AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
CHELAN HILLS ACREAGE TRACTS
Grantor/Grantee: Chelan Hills Acreage Tracts Association, a Washington nonprofit corporation.
Legal Description (abbreviated): Ptn. of Sec. 1, T. 26 N., R. 22, E.W.M., and ptns. Sec. 4, 5, 6, 8, 9, 28, 32, 33, and 34, T. 26 N., R. 22, E.W.M., Douglas County, Washington.
Recording Number of Documents Amended: 3171741, 3106938, 3089690, 220695 and 220227
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AMENDED AND RESTATED
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF CHELAN HILLS ACREAGE TRACTS
CHELAN HILLS ACREAGE TRACTS ASSOCIATION, a Washington nonprofit corporation (the “Association”), does hereby amend and restate the Declaration of Covenants and Restrictions of Chelan Hills Acreage Tracts dated June 10, 1983 and recorded under Auditor’s Nos. 220659 and 220227, and amendments thereto recorded under Auditor’s Nos. 3089690, 3106938 and 3171741 (the “Prior Declaration”) which Declaration runs with the land described on Exhibit “A.”
RECITALS
A. The Developer, Chelan Hills Acreage Tracts, a joint venture, has finished the development of the Properties and has transitioned governance to the Association. The Developer’s annexation rights have expired under the Prior Declaration.
B. Under the Prior Declaration, the Association was delegated and assigned the powers of protecting the values and amenities of the Properties and of maintaining and improving the private roads, and common properties, collecting and distributing monies payable to Douglas County or other governmental agencies or other associations or person, for administering and enforcing these Covenants and for collecting and disbursing the assessments and charges created by the Covenants.
C. Article VIII of the Prior Declaration provides that the Declaration may be amended if “an instrument signed by the then owners of two-thirds of the tracts has been recorded, agreeing to change said covenants and restrictions in whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded one (1) year in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken.”
D. The Members of the Association wish to amend the Prior Declaration in whole.
NOW THEREFORE, the Association and at least two-thirds of the Owners amend and restate the Declaration as follows.
1. DEFINITIONS
Defined terms will appear throughout this Declaration with the initial letter of such term capitalized. Unless the context clearly states otherwise, the following terms used in this Declaration are defined as follows:
1.1 "Association" shall mean and refer to the Chelan Hills Acreage Tracts Association, its successors and assigns.
1.2 "Board" shall mean the Board of Directors of Chelan Hills Acreage Tracts Association.
1.3 "Common Areas" shall mean all real property owned or to be maintained by the Association for the common use and enjoyment of the Owners. The Common Areas include, but are not limited to the roads, entries, drainage holding areas and landscaped areas for common enjoyment.
1.4 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the Douglas County Auditor.
1.5 "Lot" shall mean and refer to any plot of land shown upon the recorded survey map of the Properties recorded with the Douglas County Auditor under Auditor’s Fee No. 2220224 dated June 29, 1983, with the exception of the Common Areas.
1.6 “Developer” shall mean Chelan Hills Acreage Tracts, a Washington Joint Venture.
1.7 "Majority of Members" shall mean and refer to the Members holding more than 50% of the total votes entitled to be cast with respect to a given matter (not just those represented at a meeting); and any specified fraction or percentage of the Members means the Members holding that fraction or percentage of the total votes entitled to be cast with respect to a given matter. Unless otherwise specified, any provision herein requiring the approval of the Members means the approval of a Majority of Members. Votes may be counted by mail, signature, proxy, vote during a meeting of the Members, or a combination of all these methods. There is no quorum requirement at a meeting for Member voting.
1.8 "Member" shall mean and refer to those persons entitled to membership as provided in Section 2.2 of this Declaration.
1.9 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation.
1.10 "Properties" shall mean and refer to that certain real property subject to the Declaration of Covenants, Conditions and Restrictions of Chelan Hills Acreage Tracts, and such additions as may be brought within the jurisdiction of the Association, as described on Exhibit “A.”
2. HOMEOWNERS ASSOCIATION
2.1 Purpose. The Association exists for the purpose of managing the Common Areas and enforcing the Declaration.
2.2 Membership. Every person or entity who is an Owner shall become a Member of the Association. Membership shall be appurtenant to and may not be separated from the Owner's interest in Chelan Hills Acreage Tracts. All Members shall have rights and duties as specified in this Declaration, and in the Articles, Bylaws, rules and regulations of the Association. The Association shall be governed by a Board of Directors as set out in the Bylaws.
2.3 Voting Rights. There shall be one vote for each membership in the Association. An Owner shall be entitled to one membership in the Association for each Lot, or subdivision thereof, s/he owns, so long as s/he is the Owner of the Lot. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
If the Owner of a Lot is other than one individual, the Owner shall specify, in writing to the Association, the individual who is the Member of the Association for the Lot. In the absence such written specification, Assessments shall nevertheless be charged against the Lot and Owner thereof, but there shall be no right to vote the membership. The Member must be an individual who is either an Owner or, if the Owner is or includes a Person other than an individual; an individual who is a partner, if the Owner is or includes a partnership; or an officer of the corporation, if the Owner is or includes a corporation; or a beneficiary of the trust, if the Owner is or includes a trust; or an owner of the entity, if the Owner is or includes a Person other than an individual, a partnership, a corporation or a trust. The Member, as so specified, shall be the only person entitled to vote for the Owner of the Lot at Association meetings and elections. An Owner may change the individual who is the Member for his Lot, provided each such individual is eligible to be a Member hereunder, in such manner and with such frequency, and subject to such reasonable processing fees, as the Board from time to time may permit.
2.4 Property Rights in Common Areas. Every Member, and his guests or tenants, shall have a right and easement of enjoyment in the Common Areas, which rights and easements shall be appurtenant to and shall pass with the transfer of every Lot, subject to the following restrictions.
2.4.1 The right of the Association to limit the number of guests of Members, and to adopt rules and regulations;
2.4.2 The right of the Association to exclusive use and management of said Common Areas for utilities such as pumps, pipes, wires, conduits and other utility equipment, supplies and materials; and
2.4.3 The other restrictions, limitations and reservations contained or provided for in this Declaration, the Articles and Bylaws of the Association, and rules or regulations adopted by the Association.
2.5 Maintenance.
2.5.1 The Association shall maintain the Common Areas and improvements located thereon in the same condition as a reasonable prudent Owner would maintain his own home so that Chelan Hills Acreage Tracts will reflect a high pride of ownership.
2.5.2 Each Owner hereby covenants and agrees to maintain his respective property in the same condition as a reasonable prudent Owner would maintain his own home so that Chelan Hills Acreage Tracts will reflect a high pride of Ownership. If any Owner shall fail to so maintain his property, the Association shall have the right to notify said Owner in writing of the maintenance required. If said maintenance shall not be performed within thirty (30) days from the date said notice is delivered to the non-performing Owner, the Association shall have all remedies as provided in Section 2.8 of this Declaration.
2.6 Common Expense.
2.6.1 Certain expenses shall be paid by the Association for the benefit of all Owners and shall be referred to as common expenses. The common expenses shall be paid by the Association from funds collected monthly, quarterly, semi-annually, or annually and special assessments to be paid by Owners.
All expenses of maintaining and operating the Common Areas shall be common expenses. The common expenses shall include, but not be limited to, the following:
a) The expenses of maintaining the Common Areas held by either the Association or the Developer;
b) The cost of maintaining insurance coverage on Common Areas held by the Association or the Developer;
c) The cost of any repairs or replacement of the Common Areas held either by the Association or the Developer;
d) Costs of operating the Association; and
e) Any other expense which shall be designated as a common expense in the Declaration or, from time to time, by the Association.
2.6.2 An adequate reserve fund for the replacement of Common Area improvements shall be established and shall be funded by depositing into said fund a portion of the assessments collected from the Owners. The portion of the assessments deposited into said reserve fund shall be determined by the Association.
2.7 Assessments.
2.7.1 Each Lot shall be subject to monthly, quarterly, semi-annual or annual assessments or charges in an amount to be determined by the Association. The amount of assessments shall be that necessary to pay common expenses and to establish a reserve fund. The amount of the assessments may be increased or decreased periodically as may be necessary from time to time to properly provide for payment of said common expenses.
2.7.2 The amount of the assessments shall be equal for all Lots.
2.7.3 The Association shall, upon written demand, furnish a certificate in writing, setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made for the issuance of these certificates.
2.7.4 Change in Basis and Maximum of Annual Dues. The Association may change the annual dues prospectively for any such period, provided that any such change shall have the assent of thirty percent (30%) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
2.7.5 In addition to the assessments authorized above, the Association, by and through its Board of Directors, may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas, including the necessary fixtures and personal property related thereto, or for any other purpose determined necessary by the Board of Directors of the Association. The special assessment shall be equal for all Lots. Special assessment may be payable in monthly installments, quarterly installments, or such other periodic installments as shall be determined by the Association. Any such special assessment shall require the consent of thirty (30%) percent of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.
2.7.6 Initiation Fee. All new Lot Owners purchasing a Lot shall pay all known assessments already due during the year in which the Lot is purchased at closing. Any Owner selling their Lot must include this requirement in the closing documents. New Lot Owners shall pay any assessments due after closing in accordance with this Declaration.
2.8 Collection of Assessments, Enforcement of Declaration, Attorneys' Fees and Costs.
2.8.1 All assessments, together with interest, costs of collection and reasonable attorneys' fees, shall be charged against and shall be a continuing lien upon said Lot against which each assessment is made and shall also be the personal obligation of the Owner. Said lien shall have all the incidents of a mortgage on real property.
2.8.2 If any assessment is not paid or within thirty (30) days after its due date, the assessment shall bear interest from the due date at the lesser of 12 percent or the maximum rate allowed by law. Each Owner hereby expressly vests in the Association or its agents the right and power to bring all actions against such non-paying Owner personally for the collection of delinquent assessments as a debt or to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in like manner as a Washington mortgage on real property, and each Owner hereby expressly grants to the Association the power of sale in connection with such liens. The liens shall be in favor of the Association, shall be for the benefit of the Association, and the amount of said liens shall include interest, costs of collection and reasonable attorneys' fees. The Association shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. In the event the Association employs an attorney to enforce said liens, or the collection of any amounts due, or to enforce compliance with or specific performance of this Declaration, Articles, Bylaws, rules and regulations of the Association or provisions of this Declaration, the Association shall be entitled to the award of reasonable attorneys' fees and costs incurred.
2.8.3 In the event any Owner 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, Bylaws, or rules and regulations of the Association or this Declaration for a period of thirty (30) days, said Owner's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have other remedies against such delinquent Owners as may be provided in the Articles, Bylaws, rules and regulations of the Association.
2.8.4 Subordination of the Lien to Mortgages: The lien for dues and assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that any lien for past due assessment or dues recorded with the Douglas County Auditor as set forth herein shall have priority over and not be subordinated to mortgages, contracts of liens thereafter placed on the property from and after the time of such recordation. Sale, transfer, foreclosure, or any other proceeding in lieu of foreclosure shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
2.8.5 Violation of Declaration: Noncompliance by any Member of the terms and conditions set forth in in this Declaration shall prompt the Association to take action against the noncompliant Member. The Association shall send written notice to the non-complying Member demanding correction of the violation/s within thirty (30) days of receipt of actual notice of the noncompliance. The written notice shall detail each and every violation to be corrected. Written notice is deemed delivered the day it is sent to the address on file with the Association. It is the Owner’s duty to provide an accurate delivery address to the Association. Alternatively, the Association may post such written notice on the door of an Owner’s home.
Failure to correct the violation shall subject the non-complying Member to monetary sanctions. The Association shall assess a pecuniary penalty of $150.00 for non-compliance if the violation is not corrected within thirty (30) days of written notice and, thereafter, $10.00 each day the violation is not corrected. Said penalties are due and owing in full to the Association upon incurring the penalty, but in no event shall time for payment of pecuniary penalties exceed ten (10) days after correction of the violation. If a Member corrects the violation, but subsequently commits the same violation, the pecuniary penalty of $150.00 will be immediately assessed without notice and subsequent $10.00 penalties shall accrue until the violation is corrected.
In the event the Member fails to comply or correct any violation within sixty (60) days, the Association reserves the right to correct the violation in any reasonable manner (including without limitation, the filing of a lien and foreclosure thereon). Pecuniary penalties of $10.00 per day shall continue to accrue during the Association's correction process. In addition to pecuniary penalties herein, the Member shall also be responsible for all financial costs incurred for the Association's correction of the violation, including reasonable attorney’s fees. The Association shall send a written bill itemizing steps taken and costs incurred within ten (10) days of correction. The Member shall pay the bill in full to the Association within thirty (30) days of receipt of the bill.
Failure of the Member to pay pecuniary penalties or bills or reimbursement for the Association's correction of violations within the thirty (30) day period stated above shall render the amount/s due delinquent. If the monetary penalties or reimbursement/s owed are not paid within thirty (30) days after the delinquency date, all amounts owing shall bear interest from the date of delinquency at the rate of 12 percent annum, and the Association may bring an action of law against the member or tract owner personally obligated to pay the same and to foreclose the lien against the property, and there shall be added to the amount of such amounts owing the costs of all legal or administrative action in collections, lien filing, preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the amounts owing as above provided and reasonable attorney's fees, together with the costs of the action.
2.9 Indemnification. To the fullest extent permitted by law, every director and officer of the Association shall be indemnified by the Association, and every other person servicing as an employee or direct agent of the Association, against all expenses and liabilities, including without limitation attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having served in such capacity on behalf of the Association, or any settlement thereof, whether or not he is a director or officer or serving in such other specified capacity at the time such expenses are incurred, provided that the Board shall determine, in good faith, that such officer, director, other person, did not act, fail to act, or refused to act with gross negligence or fraudulent or criminal intent in the performance of their duties. The foregoing rights of indemnification shall be in addition to and not exclusive of all other rights to which such persons may be entitled at law or otherwise.
2.10 Non-Liability of Officers. To the fullest extent permitted by law, neither Developer, the president, the Board, any committees of the Association or any member thereof, nor any directors or officers of the Association, shall be liable to any Member, Owner, occupant, the Association or any other person for any decision, approval or disapproval of drawings or specifications (whether or not defective), course of action, act, inaction, omission, error, negligence or the like made in good faith and which Developer, the president, the Board, or such committees or person reasonably believed to be within the scope of their respective duties.
3. GENERAL COVENANTS
3.1 Aesthetic Control. No grading, building (including outbuildings), fences, walls, landscape, hardscape or artwork or painting or change in color or materials of any building (including roofs and fencing) shall be erected, placed, made or altered on any Lot at any time until construction plans and specifications, a plan showing the location of any structure, the location and the surfacing of the driveway and the landscaping plans showing design, materials and color schemes, as the case may be, have been approved in writing by the Board of Directors of the Association as to quality of workmanship and materials, harmony of external design with existing structures and the intended nature of the plat as a high quality single family residential community, and as to conformity with these covenants and as to location with respect to topography and finished grade elevations. Harmony is to be maintained through use of complimentary colors and building materials where possible. The Board may delegate this function to an Aesthetic Control Committee appointed by the Board. Either the Board or the Aesthetic Control Committee may employ an architect or designer to review the plans.
3.2 Architectural or Aesthetic Review.
Applications for aesthetic or architectural review by the Board or Aesthetic Control Committee will be reviewed and recommendations made within thirty (30) days from date of receipt of such plans, submittals or resubmittals.
The following drawings must be included when applicable with each application.
Other drawings or exhibits may be included if the Owner feels that they might be of help to the Board in reviewing the project. The Board will not review incomplete applications.
1. Site Plan
2. Floor Plans
3. Elevations
4. Building and/or improvement Specifications:
Building and/or improvement specifications should fully describe all materials, colors, and finishes to be visible.
Materials and designs shall be of high quality to preserve the value of all dwellings in the Project.
3.3 Maintenance of Vacant Lots. It is the intent of these restrictions that vacant lots be maintained in a manner which enhances rather than detracts from the overall appearance of the subdivision. Upon thirty (30) days’ notice to the owner, the Association shall have the right at all times to enter upon any Lot to remove, or have removed, debris or other waste material and to charge the expense thereof to the Owner as an assessment. The Association shall have all rights and remedies for the collection of said assessment as provided in Section 2.8.
3.4 Nuisances. No noxious or undesirable use or offensive activities shall be carried on upon any tract nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood, or the adjacent neighbors as determined by the Board of Directors of the Association and any person violating this Section shall be subject to civil suit at the expense of the tract owner if the nuisance is not abated within thirty (30) days of receipt of written notice form the Board of Directors. Using any Lot for any purpose other than for a single family residence (i.e. for commercial purposes) shall be considered a nuisance. Any Member which commits a nuisance is a non-complying Member under Section 2.8.5, and is subject to all the fees and penalties allowed in Section 2.85 “Violation of Declaration.”
3.5 Hunting on the Tracts. Hunting is at the purchaser's discretion. If hunting is to be prohibited, it is recommended that the purchaser legally post his property. Violation thereof shall be remedied by public prosecution and not by the Association.
3.6 Refuse. No trash, garbage, rubbish, refuse or other solid waste of any kind, including particularly, inoperable automobiles, appliances and furniture, shall be thrown, dumped, stored, disposed of, or otherwise placed on any part of the subdivision. Garbage and similar solid waste shall be kept in sanitary containers well suited for that purpose. Garbage cans and sanitary containers shall be screened, enclosed or otherwise out of view as discussed in Section 3.18 Sightliness of these Covenants.
3.7 Access Roads. "Class A Roads" are herein defined as roadways accepted by Douglas County. The roads, except Class A, are not public and will not be maintained by Douglas County unless they are brought up to Douglas County standards and are accepted by the County. All private roads will be at least 14 feet wide where possible and of gravel surface where necessary. The approximate location of the roads will be within the easement area defined in the survey map recorded with the Douglas County Auditor under Auditor's No. 220204, as modified by the Easement Grant recorded with the Douglas County Auditor under Auditor's Fee No. 220226. The roads, with the exception of Class A roads, are private and shall be maintained by the Association and its Members and the Association shall have an easement over such roadways for the purpose of providing such maintenance. Lot owners shall have an easement over, under and across those portions of the private road easement which are immediately adjacent to their respective tracts for the purpose of installing utilities and installing and constructing culverts and driveways to service their respective Lots.
Owners of Lots are responsible for repair and maintenance of roads at driveway and utility crossings authorized by the Association and constructed by owners. All roads or driveways connecting with roads of Developer or the Association shall require a culvert not less then 12 inches in diameter. Lot owners shall, at their expense, furnish and install such culvert as required in connection with construction of driveways and utility crossings and shall maintain and keep said culverts clean and in good repair. Construction of all driveways and roads by Lot owners and installation of utilities shall not interfere with drainage or adversely affect the existing roads. Lot owners are responsible, at their expense, for repairing any damage caused by then to existing roads by reason of driveway or utility crossings on to their property or otherwise. Roads are to be used for access to residences by Owners and their guests. Use of roads for commercial purposes shall be considered a nuisance.
3.8 Developer’s Rights. The seller reserves for itself, its successor and assigns, a non-exclusive easement for the right of ingress and egress and utilities over, under and across the easements set forth on the Easement Grant recorded with the Douglas County Auditor under Auditor's No. 220226 (the private road easements) and specifically reserves the right to grant the right of ingress and egress over and across such roads to purchasers of property within tracts adjacent to Chelan Hills Acreage Tracts as part of the purchase of and as appurtenant to the property such purchasers may purchase from seller. Owners and purchasers of tracts within any additional properties included by seller using said roads shall join the Association and be subject to the rules, regulations and dues of the Association.
3.9 Temporary Dwellings and Buildings. During construction of a permanent residence a temporary construction office may be permitted, but such use shall be limited to six (6) months. Such construction office must be located on-site or immediately adjacent to the lot under construction. Under no circumstances may the construction office or other vehicle or boat be used as a living facility for owner(s) or construction worker(s).
No outhouse or lavatory for privy purposes shall be erected or maintained or placed on any Lot or Lots; such convenience must be incorporated within or be a part of the building to which they appertain. However, during the construction of a residence, Owners and their contractors are encouraged to use portable sanitary facilities for privy purposes to provide workers with on-site bathroom facilities. These units should be placed to minimize their visibility from the roadway and other residences.
3.10 Landscaping. The landscaping approved by the Board must be completed on each Lot, as soon as practical after completion of construction, but no later than one year from the date the dwelling is completed. No trees, hedges or shrubs shall be grown or maintained in a fashion which unreasonably interferes with the other Lot Owners' use and enjoyment of their respective properties, this provision applies to, but is not limited to: tree or plant heights, fullness and color. The Board shall determine whether any given trees, hedges or shrubs unreasonably interfere with those rights and such determination shall be conclusive. All fruit trees shall be kept insect and disease free.
3.11 Easements. Easements for utilities and drainage are reserved as delineated on the plat. Within these easements no structure, signs, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction or flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements in it for which a public authority, utility company or the Association is responsible.
3.12 Natural Drainage. No Owner shall change or interfere with the natural drainage of any part of the Properties without the prior written approval of the Board.
3.13 Excavations/Drilling. No excavation for minerals, stone, gravel or earth shall be made upon any Lot other than excavation for necessary construction purposes relating to main dwelling units, retaining and court walls, outbuildings and pools, and for the purpose of contouring, shaping, fencing and generally improving any Lot.
EXCEPT THAT, the gravel from the Association-owned gravel pit is to be used only for the maintenance of Association roadways delineated in the survey map recorded with the Douglas County Auditor under Auditor’s No. 220204, as modified by the Easements Grant recorded with the Douglas County Auditor under Auditor’s Fee No. 220226. Special permission can be given by the board of directors in writing to Owners for repairs to their private driveway and will be attained at the member’s personal expense.
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
3.14 Mineral Rights. Developer's predecessor in interest, Howard H. Asmussen and Marilyn Lee Asmussen, husband and wife, under contract recorded with the Chelan County Auditor under Fee No. 215577 have reserved right to one-half of all ore, minerals, oil, gas and other hydrocarbon rights in or upon the land.
3.15 Signs. No billboard or advertising sign of any kind may be erected, placed or maintained in easement or on any Lot or Lots or on any building or structure thereon, except one "For Sale" sign used by a builder or Lot Owner to advertise a Lot. No sign may be more than six square feet, except with the proper written permission of the Board.
3.16 Sightliness. No resident's vehicles shall be parked on the streets.
3.17 Businesses. No store or business shall be carried on upon said premises or permitted thereon which involves on premise sales or on premise customers, of which constitutes a nuisance.
3.18 Fire Safety. There shall be no exterior fires, except for barbecues or propane fire pits or county-approved fire rings or pits. Owners must follow the county’s fire bans and warnings at all times.
3.19 Firearms. Firearms may be used on an Owner’s property in a safe manner. No use of firearms on the Association’s roadways is permitted. Explosives are prohibited, except the use of explosives as is required for construction. Fireworks are prohibited, except during winter months.
3.20 Driveways. Driveways are the responsibility of the Owner to install and maintain. Driveways must have a minimum of a twelve inch (12”) culvert and not interfere with the natural drainage or the Association’s roadways.
3.21 Repair. All buildings located on any Lot shall be kept in good repair and in generally attractive condition.
3.22 Vehicle Parking. No trucks or vehicular equipment shall be kept on any roads within the private road easement.
3.23 No Contest. Lot Owners may not object to or contest the activities of other Lot Owners or their builders as may be reasonably necessary to complete construction of residences and improvements on any lot provided such activity is in compliance with these covenants.
3.24 Leasing. Lot Owners may not lease or sublet their property for any term less than one-year. It is the intent of the Members that Owners may not host paying guests, unless such person is leasing the property for a term longer than one-year. Leases may only be residential in nature.
4. BUILDING COVENANTS
4.1 Single Family Dwellings. No structure shall be erected on any Lot except one single-family dwelling and associated accessory building. Such accessory buildings shall also be submitted to the Association for approval and shall be of the same exterior building materials and colors as the primary structure.
4.2 Setbacks. All structures shall conform with the setback requirement required by the Douglas County Building Code and building inspectors.
4.3 Code. All buildings shall conform to the Uniform Building Code and any code adopted by Douglas County. Each home or mobile home must be on sewers or have an individual sewage disposal system. Such system must be designed, located and constructed in accordance with the requirements, standards and recommendations and approval of Douglas County.
4.4 Material. The use of new high quality materials is required on all construction within the Properties. All materials must combine to display a high quality, design consistent, professionally finished appearance. Designs and materials that appear significantly out of place when compared to the overall neighborhood will not be allowed.
4.5 Height Limit. The maximum height of any structure placed on the Lot shall be that as allowed by Douglas County at the time of building permit application.
4.6 Garage Doors. All garages must be equipped with garage doors.
4.7 Fences, Walls, and Retaining Devices. No fences or walls may be constructed or modified without the prior written approval by the Board. Any fence which is built must be maintained in a desirable manner, so that the fence is not broken, leaning, or otherwise having an unsightly appearance. Maximum fence height is to be six (6) feet or such lower height as may be required by Douglas County. Walls and fences must be finished and maintained so as to present an attractive appearance on both sides. No chain link fencing will be allowed.
4.8 Time of Completion. Any dwellings or structures erected on said subdivision shall be completed within twelve (12) months of commencement of construction.
5. ADMINISTRATIVE COVENANTS
5.1 Duration. This plat and dedication are made subject to the above restrictions and covenants which shall run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by the then Owners of a majority of the Lots has been recorded, agreeing to change said covenants in whole or in part.
5.2 Amendment. Amendment of these Covenants shall be by two-thirds (2/3) vote, with one vote per Lot; provided, however, that no such amendment shall be effective unless made one (1) year in advance of the effective date of such amendment, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken.
5.3 Notices. Any notice requested to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of the person who appears as a member or owner on the records of the Association at the time of each mailing.
5.4 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision shall not affect any other provision hereof.
5.5 Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
The prevailing party in any dispute of the enforcement of these covenants shall be entitled to recover reasonable attorneys' fees.
DATED this ________ day of _________________, 2017.
CHELAN HILLS ACREAGE TRACTS ASSOCIATION
A Washington Nonprofit Corporation
By ______________________________________
Larry Majchrzak, President
STATE OF WASHINGTON )
) ss.
COUNTY OF _____________ )
I certify that I know or have satisfactory evidence that LARRY MAJCHRZAK is the person who appeared before me and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as President of CHELAN HILLS ACREAGE TRACTS ASSOCIATION, a Washington nonprofit corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated this _____ day of ___________________, 2017.
Typed/Printed Name____________________________
NOTARY PUBLIC
in and for the State of Washington
My appointment expires_________________________
EXHIBIT “A”
Legal Description
PARCEL "A":
That portion of Government Lot 9 and of the Southwest quarter of the Southeast quarter of Section 1, Township 26 North, Range 22, East of the Willamette Meridian, Douglas County, Washington, lying southerly of the Old County Road.
PARCEL "B":
Government Lot 4 and the Southwest quarter of the Northwest quarter of Section 3; Government Lots 1, 2; 3 and 4, the South half of the North half and the North half of the South half of Section 4; Government Lots 1, 2 and 3; the Southeast quarter of the Northeast quarter; the Southwest quarter of the Southwest quarter; the East half of the Southwest quarter; and the Southeast quarter of Section 5;
That portion of Section 6, lying easterly, southeasterly and southerly of former State Highway 10-D,
EXCEPT that portion lying within Government Lots 1, 6 and 7; and the Northeast quarter of the Southeast quarter,
AND EXCEPT that portion of the Southwest quarter of said Section 6, described as follows: Beginning at the Southwest corner of said Section 6; thence North along West line of said Section 6, 1050.8 feet to South right of way line of State Highway 151; thence easterly 891.3 feet along said South right of way line to True Point of Beginning; thence South 17°30' East 90.0 feet; thence South 82°30' East 199.1 feet; thence North 78°00' East 504.6 feet; thence North 13°00' West 294.7 feet to point on said South right of way line of State Highway 151; thence westerly along right of way line to True Point of Beginning;
The North half of Section 8,
EXCEPT the following described parcel of land; Beginning at the Southeast corner of the Northeast quarter of said Section 8, and thence running West, along the South line of said Northwest quarter, 715.00 feet, more or less, to the West line of the County Road, and the True Point of Beginning of said exception; thence continue West along said South line, for 2600.00 feet; thence North 40°00" West for 700.00 feet; thence North 02°00' West for 400.00 feet; thence North 53'00' East for 2750.00 feet, more or less to the North boundary of said Section 8; thence South 15°00' East for 825.00 feet; thence South 8'00' West for 1200.00 feet, more or less, to a point 650.00 feet North of the South line of said Northeast quarter; thence East 930.00 feet, more or less, to the West line of the County Road; thence South, along said road line, to the South line of Northeast quarter of Section 8 and the Point of Beginning.
All in Township 26 North, Range 23, East of the Willamette Meridian, Douglas County, Washington.
Parcel "C":
The Southwest quarter of the Southwest quarter of Section 27; the Southeast quarter of the Southwest quarter and the South half of the Southeast quarter of Section 28; the South half of the Southeast quarter and that portion of the Southwest quarter of Section 32, lying easterly of former State Highway l0-D; the Northeast quarter of the Northeast quarter; the South half of the Northeast quarter; the East half of the Northwest quarter, the Southwest quarter; the West half of the Southeast quarter; and the Northeast quarter of the Southeast quarter of Section 33; the West half of the West half; the Southeast quarter of the Northwest quarter and the North 25 acres of the Northeast quarter of the Southwest quarter of Section 34; All in Township 27 North, Range 23, East of the Willamette Meridian, Douglas County, Washington.
EXCEPT from the above Parcels the right of ways for State Highways and County roads.
Legal access to the “Properties” is provided under and by virtue of that certain Declaration and Reservation of Non-exclusive easements for ingress, egress and utilities recorded with the Douglas County Auditor under Auditor’s File No. 220226 on June 30, 1983. AMENDED