Covenants, Conditions & Restrictions for Willapa Sands Estates:
WILLAPA SANDS ESTATES
COVENANTS, CONDITIONS AND RESTRICTIONS
Declaration of covenants, conditions and restrictions (hereinafter referred to as
“CC&R’s”), which the declarant has deemed beneficial for the preservation of value
and desirability of the property known as WILLAPA SANDS ESTATES.
Willapa Sands LLC, hereafter declarant, is owner in fee simple of certain real property situated in the city of South Bend, Pacific County, Washington, which comprises a planned residential development known as Willapa Sands Estates, according the duly recorded plat thereof recorded in Pacific County, Washington, described as Willapa Sands Estates.
Declarant, by executing and recording this document, declares that the property shall be held, transferred, sold, conveyed and occupied subject to the following easements, restrictions, covenants, conditions and provisions of this declaration with reference to the matters set fourth herein which are for the purpose of protecting the value and desirability of the property and the common plan or theme of development within the property, and shall run with the property and be binding on all parties, their heirs, successors or assign, having or acquiring any right, title or interest in the above described property, or any part thereof.
However, in the event it appears to the advantage of the property that these CC&R’s should be modified then and in the event any modifications desired may be made by an affirmative vote of 80% of the then owners of said property, and evidenced by suitable instrument filed for public record, EXCEPT, the architectural control committee cannot be changed without the consent of the declarant prior to the sale of the last lot by the declarant.
A. DEFINITIONS:___
For the purpose of this declaration, the following definitions shall apply.
1. “Owner” shall mean and refer to the recorded owner, whether one or more persons or entities, of fee simple title to any lot which is a part of the property, including purchasers under real estate contracts, but excluding those having an interest in a lot merely as security for the performance of an obligation.
2. “Association” means the organization provided for in this declaration, it’s successors and assigns.
3. “Declarant” means the party described in the preamble hereto, it successors and assigns who acquire declarants interest in Willapa Sands Estates.
4. “Property” shall mean and refer to the real property described above and such additions thereto expressly made subject to this declaration. The property may also be referred to collectively as the “Project”.
5. “Lot” shall mean and refer to any lot created by declarants lot subdivision filed with Pacific County and all other lots subsequently created by annexation or further subdivision by declarant.
6. “Homesite” shall mean and refer to one or a group of adjoining lots purchased from declarants. No homesite maybe further subdivided by the purchaser nor may it contain more than one single family dwelling.
7. “Declaration” means this declaration of covenants, conditions and restrictions for Willapa Sands Estates, as it may from time to time by amended.
8. “Designated Owner” means one person who is selected by all persons holding an owners interest in a lot for the purpose of representing all persons holding an interest in such a lot.
9. “Member” “means any person or entity holding membership in the homeowners association by means of an owners interest for Willapa Sands Estates as defined herein below.
B. HOMEOWNERS ASSOCIATION:
Each owner of a homesite within Willapa Sands Estates (from the time of purchase of said homesite) automatically will become a member of the Willapa Sands Estates Homeowners Association (hereinafter referred to as the “HOA”), with all of the rights and responsibilities incident thereto.
C. ARCHITECTURAL CONTROL COMMITTEE (ACC)
The declarant shall appoint an architectural control committee (hereinafter referred to as the “ACC”) Initially consisting of up to three members. The ACC shall have the authority and duty to regulate the external design, appearance, location and maintenance of any and all improvements on property in accordance with provisions of this declaration.
It is recognized that this document does not contain specific requirements for every situation that may require committee approval; therefore, the committee will necessarily exercise discretion in many instances in approving or disapproving of a specific proposal. It is further recognized that a proposal may not meet a specific standard set fourth in the manual; therefore, the committee is authorized, in it’s sole discretion to approve a proposal not withstanding that it may conflict with a standard set fourth in this manual Upon sale of the last homesite, or earlier if so desired by the declarant, the declarant shall turn control of the ACC to the HOA.
D. DESIGN GUIDELINES:
1. DWELLING: The main floor area of the dwelling structure, exclusive of basements, daylight basements, open or screened porches and garages, shall not be less than 1,800 sq.ft. for a one story dwelling, nor less than 1,400 sq.ft. for the first level and 1,000 sq.ft. for the second level of a two story dwelling.
2. BUILDING TYPE AND LOCATION: The following shall apply with regard to all single family residence dwellings and/or accessory buildings constructed up the lots.
3. CODES: All dwellings and/or accessory buildings shall meet Pacific County Building Codes and other Building Code requirements for setbacks relative to such dwelling or accessory building.
4. ROOFS: All roofs shall be tile, slate, concrete tile, architectural metal, architectural composition. All roofing materials and colors are subject ACC approval.
5. EXTERIOR MATERIALS: Any building or other structure erected or placed on a homesite shall be completed, as to external appearance, including finished painting, within 12 months from commencement of construction, except for reasons beyond the reasonable control of the owner, in which case a longer period may be permitted. For purposes of this declaration, construction of a building or structure shall be deemed to have commenced upon issuance of a building permit.
Exterior dwelling and/or accessory building exterior siding shall be constructed of wood, stone, stucco, brick, hardy plank lap siding, or similar lap siding, or other material approved declarant. Vinyl siding, T1-11 or similar plywood siding materials or metal siding shall not be used on exterior of any buildings or structures.
A minimum of 30% of the front elevation of each dwelling shall utilize brick, stone, or a combination thereof. The ACC, at it’s discretion, may wave this requirement if deemed incompatible with the dwelling design.
6. GARAGES: There shall be a minimum of 2 fully enclosed vehicle parking spaces, either in an attached garage or detached garage.
7. OUTBUILDINGS: All outbuildings (detached garages, etc.) must compliment the home style in finish material, color and design. The ACC, at it’s discretion, may wave these requirements if an acceptable plan is submitted that is compatible and will enhance the property. No old buildings or structures shall be moved or placed on any homesite. No accessory building shall be taller than 25 ft. from ground level to the top of the roof as measured from a point depicting the average grade of the building footprint. No accessory building shall be larger in that the floor area of the dwelling.
8. VEHICLE & EQUIPMENT STORAGE: No owner shall permit any vehicle which is in the state in disrepair to be abandoned or to remain parked on his or her homesite for a period in excess of ten days unless such vehicle is stored out of the public view in an approved manner. No mechanical work will be performed on any vehicle in or about an area of the homesite in public view or the view of any other owner.
All recreational vehicles, motor homes, boats, trailers, or other equipment, must be stored inside of an enclosed building.
9. EXTERIOR COLORS: Exterior colors of all buildings shall be of moderate hues or finished natural wood colors, approved by the ACC.
10. TEMPORARY STRUCTURES: No structure of a temporary character, basement only, tent, shack, garage, barn, or other outbuildings shall be used as a residence. No mobile homes are permitted on the property.
11. DRIVEWAYS: All driveways from the street to the residence and/or outbuildings must be paved with asphalt or concrete within six months of completion of the residence.
12. HEAVY EQUIPMENT: Each owner shall cause any heavy construction equipment which is necessary for the purposes of constructing improvements on a homesite to be moved on and off the property within 30 days. No heavy equipment, commercial vehicles, logging vehicles or equipment or recreational vehicles shall be stored on a homesite more than 30 days in any 12 month period unless such storage occurs within an approved structure or has otherwise approved screened from neighboring property owners by ACC.
E. LANDSCAPING/MAINTENANCE
1. LANDSCAPING: Front yard landscaping is required on all homesites and to be completed within 12 months of occupying the residence dwelling.
2. EXISTING TREES: Existing trees shall not be removed without approval of the ACC.
3. FENCING: Any fence constructed on a homesite shall be of quality construction. The size, material and color of all fences must be compatible with the natural surrounding. No fence on any homesite may be higher than 6 ft., and must comply with all other applicable codes and regulations. All fences must be maintained in good condition and in harmony with the type of construction used on the primary building or structure located on each homesite.
A site plan along with materials to be used for constructing of all fencing must be submitted and approved by ACC prior to beginning any fence construction.
4. DRAINAGE & EROSION CONTROL: Drainage should comply with those conditions of each homesite. Erosion control is responsibility of each lot owner.
5. GENERAL MAINTENANCE: Lot owners will be responsible for keeping roadways and adjoining lots clean and free of debris, including roadways free of mud araising from construction activities or maintenance of their lot. Damage caused during construction will be the responsibility of the lot owner/builder.
It is the responsibility of each lot owner to keep the front landscaping on each lot maintained including trimming, mowing, watering resulting in a general good appearance of each homesite.
To maintain the beauty of the community and prevent fire hazard, lots/homesites must be kept in a neat and orderly condition by each lot owner. The grass and weeds must be mowed a minimum of twice annually (once in June and once between August 15th & Sept. 15th).
F. GENERAL PROTECTIVE COVENANTS
1. RESIDENTIAL PURPOSES ONLY: No homesite shall be used except for single family residential purposes.
2. ADDITIONAL USE RESTRICTIONS: No noxious or offensive activity shall be permitted on any homesite or shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No owner shall conduct or permit to be conducted on any homesite, any trade or business of any description, either commercial or religious, which does not comply with the state, county and or local regulations regarding home occupancies.
3. SIGNS: No sign of any kind shall be displayed to the public view on any homesite other than:
A. One sign of not more than 5 sq. ft. used by the owner or declarant to advertise the homesite for sale.
B. Signs used by declarant to advertise the property during the initial sales period.
C. One sign on a homesite advertising the name of the builder during the period of construction of a single family dwelling on a homesite, not to exceed 15 sq. ft.
4. LIVESTOCK: No animals, livestock or poultry shall be allowed in Willapa Sands Estates. Household pets, not exceed a total of 4, shall be allowed, provided they are properly housed and cared for and not permitted to run at large about the neighborhood.
Nothing shall be permitted which shall be offensive or detrimental, to the health or enjoyment of reasonable privacy of any of the owners and/or residence of the neighboring lots. No pet or any animal shall be kept, bred or maintained for resale or any commercial purpose.
5. GARBAGE & REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers. All containers for the temporary storage of such materials shall be kept in a clean and satisfactory condition out of view from the right of ways and other lot owners.
6. LIGHTING: No owner shall install outdoor lighting of a size and of a location that excessive light is cast onto adjacent homesites or dwellings.
7. RENTAL: All homesites shall be limited to private, single family, owner occupied, residential use only. No homesite shall be used as a rental property on a regular basis without the written approval of the HOA.
8. ROAD USE: Only licensed drivers operating properly licensed motor vehicles are allowed on any street or road in the Willapa Sands Estates.
9. COMMON AREA USAGE: Within Willapa Sands Estates there is sensitive riparian vegetation. No owner or owner invitee shall remove, damage, or destroy vegetation within the common areas of Willapa Sands Estates. This includes vegetation in both pedestrian right of way walkways.
10. STREET PARKING: No vehicle parking shall be allowed on any road, shoulder, or within the private road right of ways. No parking shall be allowed in any cul-de-sac, turnaround or their respective right of ways. This is not applicable to short term guest parking.
11. VEHICLE NOISE: No motorcycles or vehicles with excessive loud exhaust systems will be allowed.
12. MAIL BOXES: Mailboxes shall be at specified group location adjacent to Hwy. 101 at the entrance to Willapa Sands Lane. All mail boxes will be the responsibility of each lot owner and must meet U.S. Post Office requirements, newspaper delivery shall be at the same group location.
13. ROAD RIGHTS & LIABILITIES: The declarant/developer shall have the initial duty and liability for the cost of constructing the roadway easement to minimum Pacific County specifications for residential purposes. Each lot owner in Willapa Sands Estates shall be responsible for the maintenance, repair or reconstruction of the access road to the development. The declarant shall have no liability to share in the road maintenance expenses. The road maintenance expenses will be shared by all members of the HOA. The roadway will be maintained in a reasonable condition for passenger car standards and in compliance with applicable governmental regulations unless such improvements have been approved by a majority of the property owners with road access rights.
Each owner of a lot within the project shall be responsible on a prorata basis for the cost of improving, maintaining or repairing the development road. This road maintenance liability does not include private driveways or any portion of a road that is located entirely on a owners lot.
The costs of repair and or maintenance of the road known as Willapa Sands
Lane, will be shared by all property owners in the development. The shared
costs will be prorata basis of the total costs to be shared on an equal basis
divided by the number of property owners within Willapa Sands Estates.
Any damage caused to the roadway by property development or other
activities, other than the ordinary use of the road will be billed at 100%
directly to the user causing the damage.
14. UTILITY EASEMENTS: Rights of ingress and egress over, under, across, for the purpose of locating, installing, constructing, maintaining, or using electric lines, telephone lines, and other utilities are retained by declarant and hereby specifically conveyed to each lot owner. All costs for extension of utilities from initial service boxes will be born by the lot owners and all utilities shall be underground unless otherwise approved by majority of owners.
15. ENTRY GATE: Entry Gate and/or fencing, entry structures will be erected by declarant. Costs and/or maintenance shall be shared by all members of HOA. Costs of electricity and/or lighting for operation of the entry gate will be paid for and shared by all members of the HOA.
16. PEDESTRIAN RIGHTOFWAYS: There are two pedestrian Rightofways, one located on the Northern property line of the development, the second located on the Southern property line of the development. Each pedestrian rightofway is for the exclusive use of Willapa Sands Estates Owners and their guests only. There will be no public use of these two rightofways. Each rightofway has access from Willapa Sands Lane to the bank of the Willapa Bay. The Maintenance of both pedestrians rightofways will be the responsibility of the HOA. Each member of the HOA will be responsible to share the expense of maintaining the pedestrian rightofway, including, but not limited to, tree removal, vegetation control and any other maintenance required to maintain easy access for pedestrian use only of the walk ways. Motorized vehicles will be prohibited from using these walk ways.
ESTABLISHMENT OF HOMEOWNERS ASSOCIATION
Upon the recording of this declaration, an association of owners shall be organized and established to serve as a means to which the owners may take action with regard to the administration, management and operation of the subdivision. The association shall be organized as a nonprofit corporation under the laws of the State of Washington.
Each owner, including declarant, shall be a member of the association and shall be entitled to one membership for each lot owned; provided that if the lot is sold on a contract, the contract purchaser shall exercise the rights of the owner for purposes of the association, and shall be the voting representative unless otherwise specified.
Membership in the association shall at all times consist exclusively of owners, including declarant and contract purchasers.
H. MORTGAGEE PROTECTION
A breach of any covenant, condition or restriction herein contained, or any enforcement thereof, shall not defeat or render invalid any mortgage or deed or trust now or hereafter executed upon a lot in the project, provided however, that if any portion of the secured lot is sold under a foreclosure of said mortgage or deed of trust, any purchaser at such sale and its successors and assigns shall hold title to said lot subject to the provision of this declaration.
I. MISCELLANEOUS PROVISIONS
1. CONSTRUCTIVE NOTICE & ACCEPTANCE: Upon recording of this declaration, every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the project has conclusively consented and agreed to every covenant condition and restriction of this declaration. This conclusive acceptance shall occur regardless of whether or not any reference to this declaration is contained in the instrument by which such person or entity acquired an interest in the project.
2. AGREEMENT OR CONVEYANCE IN VIOLATION OF DECLARATION:
Any deed, lease, conveyance, contract or other instrument or action in violation of
this declaration shall be void and maybe set aside by declarant.
3. EFFECT & INVALIDATION: If any provision of this declaration is held to
be invalid by any court, the invalidity of such provision shall not effect the
validity of the remaining provisions.
4. ENTIRE COVENANT: This declaration is the entirety of the covenants,
conditions and restrictions. There are no other verbal or other agreements
or matters which vary the terms of this declaration. This declaration shall
not be altered except as specified herein.
5. INTERPRETATION: This declaration shall be interpreted in accordance
with the laws of the state of Washington, and shall be strictly interpreted
to enforce the purpose of the declaration, but all ambiguities shall be interpreted
in favor of the declarant.
6. CONFLICT WITH DEVELOPMENT DOCUMENTS: If there is any
conflict among or between future development documents, the provisions
of this declaration shall prevail, thereafter, priority shall be given to any
recorded document.
J. DURATION:
These CC&R’s shall run with the land, shall be binding upon insure to the
benefit of all parties hereto, their successors and assigns and all conveyances
of the property or portions of the property as is set fourth in full in such transfers
and conveyances. Such CC&R’s shall be binding and effective for 20 years from
the date hereof, at the end of which time shall be automatically extended for successive
periods of ten years, unless a suitable instrument is signed by a majority of the then
owners, HOA Members of Willapa Sands Estates.
However, in the event it appears to the advantage to the property that these CC&R’s
should be modified then and in that event any modifications desired may be made
by an affirmative vote of 80% of the then owners of said property, and evidenced by
suitable instrument filed for public record.
This Declaration shall be effective immediately upon recordation:
DATED THIS_________DAY OF __________________2007
DEVELOPER/DECLARANT
WILLAPA SANDS LLC
BY: ____________________ PROPERTY OWNERS:
TITLE:__________________ ________________________________
OWNER
________________________________
CO-OWNER
STATE OF WASHINGTON )
) SS.
COUNTY OF PACIFIC )
I certify that I know or have satisfactory evidence that _________________________
signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the developer of Willapa Sands Estates LLC, to be the free and
voluntary act of such party for the uses and purposes mentioned in this instrument.
DATED:_________________2007
Notary Republic for the State of Washington,
Residing in the County of Pacific
REVISED: 9/19/07