonexclusive easement for access to each Lot and to the
exterior of arty building located thereon during reasonable hours as may be necessary for the following
purposes:
(a) The cleaning maintenance, reparz or replacement of any improvement as
provided in Section 7.1 ([his easement shall also include the reasonable right of entry to [he interior of
any building [o [he extent necessary to perform the work described in Section 7.1);
(b) The maintenance, repair, replacement, or improvement of any Common Area
accessible from a Lot;
(c) Emergency repairs necessary [o prevent damage tc the Common Areas or to
another Lot, or the improvements thereon;
(d) The cleaning, maintenance, repair, or restoration work that the Owner is
required to do, but has failed or refused to do; and
(e) All other acts necessary to enforce this Declaration.
Except in the even[ of an emergency where advance notice is no[ possible, these easements shall be
exercised only after reasonable notice to the Owner.
Section 5.4 Easement for Government Personnel. An easement for access by police, £re,
rescue and other government personnel is reserved across all Common Areas as necessary or
appropriate for the performance of their public duties. As stated on [he face of the plat of John's
Meadow, the City of Yelm shall have an easement over and across Tract "A" to allow access to Tract
..D „
Section 5.5 Easement for Declarant. The Declarant shall have an easement across all
Common Areas for ingress, egress, storage and placement of equipment, materials or utilities, and
such other actions necessary for or related to:
(a) The development and/or maintenance of the Properly; and
(b) The development and/or maintenance of any property owned by the Declarant
at the time of the creation of this Declaration or subsequently acquired by the Declarant that is to be
developed by Declarant and is adjacent to or in the vicinity of the Property.
ARTICLE Vf
ASSESSMENTS
Section 6.t Covenants for Maintenance Assessments.
(a) Each Owner of a Lot by acceptance of a deed therefor, whether or no[ it shall
be so expressed in any such deed or other conveyance, is dcemed [o agree to pay to the Association: (i)
"Annual Assessments" or charges; and (ii) "Special Assessments" for capital improvements.
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(b) The Annual Assessments and Special Assessments, together with interest,
costs and reasonable accounting fees and attomey'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 the same manner as a Mortgage on real properly.
(c) Each Assessment, together with interest, costs, and reasonable accounting
fees and attorney's fees shall also be the personal obligation of the person(s) who is or are the
Owner(s) of the Lot assessed at the time the Assessment becomes due and payable. The personal
obligation shall not pass to [he Owner's successors-in-interest unless expressly assumed by the
successor-in-interest. The new Owner shall be personally liable for Assessments that become due and
payable on and after the date of sale (e.g., date of closing if sold by real estate contract) or transfer of a
Lot to the new Owner (e.g., date of conveyance by deed).
Section 6.2 Purpose of Assessments. The Assessments levied by the Association shall be
used exclusively for the purpose of.
(a) Promoting the recreation, health, safeTy and welfare of the residents of the
Property;
(b) Improving, maintaining, replacing and/or repairing of the Common Areas and
the services and facilities related to the use and enjoyment of said Common Areas;
(c) Paying the casts associated with taxes and insurance related to the Common
Areas, and
(d) Paying the Association's administrative expenses (e.g., accounting fees, legal
fees, office supplies, etc.).
Section 6.3 Annual Assessments. The Board of Directors shall establish the maximum
Annual Assessment that may, from time to time, be increased subject to the following conditions and
limitations:
(a) Until January 1, 2008, the maximum Mnual Assessment shall be One
Hundred Fifty and 00/100ths Dollars ($150.00) per Lot;
(b) After January 1, 2008, and continuing until such time as the Class "B"
Membership ceases to exist, the Board of Dvectors may fix and increase the maximum Annual
Assessment as necessary [o fulfill [he purposes set forth in this Decimation; and
(c) From and after the date upon which the Class "B" Membership ceases to
exist, the maximum Annual Assessment may not be materially increased without an affirmative vote
of two-thirds (2/3`a') of the Class "A" Members who are voting in person or by proxy, at a meeting
duly called for such purpose pursuant to Section 6.11 of this Article. A "material increase" shall be an
increase, which cumulatively for the Association's then current fiscal year increases the Annual
Assessment by more than ten percent (10 % ).
Section 6.4 Commencement of Annual Assessments. The Annual Assessments shell
commence as [o each Lot within the Properly on the first (1") day of the month following the Initial
Sale. The first Annual Assessment shall be prorated to December 3l of the then curten[ calendar year
and shall be collected at the closing of [he Initial Sale.
Section 6.5 Board to Fix Annual Assessment. The Board of Directors shall fix the
Annual Assessment a[ an amount no[ in excess of [he maximum at least fifteen (IS) days prior to the
start of the forthcoming fiscal year. Written notice of the Annual Assessment shall be sent to every
Owner. In the event the Board fails to fix an Annual Assessment for any fiscal year, then the
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Assessment established for the prior year shall automatically be continued until such time as the Board
acts by modifying the Annual Assessment. The Annual Assessments shall be determined in such a
manner so as to be sufficient to:
(a) Meet the obligations imposed by this Declaza[ion and any supplementary
declarations; and
(b) Establish an adequate reserve fund for the maintenance, repair and
replacement of [hose Common Areas that require such actions on a periodic basis.
Section 6.6 Special Assessments for Capital Improvements. In addition to the Annual
Assessments authorized above, the Association may lery in any assessment year, a Special
Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cos[ of
any construction or recons[mction, unexpected repair or replacement of a capital improvement upon
the Common Areas, including, without exception, the necessary fixtures and personal property related
[hereto; provided, however, that any such Special Assessment shall have the assent of two-thirds
(Z/3's`) of the votes of each class of Members who are voting in person or by proxy a[ a meetng duly
called for [his purpose pursuant to Section 6.11 of this Article.
Section 6.7 Reimbursement Assessment. 1n addition [o the Association Assessments, the
first Owner of each Lo[ who is not a Builder shall pay at closing to Declarant a Reimbursement
Assessment in the amount of Five Hundred and 00/100ths Dollars ($500.00). Such Assessment
represents each Lof s pro rata share of the sums advanced for expenses benefiting all of the Owners,
including expenses associated with the establishment of the Association and including the cost of
installing and maintaining certain improvements. The Reimbursement Assessment shall be collected
by the Builder who sold the Lot to the Owner, and if the Builder fails [o collect the Reimbursement
Assessment and/or [o remit such assessment to Declarant, Builder shall be personally liable to
Declarant for the Assessment plus the cost of collection, including attorney's fees.
Section 6.8 Workine Capital ConVibution. At the time of an Initial Sale of a Lot within
the Property the Builder shall pay One Hundred Fifty and 00/IOOths Dollars ($150.00) per Lot to the
Association as a contribution to the working capital of the Association.
Section 6.9 Repair Fund Fee(s). Notwithstanding all of the other provisions included in
this Article VI or in Article VII, below, and without in any way whatsoever diminishing or modifying
the vitality of the [ertns and conditions arising from such other provisions, at the time of an Initial Sale
of a Lo[ within the Property the Builder shall pay to the Declarant a fee in the amount of One Hundred
and 00/100ths Dollars ($100.00) per Lot. This fee shall be used [o perform repairs required as a result
of the City of Yelm's inspection of [he public roads and [he private storm drainage system at the end
of the designated maintenance period (the "Repair Fund Fee(s)"). The Repair Fund Fee(s) shall be
paid in addition to, not in lieu of, any and all other maintenance costs, expenses, fees or charges of any
name or characterization arising from the other provisions included this Declaration, generally,
including without limitation those provided for in Article VII .
Section 6.10 Rate of Assessments. Except as provided for in Section 7.3 below, all
Assessments shall be fixed at a uniform rate for all Lots within John's Meadow.
Section 6.11 Notice and Quorum for anv Action Authorized Under Sections 6 3 and/or 6.5.
Written notice of any meeting conducted pursuant to Sections 6.3 or 6.5 of [his Article shall be sent to
all Members no[ less than thirty (30) days or more than sixty (60) days in advance of the meeting and
shall include a statement explaining of the purpose of the scheduled meeting. A[ the first meeting
called for the purposes set forth in Sections 6.3 and/or 6.5, the presence of Members or of proxies
entitled to cast sixty percent (60%) of all [he votes of each separate and distinct class of Membership
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shall constitute a quomm. If the required quorum is not fortbcoming at any meefing, a subsequent
meeting may be called, subject to the notice requirement set forth above in this Section 6.11, and the
required quorum a[ any such subsequent meeting shall be one-half ('/:) of the required quomm at the
preceding meeting. However, no such subsequent mceting having a reduced quorum requirement
shall be held more than sixty (60) days following the preceding meeting.
Secton 6.12 Certificate. The Association shall, upon request, furnish a certificate in
writing signed by an officer of [he Association setting forth whether the Assessments on a specified
Lot have been paid. The Association may make a reasonable charge for the issuance of these
certificates. Such certificate shall be conclusive evidence of payment or nonpayment of any
Assessment.
Section 6.I3 Effect of Nonoavment of Assessments: Remedies of Association. Any
Assessments [hat are not paid when due shall be delinquent. A late charge equal to five percent (5%)
of [he amount overdue shall be charged for any payment made more than ten (]0) days past the due
date. The Association, after approval by two-thirds (2/3'°') vote of the Board, may increase the
percentage rate of the late charge. If the Assessment is not paid within thirty (30) days after the due
date, the Assessment shall bear interest from the due date at the rate of twelve percent (12%) per
annum, and the Association may bring an action at law against the Owner obligated to pay the
Assessment, or may foreclose the lien against the Lot, and in either event, interest, costs, and
reasonable attorney's fees shall be added m the amount of such Assessment. No Owner may waive or
otherwise escape liability for Annual or Special Assessments by nonuse of the Common Area or by
abandonment of his, her, their, or its Lot.
Section 6.14 Suspension of Votin Rg iehts. In [he 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 Associatioq 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 are fully remedied. In
addition, the Association shall have such other remedies against any such delinquent Member or
Members as may be provided in the Articles, Bylaws and/or Declaration.
Section 6.15 Subordination of Lien to Mortea¢es. The lien of the Assessments provided
for in this Declaration shall be subordinate to the lien of any First Mortgage. Sale or transfer of any
Lot shall not affect the Assessment lien. However, where the mortgagee of a Mortgage of record or
other purchaser of a Lo[ obtains possession of the Lot as [he result of foreclosure of a Mortgage, or by
deed or assignment in lieu of foreclosure, such possessor, or his, her, their or its suceessors and
assigns, shall not be liable for the Assessments imposed by the Association chargeable to such Lot
which became due prior to such possession. Such unpaid share of common expenses or Assessments
shall be dcemed to be common expenses collecKble from all of the Owners, including such possessor,
his, her, their or its successors and assigns.
Secton 6.16 ExemD[ Property. The following portions of the Property shall be exempt
from the payment of Assessments:
(a) All portions of the Properly dedicated to and accepted by a public agency,
authority and/or utility; and
(b) The Common Areas and other areas set aside for nomesidentia] use.
[13]]222 vnd.000I 10
ARTICLE VII
MAINTENANCE
Section 7.1 Standard of Maintenance -Common Arens. The Association shall be
obligated to do the following:
(a) Maintain, repair and replace all wmmuniTy mailboxes, street lights (if not
maintained by a public or private utiliTy company), [he entry signage and any other privately owned
improvement installed or constructed by Declarant during the development of the Property.
(b) Maintain, repair and replace when necessary the landscaping, fencing,
recreational amenities, irrigation systems, s[ornwater drainage and detention facilities and
appurtenances, and other improvements situated within the Common Areas.
(c) Maintain, repair and replace when necessary the landscaping required along
Middle Road, subject to City of Yehn regulations.
(d) Maintain, repair and replace the s[ormwater systems and facilities that serve
John's Meadow.
The Board shall be responsible to make all decisions as to [he work required under [his
provision. All expenses incurred in performing the obligations described in this Article shall be paid
far by the Association and become part of the Assessments described above in Article VI; provided,
however, that if any of such work is required as the result of any negligent or intentional act or
omission of any Owneq or his, her, their or its guests, family or tenants, the ws[ of such work shall be
paid for exclusively by such Owner, and shall become part of the Assessment levied against the Lot
owned by such Owner.
Secton 7.2 Standazd of Maintenance -Other Areas. Each Owner shall have the
obligation to maintain his, her, their or its Lot and any building, landscaping, fencing or other
improvements located on the Lot (and including as part of the Lot the planting strip located adjacent to
the public street) to standards appropriate for afirst-class residential community. The planting strip
maintenance requirement does not apply [o any Lots that adjoin Middle Road on the boundary of the
Lot that is adjacent [o those roads, which is to be maintained by the Association. All roof drain runoff
infiltration systems located on a Lot shall be maintained by the Owner. U accordance with the note on
the face of the Pla[, Owners shall also be responsible for the maintenance of the House Lateral
wnnecting the S.T.E.P. tank to the house plumbing and the inlet to the tank chamber.
Section 7.3 Remedies for Failure to Maintain. If the Owner of any Lot fails to so
maintain the Lot, buildings, landscaping, fencing, trees, landscaping and/or other improvements to
those standards ("Non-Conforming Owner"), the Association, after approval by two-thirds (2/3`ds) vote
of the Board, shall have the right, through its agents and employees, to enter upon the Lot and to clean,
repair, maintain, and restore [he Lot and the exterior of the buildings and other improvements;
provided, however, that any altem[ion or demolition of cons[rncted improvements may only take place
atterjudicial proceedings are instituted. The cost of such exterior maintenance and all court costs, and
attorney's fees incurred in enforcing this provision shall be added to and become part of the
Assessments for such Non-Conforming Owner's Lot, fully subject to the remedial provisions set forth
in Article VI.
Section 7.4 Street Trees and Plantine Strips. As a condition of approval for Iohn's
Meadow, the Declarant was required [o install certain trees adjacent to the road right of way according
to the landscape plan approved by the city of Yelm ("Street Trees"). Each Builder or Owner is
ttanzzz wa.nool 11
responsible to maintain said Street Trees and in the even[ any Street Tree is removed or damaged for
any reason, the Owner of the Lot upon which the Street Tree is located (and including as part of the
Lot the planting strip located between the street and the sidewalk adjacent to the Lot, if applicable)
shall immediately replace the tree with a tree that is the same species and of similar size. If it is
necessary for the Declarant to replace any Street Tree due to failure of the Builder or Owner to do so,
Builder or Owner shall reimburse Declarant for the wst of replacing same. In the event any Builder or
Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said
Builder or Owner [o secure payment of said reimbursement. If it cannot be determined which Builder
or Owner was responsible for the violation of the above provisions, then the Association shall
reimburse the Declarant for any expenses incurred by [he Declarant within thirty (30) days of receipt
of Declarant's request. Regardless of any other provision m this Declaration, [his Section cannot be
amended for a period of [en (10) years after recording of this Declaration.
Section 7.5 Street Repair Maintenance and Cleaning During, Development of Plat. All
Builders and Owners shall use due diligence to avoid allowing any unnecessary diq debris or other
material from washing onto the road as a result of any construction activities and shall a[ all times
remain responsible for keeping the road clean of any such debris, dirt or material. In addition, all
Builders or Owners shall use due diligence to avoid causing any damage to the road or sidewalks and
all roads, sidewalks and other improvements constructed by the Declarant. Any Builder or Owner
who violates the provisions of this Section shall reimburse the Declarant, upon request, far any
ezpenses incurred by Declazant because of the failure of the Builder or Owner [o abide by the terms
and provisions of this Section. N the event any Builder or Owner does no[ pay the same upon request,
then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said
reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation
of the above provisions, then the Assceiafion shall reimburse the Declarant for any expenses incurred
by [he Declarant within thirty (30) days of receipt of Dulazant's request. Notwithstanding any other
provision in this Declaration, this Section cannot be amended for a period of [en (]O) years after
recording of this Declaration.
Section 7.6 Maintenance of Stormwa[er Dralnaee Svs[em During Development of Plat.
All Builders or Owners shall use due diligence to avoid allowing any materials from washing or being
put into the stormwa[er drainage system as a result of construction activities conducted by said Builder
or Owner. This includes any sediment, cement slurry, or other material washing off or coming off of
any Lo[ upon which a Builder or Owner is wnsmvcting an improvement. In the event any Builder or
Owner is in violation of the provisions of this Section, that Builder or Owner shall pay a maintenance
charge [o the Declarant in an amount to be determined by the Declarant' but not to exceed five
hundred and 00/100[hs Dollars ($500.00) for each violation. In addition, each Builder or Owner
agrees to indemnify the Declazant from any costs or charges which the Declarant may incur in
connection with the cleaning and maintenance of the stormwater drainage system as a result of any
violation. Any Builder or Owner who violates the provisions of this Section shall reimburse the
Declarant, upon request, for any expenses incured by Declarant because of the failure of [he Builder
or Owner to abide by the provisions of this Section. In the even[ any Builder or Owner does not pay
the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to
secure payment of said reimbursement. If it cannot be determined which Builder or Owner was
respomsible for the violation of the above provisions, then [he Association shall reimburse the
Declarant for any expenses intoned by the Declarant within thirty (30) days of receipt of Declazant's
request. Notwithstanding any other provision in [his Declaration, this Section cannot be amended for
a period often (10) years after recording of this Declaration.
Section 7.7 Utility Repair and Maiptenance Durine Development of Plat. All Builders or
Owners shall use due diligence to avoid allowing any damage to occur [o any utility or related system
1138222 v04.tlw1 12
improvement as a result of wns[ruction activities conducted by said Builder or Owner. In [he even[
[hat such damage occurs, the Builder or Owner agrees m immediately repair or replace same. Any
Builder or Owner who violates the provisions of [his Section shall reimburse the Declarant, upon
request, for any expenses incurted by Declazan[ because of the failure of [he Builder or Owner to abide
by the terms and provisions of this Section. Tn the event any Builder or Owner does not pay the same
upon request, then the Declazant shall have a lien against [he Lot of said Builder or Owner to secure
payment of said reimbursement If it cannot be determined which Builder or Owner was responsible
for [he violafion of the above provisions, then the Association shall reimburse the Declarant for any
expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request.
Notwithstanding any other provision in this Declaration, [his Section cannot be amended for a period
often (10) years after recording of this Declaration.
Section 7.8 Repairs Required by the City of Yelm. Any repairs, modifications,
alterations, upgrades, improvements and/or labor, material and/or equipment required following the
City of Yelm's inspection of the public roads and private storm drainage system a[ the end of the
designated maintenance period may be paid for from the proceeds of the Repair Fund Fee(s) wllected
pursuant to Section 6.9 above and/or, N Declazant's sole discretion, through the procedures set forth
herein in Sections 7.4, 7.5, 7.6 and 7.7, generally.
ARTICLE VIII
ARCHITECTURAL CONTROL COMMITTEE
Section 8.7 Appointment and Membership. There is hereby constituted an Architectural
Control Committee (the "ACC"). The Declarant shall have the unilateral right [o select the members
of the ACC, a[ [he Declazant's sole and exclusive option, until each and every Lot is fully developed
and a house is constructed [hereon. Thereafter, the ACC shall be appointed by the Boazd. A majority
of the ACC may designate a representative to ac[ For i[, which representative shall be known as the
"Control Architect"
Section 8.2 Guidelines. The ACC shall have the authority to adopt and amend written
guidelines to be applied in its review of plans and specifications, m order to further the intent and
purpose of this Declaration and any other covenants or restrictions covering the Property. If such
guidelines are adopmd, [hey shall be available to all Members upon request.
Section 8.3 Mcetines; Compensation. The ACC shall meet as necessary to properly
perform its duties, and shall keep and maintain a record o£ all actions taken at the meetings or
otherwise. Unless authorized by the Associatioq neither the Contra] Architect, nor the members of
the ACC shall receive any compensation for their services. Both the Control Architect and members
of the ACC shall be entitled to reimbursement for reasonable expenses incurred in connection with the
performance of eny ACC authorized duties.
Section 8.4 Nonwaiver. Approval by [he 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 8.5 Liabili Neither the ACC nor any of its members shall be liable to the
Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good
faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to
the ACC. The ACC or its members may, during its review and consideration of any matter or issue
over which i[ has jurisdiction, wnsult with the Association or any Owner with respect [o any plans,
drawings, specifications, or any other inquiry received by the ACC and/or proposal submitted to the
ACC.
It3n22z vob.aod 13
ARTICLE IX
ARCIITTECTURAL AND LANDSCAPE CONTROL
Section 9.1 Aoo oval of Plans Reau red. Except as provided for in Section 9.2 below,
none of the following actions may be taken until plans and specifications for the same have been
approved in writing by the ACC:
(a) The constmction of private roads or driveways;
(b) The conswction or erection of any building, fence, wall or other structure,
including the installation, erection, or construction of any solar collection or satellite device;
(c) The remodeling, reconstruction, or alteration of any road, driveway, building
or other structure; and
(d) The landscaping or alteration of any existing landscaping upon any azea
which is required to be maintained either by the Association or any Owner pursuant [o this
Declaration.
Section 9.2 Aoorova] Not Required. Notwithstanding any other provision included in this
Declaration, the approval of the ACC shall not be required for each of the following:
(a) Action taken by Declarant to develop the Property in accordance with the
Development Plan;
(b) The construction by Declarant of any single-family home;
(c) Other development activiTy undertaken by Declarant (including, without
limitation, clearing, grading construction of utilifies landscaping,
construction of driveways, parking areas, fences, etc J on any Lot and
(d) Construction by a Builder of any improvement rop vided that the Builder has
obtained a waiver in writing from the ACC exempting that Builder from the
ACC approval process in advance of commencement of construction. Such
waiver may be granted by the ACC following its review and approval of a
speci£c base plan that will be repeatedly constructed in the Plat and must be
obtained prior to the initiation of construction.
Section 93 Procedure for Review. Any person desirous of obtaining ACC review and
approval as provided for in this Article IX shall submit to [he ACC anon-refundable review fee in the
amount of two hundred Bfty and 00/]OOths Dollars ($250.00) along with two (2) sets of plans and
specifications showing at a minimum:
(a) The size and dimension of the proposed and existing (if applicable)
improvements;
(b) The proposed and existing (if applicable) exterior design;
(c) The proposed exterior color scheme;
(d) The exact location of the proposed and existing (if applicable) improvement
on the Lot
(e) The exact location of proposed and existing (if applicable) driveways and
parking areas;
(f) The proposed and existing (if applicable) scheme for surface water drainage
and grading;
113]7222 vaa.docl 14
(g) The proposed and existing (if applicable) landscaping plan;
(h) The proposed and existing (if applicable) outdoor lighting plan; and
(i) The materials [o be used in proposed construction.
Approve] or disapproval of such plans and specifications shall be evidenced by written notation on
such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon
which the proposed action is to be taken The ACC shall not be responsible for any structural defects
in such plans or specifications or in any building or stmctme erected according to such plans and
specifications. The ACC shall issue its decision within thirty (30) business days from the date the
completed plans and specifications satisfying and complying with all of the foregoing stated elements
are received by the ACC.
Section 9.4 Criteria for Aoproval. Approval of plans and specifications will be withheld
or conditioned if the proposed action is m variance with any part of [his Declaration including without
limitation the covenants, other covenants covering the Properly, or design guidelines adopted by the
ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed
action will be detrimental to the community because of the grading and drainage plan, location of the
improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, sTyle,
materials, outdoor lighting proposed, landscaping plan, or For any other reasonable objection
supported by the information reviewed and considered by the ACC.
Section 9.5 Conformity with Approved Plans. It shall be the responsibility of the ACC to
determine thm the improvement was completed in accordance with the plans as submitted and
approved. Such determination must be made within sixTy (60) days of the completion of the
improvement. If the ACC shall determine that the improvement does not comply with the plans and
specifications as approved, it shall notify the Owner within that sixty (60) day period. IF the Owner is
so notified, that Owner shall within such time as the ACC shall specify, but not less than thirty (30)
days either;
(a) Remove or alter the improvement; or
(b) Take such other steps as the ACC shall designate to bring the improvement
into conformity.
Section 9.6 Governmental Permits. No construction or exterior addition or change or
alteration of any structure may be started on any portion of a Lot without [he Owner first obtaining a
building permit and any and all other necessary pernits from all governmental entities having
jurisdiction over the Property.
ARTICLE X
PERMITTED AND PROHIBITED USES
Section I0.1 General. All Lots shall be used solely and exclusively for private single-
family homes with appurtenant garages. A building site shall consist of not less than one (1) Lot as
shown on the Development Plan. No Lot shall be divided except with the permission of the ACC and
the City of Yelm. The boundary between two Lots may be adjusted pursuant to a boundary line
adjustment authorized by RCW 59.17.040(6). Any building or structure to be erected, constmcted or
maintained shall be commensurate in quality with the other homes in the Plat.
Section 10.2 Dwelline OualiN and Size. No home shall be permitted on any Lot without
the prior written approval of the ACC. It is the intention and purpose of these covenants to assure that
all homes shall be of quality workmanship. All homes must have a minimum of 1,400 squaze feet of
lr snzaz wa.aool 15
living space for asingle-story home ar 1,600 square feet for amulti-story home. Garages and
unheated areas shall not be included in determining square footage.
Section 10.3 Land Use and Buildine Tvces. All Lo[s subject [his Declaration shall be used
only for residential purposes. No stmctures of any kind shall be erected or permitted to remain on any
Lot other than single family homes, gamges, workshops, and stmc[ures normally accessory to such
homes. No carports will be allowed and all garages must have doors. All dwellings shall be "s[ick-
built." Mobile homes, manufactured housing, and modular homes are specifically not permitted. At a
minimum, atwo-car garage is required. A three-car garage may be permitted. Where it is
architecturally possible, the garage shall be inwrporated in or made a part of [he dwelling. No
detached gazages shall be permitted except with the express approval of the ACC. If a detached
garage is permitted, it may incorporate an "accessory dwelling unit" above the garage; provided [hat i[
is approved by all government entities having jurisdiction over the Property. On-site pazking
provisions for no less than two (2) automobiles shall be provided in addition to garage automobile
storage.
Section 10.4 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot
nearer [c any street than the Tess restrictive of:
(a) The building setback line; or
(b) The front facade of [he primary residence, excluding the garage.
Notwithstanding the foregoing, nothing shall prevent:
(i) The erection of a necessary retaining wall (the top of which does not
extend more than two (2) fee[ above the finished grade at the back of said
wall); and
(ii) Fences closer to the front boundary of a Lo[ than otherwise allowed for in
this Section, provided that they ere approved in advance and in writing by the
ACC.
The ACC shall no[ approve fences that are not constructed in accordance with the design
guidelines attached as Exhibit "D."
Section 10.5 Si¢ht Distance a[ Intersection. No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between two (2) and six (6) feet above the finish elevation of the
roadways shall be placed or permitted to remain on any comer Lot within the triangular azea formed
by the right of way lines and a line connecting [hem at points twenty-five (25) feet from the
intersection of the right of way lines, or, in the case of a rounded Lo[ comer, from the intersection of
the right of way lines extended. The same sight-line limitations shall apply on any Lot within ten (10)
feet from [he intersection of a street-side property line with the edge of a driveway or alley pavement.
No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is
maintained a sufficient height to prevent obstmction of such sight lines. This provision shall
specifically apply to Lo[ 28, as well as all other comer Lots within John's Meadow.
Section 10.6 Temporary Structures. No pre-existing building or s[mcmre shall be moved
onto any portion of the Property. No trailers or manufactured housing shall be maintained on any Lo[
as a residence. No building of any kind shall be erected or maintained on a Lot prior to the erection of
either a detached or attached single family dwelling thereon, except that a garage or other small
building or permanent stmcture may be erected for the storing of tools and other articles but shall no[
be used for residence purposes. Nothing in [his Section shall prevent the temporary use of a
It snzzz voa.aocl 16
cons[mction shack and/or trailer during the construction of any approved dwelling and/or during the
development of the Property by Declarant.
Section 10.7 Construction. The work of constmction of al] building and strucures shall be
prosecuted diligently and continuously from commencement of cons[mction until the stmctures are
fully completed and painted. All structures shall be wmple[ed as to external appearance, including
siding on the front of the s[mcture and also including finish painting, within siz (6) months from the
date of commencement of constmction. Except with the advanced written approval of the ACC, no
persons shall reside upon the premises of any Lot until such time as [he improvements to be erected
[hereon in acwrdance with the plans and specifications approved by the Control Architect or ACC
have been fully completed to the reasonable satisfaction of the ACC.
Section 10.8 Setbacks. No building shall be located on any Lo[ nearer to the front Lot line
or nearer to the side street than [he minimum building setback lines adopted by [he governmental
authority with jurisdiction over the Plat and/or as shown on the recorded Plat.
Section 10.9 Exterior Liehtine. Exterior lighting of any sort [ha[ would be visible from any
street or from any other Lo[ shall not be installed without first obtaining advanced written approval of
[he ACC.
Section IO.IO Roofs. Roofing materials shall be architectural grade composition roofing
with a minimum life span of 30 years, subject to fire condifion [hat the ACC, in its sole discretion and
upon request, may permit substitution of other roofing materials.
Section 10.11 Drvvewavs. All driveways, including any access [o the rear yard of any
residence, shall be of a hard surface construction of concrete.
Section 10.12 Exterior Finish. The siding of each home shall be finished with cedar, stone,
brick (real or simulated), vinyl lap or bevel lap siding. Panel siding, "T-1-11" or the equivalent is not
permitted on the front of each home, but is permitted on the other sides of each home. All colors and
any other type material shall be approved by the ACC. All metal fireplace chimneys shall be either
wood or stone wrapped. The front of each home must contain a[ least 100 square feet of authentic or
simulated brick or stone.
Section 10.13 Buildine Materials. All improvements constmc[ed on any Lot shall be built
of new materials, with the exception of "decor" items such as used brick and similar items. The ACC
will determine if a used material is a "decor" item. Tn making this determinatioq the ACC will
consider whether the material harmonizes with the aesthetic character of the other residences and
whether the material would add to the attractive development of the Plat.
Section 10.14 Garbaee and Refuse Disoosal. No garbage, rubbish or cuttings shall be
deposited on or left on the Lot premises, unless placed in an attractive container suitably located and
screened from public view.
Section 10.15 Storaee and Placement of Buildin¢ Materials. No building material of any
kind shall be placed or stored upon any portion of the Property in [he Plat until the Owner is ready to
commence construction; then such material shall be placed only within the boundary of the Lot upon
which sWCmres are to be erected and shall not be placed m the street or on any Common Area.
Section 10.16 Nuisances. No noxious or undesirable thing or noxious or undesirable use of
the Property shall be permitted or maintained whatsoever. The ACC's determination of any
undesvable or noxious: (a) thing; and/or (b) use of the Property, shall be conclusive.
The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary,
including ins[imtion of a legal action of the imposition of fines [c abate any activity, remove anything
113]]222 vm4.tlac] 17
or terminate any use which is determined by the ACC or described in [his Declaration [o constiN[e a
nuisance.
Section 10.17 Sims. No sign of any kind shall be placed on the Property, except:
(a) Signs identifying the Owner and address of [he Lot; or
(b) Signs designating a Lot or residence for sale or rent.
No such signs shall be of a size greater than two fee[ (2') square (e.g. four square feet) and shall no[ be
of a nature offensive or obnoxious to Owners within the Plat. No business signs, advertising signs or
signs in any way relating to occupation or profession shall be allowed.
None of the foregoing provisions shall apply [o signs placed upon the Property by [he
Declarant during the initial development of the Plat.
Section 10.18 Oil and Minine Operations. Oil drilling or oil development operations,
refining, mining operations of any kind or the operation of quarries, gravel and sand pi[, solid
removing or topsoil sVipping shall no[ be permitted on any of the Lots. No oil wells, tanks, [mnels,
mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in
boring for oil or natural gas shall be erected, maintained or permitted on any Lot.
Section 10.19 Individual Water Systems. No individual water supply systems shall be
permitted on any Lo[.
Section 10.20 Clotheslines. No outdoor clotheslines shall be located on any Lot.
Section 10.21 Fuel Tanks. No fuel tank shall be maintained above ground on any Lo[,
unless screened from view in a manner satisfactory to [he ACC as evidenced by a written advanced
approval. No underground fuel tanks shall be placed, buried or maintained on the Property.
Section 10.22 Excavation. Except with the advanced written approval of [he ACC, or
except as may be necessary in connection with the construction of any improvement, no excavation
shall be made on nor shall any dirt be removed from any Lot.
Section 10.23 Animals. No animals, livestock or poultry of any kind, other than household
pets, shall be kept or mainmined on any part of the Properly. Dogs and cats, not to exceed a font of
two (2), may be kept on any Lot, provided that they are not kept, bred or maintained for any
commercial use or purpose. No reptiles shall be kept upon [he premises. Any dogs must be kept so as
to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the
terms of this Declaration Animals shall not be allowed to roam loose outside the boundazies of [he
Lot upon which they are kept.
Section 10.24 Cuttin¢ of Trees. Except as provided m Section 9.2 above, no cutting of Vees
on the Property shall be permitted without the advmced written approval of the ACC.
Section 10.25 Natural Drainaee. The Owner of any Lot shall not take any action which
would interfere with surface water drainage across [hat Lot either through namral drainage or drainage
easements. Except with [he advanced written approval of the ACC, the natural drainage course over
any Lot shall not be changed.
Section 10.26 Vehicle Parkine. No vehicle may be parked on any building Lot, except on
designated and approved driveways or parking areas, which areas shall be hard-surfaced. Not
withstanding [he foregoing, no vehicle may be parked within the area designated on the face of the
Plat as a "shared driveway." Any hard surfaces shall be constructed only in accordance with the site
plan approved in writing in advance by [he ACC. Only the cars of temporary guests and visitors may
[1377222 v04.tlod ] g
be parked on the public streets. All other vehicles shall be parked in garages or on designated and
approved driveways or parking areas located entirely on a Lot.
Section 10.27 Inocerable Vehicles. No inopemble vehicles, motorcycles or other
motorized apparatus shall be stored on the Lots, the Common Areas, the streets or anywhere within [he
Plat. If an Owner refuses to remove an inoperable vehicle, the ACC shall have the power to remove
the vehcle at [he Owner's expense at anytime 24-hours after the posting of an intent to [ow notice
conspicuously on the vehicle.
Section 10.28 Recreational Vehicle Prohibition. Except with [he advanced written
approval of the ACC, Owners az no time shall keep or permit to be kept on [heir Lot any house trailer,
unattached camper, recreational vehicle ("RV"), boat or boat trailey unless the same is housed within
a garage or located in the rear yard and suitably screened from view from the street and adjacent Lot(s)
using a solid board fence at least six (6) feet in height the design of which has been approved by the
ACC in advance of the commencement of its wnstruction.
Section 10.29 Recreational Vehicle Limited Exception. Owners who have guests
visiting them intending to stay in a camper, trailer, or other form of recreazional vehicle may secure
written permission from the ACC for guests to park a vehicle upon the Lot or the public street for a
time no[ to exceed sevenTy two (72) hours m any calendar year. The privilege shall only ezist,
however, after the written permission has been obtained from the ACC, or its authorized
representative. M Owner that stores a recreational vehicle off-site may park the vehicle on the
driveway or other unscreened area for twenTy-four (24) hours for the purpose of preparing for
departure or upon return to facilitate preparation and return from travel.
Section 10.30 Repair of Vehicles or Equipment No repay or dismantling of any
automobile, motorcycle, other vehicle or equipment shall be permitted on the Property; except within
enclosed garage which are kept closed. No mechanical repairs shall be conducted upon the premises;
except minor maintenance and mechanical work by an Owmer on said Owner's private vehicle;
provided that any such conduct be in a manner which is not offensive [o persons residing in the Plat, is
not unsightly, does not result in unusual noise or debris being placed upon the Property and is th
keeping with a £ust-class residential community.
Section 10.31 Utility Lines; Radio and Television Antennas and Dishes. All electrical
service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or
exterior radio or television Vansmission or receiving antennas or dishes shall 6e erected, placed, or
maintained on any part of a Lot if they are visible from any street unless it is approved in advance in
writing by the ACC prior to installation or constmction. Any waiver of these restrictions shall not
cons[imte a waiver as to other Lots or lines, antennas or dishes.
Section 10.32 Firearms and Fireworks. No firearms or fueworks of any kind shall be
discharged within the Plat.
Section 10.33 llirt Bikes and/or ATVs. No unlicensed motor vehicles, including
motorcycles, dirt bikes, motor scooters, ATVs, etc., shall be permitted on any road within the Pla[, nor
shall dirt bikes or ATVs be permitted [o operate on any Lot within the Pla[.
ARTICLE XI
INSURANCE REQUII2EMENTS
The Association shall continuously maintain in effect such casualty, flood and liability
insmance and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, if any,
for a planned unit development project established by Federal National Mortgage Association, Federal
1lanzzz v04.da<] 19
Home Loan Mortgage Corpomtion, Veterans Administration, and Govemment National Mortgage
Association, so long as any of them are a mortgagee or Owner of a Lot within the project, except to
the extent such coverage is not available or has been waived in writing by Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Govemment
National Mortgage Association.
ARTICLE Xll
DAMAGE OR DESTRUCTION
Section 12.1 Tn [he event of damage or destmction to al] or part of the Common Areas, the
insurance proceeds, if sufficient, shall be applied [o repair, reconstmct or rebuild the damaged and/or
destroyed Common Areas in accordance with the original plans. Such repair, reconstruction or
rebuilding shall be arranged for promptly by the Boazd.
Section 12.2 ff the insurance proceeds are insufficient to pay for the cost to repair the
Common Areas, the Board shall promptly, but in no even[ later than ninety (90) days after the date of
damage or destruction, give notice to and condos a special meeting of the Owners to review the
proposed repairs, replacement, and reconsfmction, as well as the projected cost of such repairs,
replacement or reconstruction. The Owners shall be deemed to have approved the proposed repairs,
replacement, and reconstmction as proposed by the Board at that meeting, unless the Owners decide
by an affirmative vote of fifty-one percent (51%) of the total votes cast at such meeting (provided a
quomm exists), m repair, replace, or rewnstmct any portion of the Common Areas in accordance with
the original plan in a different manner than that proposed by the Board. )n any case, however, use of
hazard insurance proceeds for other than repair, replacement, or reconstruction of any portion of the
Common Areas in accordance with the original plans shall not be permitted without the prior written
approval of at least sixty-seven percent (67%) of [he First Mortgagees (based on one (1) vote for each
First Mortgage owned) or Owners (if there is no First Mortgage on [hat Lot) of the Lots.
ARTICLE XIII
CONDEMNATION
In the even[ of a partial condemnation of the Common Areas, the proceeds shall be used [o
restore the remaining Common Areas, and any balance remaining shall be retained by the Association.
In the highly unlikely 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 remain in the
Association as additional working capital.
No proceeds received by the Association as the result of any condemnation shall be distributed
to any Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot.
ARTICLE XIV
MORTGAGEES'PROTECTION
Section 14.1 As used in this Declazation: (a) "mortgagee" includes the beneficiary of a
deed of tmst, a secured party, or other holder of a securiTy interesq (b) "foreclosure" includes a notice
and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (c)
"institutional holde2' means a mortgagee which is a bank or savings and loan association or
established Mortgage company, or other entity chartered under fedeml or state laws, any corporation
or insurance company, or any federal or state agency.
Section 14.2 The prior written approval of at least seventy-five (75) percent of the First
Mortgagees (based on one vote for each first Mortgage owned) of the individual Lo[s shall be required
for each of the following:
[139822 ve° Goc] 20
(a) Any material amendment to this Declaration or to the Articles of
Incorporation or Bylaws of the Associatioq including, but not limited to, any amendment which
would change the ownership interests of the Owners in the Pte[, change the pro rata interest or
obligation of any individual Owner for [he purpose of lerying assessments or charges or for allocating
distributions of hazard insurance proceeds or condemnation awards;
(b) The effectuation of any decision by the Association m terminate professional
management and assume self-management (however this shall not be dcemed or construed [o require
professional management);
(c) Partitioning or subdividing any Lot;
(d) Any act or omission seeking to abandoq partition, subdivide, encumber, sell
or transfer any portion of the Common Areas; provided, however, that the granting of easements for
public utilities or other public purposes consistent with the intended use of the Common Areas shall
no[ be deemed a transfer within the meaning of this clause;
(e) Any ac[ or omission seeking to change, waive or abandon any scheme of
regulations or enfomement thereof, pertaining to the architectural design or the exterior appearance of
buildings and other improvements, the maintenance of common areas, landscaping, perimeter fencing,
or [o the upkeep of lawns and plantings on the Property;
(f) Any act or omission whereby the Association fails [o maintain fire and
extended coverage on insurable Common Areaz or commonly owned property on a current
replacement cost basis in an amount not less than one-hundred percent (100%) of the insurable value
(based on current replacement costs); and
(g) Use of hazard insurance proceeds for losses to any common property for other
than the repair, replacement or reconstruction of such damaged or destroyed Common Areas.
Section 14,3 Each First Mortgagee (as well as each Owner) shall be entitled to timely
written notice of
(a) Any significant damage or destruction to the Common Areas;
(b) Any condemnation or eminent domain proceeding effecting the Common
Areas;
(c) Any default under this Declaration or the Articles of Incorporation or Bylaws
which gives rise to a course of action against [he Owner of a Lot subject to the mortgage of such
ins[imtional holder or insurer, where the default has not been cured in thirty (30) days; and
(d) Any material amendment of this Declaration or [o the Articles of
Incorporation or Bylaws of the Association.
Section 14.4 Each First Mortgagee shall be entitled, upon request, [o:
(a) Inspect the books and records of the Association during normal business
hours;
(b) Require the preparation of, a[ its sole expense, and, if preparation is so
required, receive an annual audited financial statement of the Association for the immediately
preceding fiscal year, except that such statement need not be furnished eazlier than nineTy (90) days
following the end of such fiscal year; and
(c) Receive written notce of all meetings of the Association and be permitted to
designate a representative to attend all such meetings.
[13]]222 v04.tlad 2I
Section 14.5 First Mortgagees of any Lot may, jointly or singly, pay [axes or other charges
which are in default and which may or have become a charge against the Common Areas, and may pay
overdue premiums on harard insurance policies, or secure new hazard insurance coverage on the lapse
of a policy, for such Common Areas, and the First Mortgagees making such payments shall be owed
immediate reimbursement therefor from the Association.
ARTICLE XV
CENEILIL PROVISIONS
Section 15.1 Bindine Effect. All present and furore Owners and/or occupants of Lots shall
be subject m and shall comply with the provisions of this Declarmton, and the Bylaws and rules and
regulations of the Association, as [hey may be amended from time [o time. The acceptance of a deed
or conveyance and/or [he entering into occupancy of any Lot shall constitute an agrcement [hat the
provisions of this Declaration, the Articles of Incorporation, the Bylaws, and rules and regulations of
the Association, as they may be amended from time to time, are accepted and ratified by such Owner
or occupant, and all such provisions shall be dcemed and taken to the covenants mooing with the land
and shall bind any person Having at any time any interest or estate in such Lot, as [hough such
provisions were recited and stipulated at length in each and every deed, conveyance, rental agreement
or lease thereof.
Section 15.2 Enforcement. The Declarant, Association and any Owner shall have the right
to enforce, by any proceedings a[ law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Should the
Declarant, Association or any Owner employ counsel to enforce any of the foregoing covenants,
conditions, reservations, ar restrictions, all costs incurred in such enforcement, including a reasonable
fee for counsel, shall be paid by the party found to be:
(a) In violation of said condition, covenant, reservation, restriction or any
provision of this Declaration; or
(b) Delinquent in the payment of said lien or charge.
Section 15.3 Failure to Enforce. No delay or omission on the part of the Declarant,
Association or [he Owners of Lots in exercising any rights, power, or remedy provided in this
Declaration shall be construed as a waiver of 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 Declarant for or on account of its failure to bring any
action for any breach of these covenants, conditions, reservations, or reshictrons, or for imposing
restrictions which may be unenforceable.
Section 15.4 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order shall no[ affect any other provision included in [his Declaration which shall
remain in full force and effect.
Section 15.5 Interpretation. In interpreting this Declaration, the term "person" may include
natural persons, partnerships, limited liability companies, 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 [o enforce its provisions [o effectuate the purpose of protecting and
enhancing the value, marketability, and desirability of the Property by providing a common plan for
the development of the Plat.
Section I5.6 Amendment. The covenants and restrictions of this Dularation shall ran with
and bind [he land, for a term of twenty (20) years from the date this Declaration is recorded, after
[13]]222 v04.tlx] 22
which time they shall be automatically extended for successive periods of ten (]O) years. This
Declaration may be amended at any time by a vote of seventy-five percent (75%) of the Members
subject to [he limitations set forth in [his Declaration (e.g., Sections 15.7 and 15.g, etc.). Any
amendment must be in writing, signed by the approving Members or Owners, and prior to its
effectiveness, must be recorded with the Thurston County Auditor's office.
Section 15.7 Power of Declarant to Amend [o Meet Financing Reauireme ts.
Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of
any Owner, a[ any time prior [o the time it has sold and closed seventy-£ve (75%) percent of the Lots,
amend this Declaration by an instrument signed by Declarant alone in order [o satisfy the requirements
of the Federal Mortgage Agencies.
Section 16.g Certain Riehts of Declarant. For such time as Declarant shall own Lois [here
shall be no amendments to the Declaration, the Articles of Inwrpomtion, [he Bylaws of the
Association, or any Rules and Regulations adopted by the Association which:
(a) Discriminate or tend to discriminate against the Declarant's rights as an
Owner.
(b) Change Article I ("Definitions") in a manner that alters Declarant's rights or
status.
(c) Alter the character and rights of membership or the rights of Declarant as set
forth in Article N.
(d) Alter previously recorded or written agreements with public or quasi-public
agencies regarding John's Meadow.
(e) Alter Article V B, Sections 7.4, 7.5, 7.6 or 7.7;
(f) Alter its rights as set forth in Articles VIII and LY relating to architecNral
controls.
(g) Alter the basis for Assessments.
(h) Alter the provisions of the use restrictions as set forth in Article X.
(i) Alter the number or selection of Directors as established in [he Bylaws.
Q) Alter the Declarant's rights as they appear under this Article.
M WITNESS WHEREOF, the undersigned have caused this Declaration to be
executed [his day of , 2007.
Michael R. Mastro Linda A. Mastro
Date: Dale:
[1379222 v04 Gac] 23
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
On this day personally appeared before me MICHAEL R. MASTRO to me Imown [o be the individual
described in and who executed the within and foregoing instrument, and acknowledged that he signed the same
as their free and voluntary ac[ and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2007.
TypelPrint Name
Notary public in and for the State of Washington
Residing at
My appointment expires:
)55
COUNTY OF KING )
On [his day personally appeared before me LINDA A. MASTRO to me known to be [he individual
described m and who executed the within and foregoing instrument, and acknowledged drat she signed the same
as then free and voluntary act and deed, for the uses and purposes [herein mentioned.
GIVEN under my hand and official seal this day
Stamp
Type/Prin[ Name
Notary Public in and for the State of Washington
Residing at
My appointment expres:
11377222 v04 doc] 24
Exhibit List
Exhibit "A"
Legal Description for John's Meadow
Exhibit "B"
Development Plan for John's Meadow
Exhibit "C"
Legal Description of Common Areas
Exhibit "D"
Fence Design Guidelines
~isn2zz ~oa.eoc] 25
EXHIBIT "A--"
LEGAL DESCRIPITON FOR JOHN'S MEADOW
LOTS 1 THROUGH SO, INCLUSIVE; AND TRACT A, B, C, AND D OF THE PLAT OF 7OEIN'S MEADOW AS
RECORDED UNDER 1T-IURSTON COUNTY AUDITOR'S FILE NO.
SITGATE M THE COUNTY OF THURSTON, STATE OF WASHEJGTON.
037]222 v0a dock 26
EXHIBIT "B"
DEVELOPMENT PLAN FOR JOHN'S MEADOW
X13]]222 v04.tlot~ 2']
EXHIBIT "C"
LEGAL DESCRIPTION
FOR
COMMON AREA TRACTS TO BE OWNED AND MAINTAE9ED BY THE
JDHN's MEADOW HOMEOWNERS ASSOCIATION
TRACT A, TRACT B AND TRACT C OF THE PLAT OF JOHN'S MEADO W AS RECORDED UNDER THUASTON
COUNTY ADDITDR'S FILE NO.
X13]'222 v04.tloy 2g
EXHIBIT"D"
Frnce Design Guidelines
[73T222 v04.dod 29