Article I DEFINITIONS
Article II PRE-EXISTING RESTRICTIONS
Article III DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT
Article IV DEED AND DEDICATION OF COMMON AREAS
Article V DEED AND DEDICATION OF
EASEMENTS
Article VI ADMINISTRATION
AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
Article VII MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS
- DELEGATION OF MANAGEMENT
Article VIII ASSESSMENTS
Article IX MAINTENANCE
OF LOTS
Article X HOMEOWNERS
ASSOCIATION
Article XI MANAGEMENT
BY BOARD
Article XII LAND USE
RESTRICTIONS
Article XIII BUILDING
RESTRICTIONS
Article XIV UTILITIES
Article XV ARCHITECTURAL
CONTROL
Article XVI GENERAL
PROVISIONS
Exhibit A LEGAL DESCRIPTION
FOR CRYSTAL RIDGE
Exhibit B LEGAL DESCRIPTION
FOR THE ESTATES AT CRYSTAL RIDGE
Exhibit C ARCHITECTURAL
CONTROL COMMITTEE - Preliminary information worksheet
First Amendment FIRST
AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
S
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Last revised:
8/26/12
Dates below are when item were
published in the HOA newsletter and / or on this
web
site
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LOCKING
MAILBOXES
MAIL
& IDENTITY THEFT
-
Mail and identity
theft is a frequent item in the news these days. Some
Crystal
Ridge
residents have been victimized. Mail left in unsecured mail boxes
potentially allows thieves to steal your credit cards, pin numbers,
ID cards, checks, and cash. It is a crime, intrusive on your
personal lives, and can be a major headache to clear up. There are
some steps you can do to help protect yourself:
�
Install
locking mailboxes (procedures below)
�
Never
leave mail in your mailbox overnight
�
Remove
mail as soon as it is delivered
�
Drop
outgoing mail off at the post office
�
Notify the
post office to hold your mail when absent
�
Stay alert
�
Report
suspicious activity to the police
If
you and your neighbors decide to convert to secure mailboxes, as
others have done already, the procedures for approval are shown
below. If you have any questions, send us an email
or write us a letter
-
Secure
Mailboxes - Special Update
Review of Procedures
The
Board is prepared to act quickly to review requests per the
following steps if they are identical to this first setup. If you
propose to do something different, then the Board will have to
review the proposal accordingly. Detailed steps are include in the
website and were updated in August 2008.
Postal
Service
1.
To convert, there must be 100% participation by each
homeowner (not rental tenant) at that particular mailbox standard.
Contact the tenants or the Board for the address of the absentee
homeowner. You must have approval from the post office
before you convert.
Crystal
Ridge
HOA procedures for
installing secure mailboxes
1.
If you have 100% participation, contact the post office to obtain a
package of information on the procedures to follow for the
conversion. In the package, you will need to read and complete the
petition and forms enclosed in the package.
2.
Before you commit to an installation or expend any funds,
check with the Post Office for approved models. Be sure the
model is approved by the Puyallup Post Office for installation in
our neighborhood and that the residents involved can cover the cost
of the new models.
After you have approval from the Post Office, then submit an application form or letter to the Board requesting the
conversion and provide all information available such as 100%
agreement, location, style of boxes, quantity, necessary
modifications to a standard, etc. Please include model
numbers, color, size, and a picture of the new boxes.
You
can obtain a modification application online,
modification application form.
Each application should designate a person(s) who will be the
coordinator for each mailbox standard. Please include the name,
address, and phone number of the designated person(s). The Board
would like to use the existing standards as much as possible and
would like to avoid secure mailboxes on pedestals.
3.
The Board will review each application to ensure that the covenants
are being followed, that unauthorized modifications to the mailbox
standards will not occur, and to maintain the decorum of the
neighborhood.
4.
If the Board approves your application, then the designated person(s)
can follow through to set up the installation with the post office
and the installer.
5.
The designated person(s) for each standard will be responsible to
ensure that the conversion is accomplished per approved plans and to
coordinate with the post office and the installer.
6.
The post office and the installer will probably require all payments
up front before the secure mailboxes are installed.
7.
Each homeowner is responsible for their own expenses for the
installation. The Crystal Ridge HOA will not pay for any
installations. The designated person(s) in charge at each standard
is responsible for collecting funds and making applicable payments
to the installer and/or post office, as necessary.
8.
Each homeowner must accept the disruption in service, if any, and
alternate mail deliveries, if any, as negotiated with the post
office and the installer.
Final
Comments
1.
These secure mailboxes will help deter mail theft but are not an
absolute guarantee against any mail theft. They act as a
deterrent only by making it "harder" for thieves to access
your mailbox. All residents converting to secure mailboxes should
remember this and continue to use prudent measures to help avoid
theft of your personal and business mail.
2.
Good luck! If you have any questions, please contact the Board.
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Encroachment Concerns
(7/15/02) - The City of
Puyallup has contacted the HOA Board regarding instances of
encroachment into green space within Crystal Ridge. This is
notification to all homeowners/residents of Crystal Ridge that
encroachment is illegal and may result in fines and/or legal action.
Encroachment occurs when a homeowner/resident does any
of the following:
1.
Increases their property by extending beyond the property
lines into green space or into an empty lot.
2.
Modifies original landscaping and/or slope of the land in
the green space.
3. Removes
natural vegetation growing in the green space.
4. Builds or
erects any permanent structure beyond the owner's property
lines.
The
City of Puyallup strictly enforces the encroachment codes by using
aerial photography to determine encroachment. If you are
encroaching into green space or into an empty lot, it is your
responsibility to return the area beyond your property lines to its
original condition (i.e., natural vegetation and slope).
If you have questions concerning encroachment, please
contact the City of Puyallup at 253-841-5571 or the HOA Board of
Directors.
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MODIFICATION
REQUESTS (5/15/02) -
Remember that residents are required by the
CC&R's to submit a �Modification Request�
for approval by the Board of Directors before you
do any exterior modifications to your property --
home painting or additions, fences, sheds, pools,
etc. Please review the CC&R's for the
requirements. If you have questions, contact the
Board via email or letter. Please allow 15 days
for review of your request by the Architectural
Control Committee (ACC). The Board will notify you
of the approval as soon as possible within this
time frame. Click for the
Modification Request
form that you print, fill out and mail to us for
approval (see address at top of this page).
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Blocking
Sidewalks is Not Allowed (3/07/02)
- It is against the City of Puyallup RCW code to
park on and block sidewalks on your property including
those that cross your driveway. Besides being
illegal in accordance with city code, it is not
courteous to other residents who use these sidewalks
for walking and running. Please do not park on
or block the sidewalk on your property to avoid being
cited for this violation.
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Leash
& Scooper Laws (1/12/02) - The City of Puyallup has leash and scoop laws requiring
pets to be on a leash and picked up after. The fines can
be as high as $475 per offense for allowing your dog to
run loose and for not picking up after your dog. Animal
Control suggests that you contact them at 841-5595 if you
see an animal loose or if you catch it on film. This
continues to be a frequent complaint from our residents.
Please be a responsible pet owner and keep your dog on a
leash, don�t let your dog run loose, and please scoop up
after your dog. Thank you for your help.
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HOA
Common Areas (11/25/01)
- Common areas in our neighborhood are owned and
controlled by the HOA which includes all
planter strips along the roadways including trees and
landscaping in the strip, all wooded areas and streams,
garden areas at the entrances and monuments, the tot lot,
etc. Simply said, all property outside of all homeowner�s
property boundaries are considered HOA Common areas. If
you have any questions concerning this, please contact the
Board before investing in a landscaping or modification
project. It is illegal for homeowners and residents to
encroach on to HOA common areas...it is better to be safe
than sorry...so please check with us first.
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Homeowner
Specials (7/14/01) - Recently you may have received mail, email,
and/or phone solicitations for specials on home siding,
satellite dishes, fences, roofing material and other
exterior items. These items are or may be covered by
our CCR's and will require a Modification Request for
Board approval to be submitted before you accept any of
these specials. Please review the
Modification
Request Form, CCR's
Online and your copy of the CCR's you received at
closing before your
commit to any of these specials.
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CRIME,
VANDALISM, & DISTURBANCE OF THE PEACE (4/17/01)
- These are all very disturbing
occurrences especially when you, your family, your
friends, or your neighbors are the victim of crime,
vandalism, and disturbance of the peace. The Board is
aware of some of the crime that occurs in Crystal Ridge
but certainly not all of it. When we are made aware of
crime that affects the neighborhood, we call the police to
file a report for the neighborhood. The Board is limited
in many situations since we do not have law enforcement
authority except as provided by the CC&Rs. All
residents can help to reduce and curtail crime, vandalism
and disturbance of the peace by calling the police when
you see a crime in progress, when you see suspicious
activity, or when you find yourself a victim of a crime.
Your immediate action not only helps you but also helps
the neighborhood by establishing a record of a crime
having been committed and may establish a pattern to help
the police catch and prosecute the perpetrators.
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THIS DECLARATION is made on the date hereinafter set forth
by Novastar Enterprises Inc., (�Declarant�), who is the Owner of certain land
situated in the state of Washington, County of Pierce, known as �Crystal
Ridge,� which is more particularly described on the attached Exhibits �A� and
�B� collectively.� In order to ensure
preservation of the high quality residential environment at Crystal Ridge,
Declarant agrees and covenants that all land and improvements now existing or
hereafter constructed thereon will be held, sold, conveyed subject to, and
burdened by the following covenants, conditions, restrictions, reservations,
limitations, liens and easements, all of which are for the purposes of
enhancing and protecting the value, desirability and attractiveness of such
lands for the benefit of all of such lands and the Owners thereof and their
heirs, successors, grantees and assigns.�
All provisions of this Declaration shall be binding upon all parties
having or acquiring any right, title or interest in such lands or any portion
thereof and shall inure to the benefit of each Owner thereof and to the benefit
of Crystal Ridge Homeowners Association and shall otherwise in all respects be
regarded as covenants running with the land.
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For purposes of the Declaration and the Articles of
Incorporation and the Bylaws of Crystal Ridge Homeowners Association, certain
words and phrases shall have particular meanings as follows:
Section 1. [AMENDED]�
�Association� shall mean and refer to Crystal Ridge Homeowners
Association, its successors and assigns.
Section 2.�
�Board� shall mean and refer to the Board of Directors of the
Association, as provided for in Article X.�
For purposes of exercising the powers and duties assigned in this
Declaration to the Board during the development period, this term shall also
mean the �Temporary Board� or �Declarant� as provided in Article III unless the
language or context clearly indicates otherwise.
Section 3.�
�Properties� shall mean and refer to the real property described with
particularity in Exhibit �A� and Exhibit �B� collectively, and such additions
to that property which may hereinafter be brought within the jurisdiction of the
Association.� Said �properties� may also
be collectively referred to as �Crystal Ridge.�
Section 4.�
�Common Areas� shall mean and refer to all of the real property
(including the improvements thereto) owned by the Association for the common
use and enjoyment of the members of the Association.� The Common Areas to be owned by the Association are described as
follows:
(a)
All �open
space� tracts of land to be dedicated to the Crystal Ridge Homeowners
Association on the face of each plat map to be recorded within Crystal Ridge.
(b) All other
�non-buildable� Lots or tracts of land specifically to be dedicated to the
Crystal Ridge Homeowners Association on the face of each plat map to be
recorded within Crystal Ridge, or to be deeded to the Association by separate
legal instrument.
Section 5.�
[AMENDED]
�Common Maintenance Areas� shall mean those portions of all real
property (including the improvements thereto) maintained by the Association for
the benefit of the members of the Association.�
The areas to be maintained by the Association are described as follows:
(a) All Common Areas as set forth in Section 4 above.
(b)
Landscaping,
irrigation and entry identification signage to be installed at the 23rd Avenue
S.E. intersection with Shaw Road, and along the open space frontage on 15th
Avenue East, as well as landscaping, irrigation and entry identification to be
installed for THE ESTATES.
(c)
The
7.5-foot wide landscape planter strip with street trees and associated
irrigation improvements in the street right-of-way within �The Estates at
Crystal Ridge� including both sides of all streets, AND the 7.5-foot
wide landscape planter strip with street trees, irrigation and landscaping in
those sections of the street right-of-way in Crystal Ridge which do not front
on lots.
(d)
Any
landscaping improvements installed within any storm drainage tracts dedicated
to the City of Puyallup.
(e)
Common
maintenance areas set forth in the Covenants, Conditions & Restrictions for
Janelle Estates under Recording No. 9205190361, at such time as the Janelle
Estates Homeowners Association is dissolved and the members of the Janelle
Estates Homeowners Association are subsequently incorporated into the Crystal
Ridge Homeowners Association.
Section 6.�
[AMENDED]
�Lot� shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Properties.�
Common Areas and Common Maintenance Areas shall not be regarded as Lots.
Section 7.�
�Declarant� shall mean and refer to Novastar Enterprises Inc., or the
successor designated by Novastar Enterprises Inc. during the development
period, as defined herein, which shall be at Novastar Enterprises Inc.�s sole
and exclusive discretion.
Section 8.�
�Architectural Control Committee� shall mean and refer to the duly
appointed or elected Committee of the Board of Directors as outlined in Article
XV of this Declaration, hereinafter referred to as the �Committee.�
Section 9.�
�Development Period� shall mean and refer to that period of time as
defined in Article III of this Declaration.
Section 10.�
[AMENDED] �Plat� shall mean and refer to the plat of Crystal Ridge, and all
divisions thereof, as approved by the City of Puyallup and to be recorded in
Pierce County, Washington, together with that certain real property
referred to in the Covenants, Conditions and Restrictions for Janelle Estates
as described under Recording No. 9205190361, Records of Pierce County,
Washington, excepting therefrom Lots 3 and 4 of the Novastar Short Plat, which
-are hereby exempted from this Declaration.�
(All of said properties are legally described on Exhibit �A� and Exhibit
�B� attached hereto).
Section 11.�
�Residence� shall mean and refer to buildings occupying any Lot.
Section 12.�
�The Estates at Crystal Ridge� hereinafter referred to as �THE ESTATES�
shall mean and refer to that certain division of Crystal Ridge more
particularly described by the legal description on the attached Exhibit �B�
hereto.
Section 13.�
[AMENDED]
�Owner� shall mean and refer to the record Owner, whether one or more
persons or entities, of (1) a fee simple title to any Lot which is a part of
the Properties (but excluding those persons or entities, such as real estate
contract sellers, having record title merely as security for the performance of
an obligation), or (2) the Purchaser under a real estate contract prior to
issuance of the fulfillment deed for the contract.
Section 14.�
�Crystal Ridge� shall mean and refer collectively to the �properties�
described in Section 10 of this Article I.
[AMENDED]
PRE-EXISTING RESTRICTIONS
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If the Properties covered by this Declaration are already
affected by previous covenants, restrictions, conditions, and encumbrances
(collectively �prior restrictions�), the Properties will continue to be subject
to such prior restrictions to the extent the prior restrictions are valid and
legally enforceable.
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF DECLARANT DURING DEVELOPMENT
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Section 1.� Management
by Declarant.� Development period
shall mean that period of time from the date of recording the Declaration until
(1) the date seven (7) years from the date of recording this Declaration or (2)
the thirtieth (30) day after Declarant has transferred title to the purchasers
of Lots representing 100 percent of the total voting power of all Lot Owners as
then constituted (so that Declarant no longer is entitled to vote either as a
Class A or Class B member of the Association pursuant to Article X, Section 3)
or (3) the date on which Declarant elects to permanently relinquish all of
Declarant�s authority under this Article III by written notice to all Owners,
whichever date first occurs.�
Notwithstanding anything in this Declaration
to the contrary, until termination of the
Development period, either upon the sale of the required number of Lots,
the expiration of seven (7) years, or at the election
of the Declarant, the Property shall be managed and the Association
organized at the sole discretion of the Declarant.
Section 2.� Notice
to Owners.� Not less than ten (10)
nor more than thirty (30) days prior to the termination of the development
period, the Declarant shall give written notice of the termination of the
development period to the Owner of each Lot.�
Said notice shall specify the date when the development period will
terminate and shall further notify the Owners of the date, place and time when
a meeting of the Association will be held.�
The notice shall specify that the purpose of the Association meeting is
to elect new Officers and Directors of the Association.� Notwithstanding any provisions of the
Articles or Bylaws of the Association to the contrary, for the purpose of this
meeting, the presence, either in person or by proxy, of the Owners of five (5)
Lots shall constitute a quorum.� The
Board of Directors and Officers of the Association may be elected by a majority
vote in said quorum.� If a quorum shall
not be present, the development period shall nevertheless terminate on that
date specified in said notice and it shall thereafter be the responsibility of
the Lot Owners to provide for the operation of the Association.
Section 3.�
Declarant may in Declarant�s sole discretion, and at such times as the
Declarant deems appropriate (including in the Articles of Incorporation of the
Association, if the Declarant is the Incorporator of the Association), appoint
three persons who may be Lot Owners, or are representatives of corporate
entities or other entities which are Lot Owners, as a Temporary Board.� This Temporary Board shall be for all
purposes the Board of Directors of the Association, and shall have full
authority (including the authority to adopt or amend the initial or subsequent
Bylaws of the Association) and all rights, responsibilities, privileges and
duties to manage the Properties under this Declaration and shall be subject to
all provisions of this Declaration, the Articles and the Bylaws.� Provided that, after selecting a Temporary
Board, the Declarant, in the exercise of the Declarant�s sole discretion, may at any time terminate the Temporary Board and
reassume the Declarant�s management authority
under Article III or select a new Temporary Board under this section of
Article III.� When the Declarant has
appointed a Temporary Board, the Temporary Board, during the development
period, shall have, and may fully exercise, any power or authority granted to the Permanent Board after
the development period.
Section 4.� So
long as no Temporary Board is managing the Properties or until such time as the
first permanent Board is elected, should Declarant choose not to appoint a
Temporary Board, Declarant or a managing agent selected by the Declarant shall
have the power and authority to exercise all the rights, duties and functions
of the Board and generally exercise all powers necessary to carry out the
provisions of this Declaration, including, but not limited to, enacting reasonable
administrative rules, contracting for required services, obtaining property and
liability insurance, collecting and expending all assessments and Association
funds, and enforcing this Declaration (including foreclosing any liens provided
for by this Declaration).� Any such
managing agent or the Declarant shall have the exclusive right to contract for
all goods and services, payment for which is to be made from any monies
collected from assessments.� In the
event that Association expenses exceed assessments, any monies provided by
Declarant for Association expenses that would otherwise be paid for out of
Association assessments shall be considered a loan to be repaid to Declarant
through regular or special assessments from the Association, together with
interest at 12 percent (12%) per annum.
Section 5.�
These requirements and covenants are made to ensure that the Properties
will be adequately administered in the initial stages of development and to
ensure an orderly transition to Association operations.� Acceptance of an interest in a Lot evidences
acceptance of this management authority in Declarant.
Section 6.�
Declarant shall have the management authority granted by this Article
III notwithstanding anything in this Declaration to the contrary.� Declarant, as the Incorporator of the
Association, may cause the Association to be incorporated, the Temporary Board
to be appointed either in the Articles of Incorporation of the Association or
by separate written instrument, to terminate the Temporary Board and reassume
the Declarant�s management authority under this Article III, reappoint
successor Temporary Boards, or take any other action permitted by this Article
III, all without affecting the authority given the Declarant by this Article
III to manage the Property and organize the Association at the Declarant�s sole
discretion.
[AMENDED]
DEED AND DEDICATION OF COMMON AREAS
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Section 1.�
Declarant shall transfer, convey and grant title to all of the Common
Areas of the Properties to the Association as each final plat map for a
division of Crystal Ridge is recorded for the common use and enjoyment of the
Association and the Owners in accordance with the terms and conditions of this
Declaration, reserving however, to the Declarant for the benefit of Declarant,
his successors and assigns, those certain rights of use, ingress, egress,
occupation and control indicated elsewhere in this Declaration for the duration
of the development period, at which time this reservation shall cease and then
be of no further force and effect.
DEED AND DEDICATION OF EASEMENTS
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Section 1.�
Declarant shall transfer and convey to the Association as each final
plat map for a division of Crystal Ridge is recorded, for the common use and
enjoyment of the Association and the Owners, all easements created thereby for
the purpose of landscaping, utilities, and access, reserving, however, to
Declarant for the benefit of Declarant, its successors and assigns, an equal
right to utilize all easements.� The
Declarant�s and Association�s right to use such easements are subject to the
right of the public to use rights-of-way which have been dedicated as public
roads and are open to public access, including emergency vehicle access.
[AMENDED]
ADMINISTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
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Section 1.� Owners�
Easements of Enjoyment.� Every Owner
shall have a right in easement of enjoyment in and to the Common Areas which
shall be appurtenant to and shall pass with title (or, if applicable, with the
equitable title held by a real estate contract purchaser), to every Lot subject
to the following provisions:
(a)
The right
of the Declarant or the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon the Common Areas,
and to establish use and operation standards for all Common Areas to be binding
on all Association Members along with enforcement standards.
(b)
The right
of the Declarant (during the development period) or the Association (after the
development period) to suspend an Owner�s right to vote and to use any
recreational facilities for any period during which assessments against his or
her Lot remain unpaid and for a period, not to exceed 60 days, for any, and
each separate, infraction of its published rules and regulations.
(c)
The
right of the Declarant (during the development period) or the Association
(after the development period) to dedicate, transfer, or encumber all or any
part of the Common Areas to any public agency, authority or utility for such purposes
and subject to such conditions as the Declarant or Members, as applicable, may
deem appropriate.� During the
development period, any such dedication or transfer of all or any part of the
Common Areas pursuant to this Section may be made by the Declarant in the
Declarant�s sole discretion.� After the
development period, no such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer, signed by the Owners of
two-thirds (2/3) of the Lots, has been recorded.
[AMENDED]
Section 2.�
Insurance.� Nothing shall
be done or kept in any Common Areas which will increase the rate of insurance
on the Common Areas or other Lots or Improvements without the prior written
consent of the Board.� Nothing shall be
done or kept in any Common Areas which will result in the cancellation of
insurance on any part of the Common Areas or which would be in violation of any
laws or ordinances.
Section 3.�
[AMENDED] Alteration
of Common Areas and Common Maintenance Areas.� Nothing shall be altered, or constructed in, or removed from any
Common Maintenance Areas except upon prior written consent of the
Committee.� There shall be no
construction of any kind within the Common Areas except that community
improvements may be constructed if two-thirds (2/3) of the members of the
Association authorize (1) the construction of such improvements and (2)
assessments for such improvements.�
Also, any such improvements would be subject to the acquisition of all
required permits from governmental agencies.�
This Section shall not limit or prohibit Declarant (and no member
consent shall be necessary), during the development period, from constructing
or altering any such improvements to any Common Areas or Common Maintenance
Areas, which the Declarant in Declarant�s sole discretion, deems for the
benefit and enhancement of said areas and the Association in general.
Section 4.�
[AMENDED] Dumping
in Common Areas, Common Maintenance Areas, or Native Growth Protection
Easements.� No trash, construction
debris or waste, plant or grass clippings or other debris of any kind, nor
hazardous waste (as defined in any federal, state, or local law or regulation)
shall be dumped, deposited or placed on any Common Areas or Common Maintenance
Areas.
Section 5.� Landscaping
and Fencing.� No permanent
structures or landscaping of any kind, including fences, walls, or shrubs, may
be built or placed within any right-of-way or easements as delineated on the
plat except as deemed appropriate by the Committee.� This prohibition shall not apply to the landscape and
fence/monument sign improvements in the Common Maintenance Areas installed by
Declarant, nor shall this Section prohibit the Association from installing
additional improvements or landscaping within the designated Common Areas or
Common Maintenance Areas, nor shall this section prohibit the installation of
fences by Lot Owners on property lines as may be otherwise allowed in this
Declaration, nor shall this section prohibit the installation of landscaping on
private Lot areas encumbered by utility easements not otherwise restricted in
this Declaration as to landscaping.�
Also, this prohibition shall not apply to landscaping of front or side
yard areas of Lots extending up to the edge of the curb or sidewalk in the
public right-of-way as further set forth in Article XII, Section 12 of this
Declaration.
MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS
DELEGATION OF MANAGEMENT
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Section 1.� Maintenance
of Common Areas.� Maintenance of the
Common Areas and Common Maintenance Areas and all improvements thereon shall be
the sole responsibility of the Association and shall include, but not be
limited to, maintenance of the Common Areas and Common Maintenance Areas.� This maintenance responsibility shall
commence as soon as each respective improvement by Declarant has been completed
during the development period.� All
maintenance of Lots and Residences located on Properties shall be the sole
obligation of the Owner, provided, however, the Association may, from time to
time, provide certain common maintenance of Lots and Residences as may be
determined to be in the best interests of all Owners.� The Association shall maintain and regulate the use of Common
Areas for the benefit of each Lot within the plat, and shall do all things
necessary to preserve and maintain the Common Areas for the purpose
intended.� It shall be the
responsibility of the Association to maintain said common areas and any
improvements thereon to preserve the value of said common areas for the use and
enjoyment of the Members of the Association in accordance with all restrictions
and limitations established for said common areas through this Declaration, the
laws and ordinances of Puyallup, Washington, and all other applicable statutes
and regulations.� The Declarant, during
the development period, and the Board following the development period, shall
have the exclusive right to establish use and operation standards for said
Common Areas to preserve the value and desirability of said Common Areas for
the enjoyment of the Members of the Association.
Section 2.� Responsibility
for Maintaining Common Maintenance Areas.�
The Association is responsible for maintaining and preserving the
character of areas designated on the face of the plat as Common Maintenance
Areas, or as defined in this Declaration as Common Maintenance Areas.� Common Maintenance Areas have been set aside
for landscaping and community identification purposes.
Section 3.� Repair
of Common Areas and Common Maintenance Areas.� Any damage to the Common Areas or Common Maintenance Areas or
improvements thereon, including landscaping plantings, fences, berms, etc., by
the Owners or their children shall be repaired within one (1) week by the
Owners who (or whose children) caused the damages.� If the damage cannot reasonably be repaired within one week, the
time for the Owner to repair the Property shall be extended to the time
reasonably required to repair the Property, provided that the Owner promptly
begins, and diligently pursues, the repair of the damage.� If such repairs are not made timely, the
Association shall execute the repair and the Owner will be obligated to
immediately pay the Association or its designee for the repair.� If the Owner fails to promptly make payment
for such repairs, the Owner will be charged interest at the rate of 12 percent
(12%) per annum on the payment due, the payment due shall be a personal
liability of the Owner, and the amount of the payment due shall be a lien on
the Owner�s Lot.
Section 4.�
[AMENDED] Maintenance
of Planter Areas.� It shall be the
responsibility of the Association to maintain the 7.5-foot wide landscape
planter strips in the right-of-way on each side of each street within THE
ESTATES, the entry planter landscaping and signage improvements in all areas of
Crystal Ridge, and the 7.5-foot wide landscape planter strips all right-of-way
areas in Crystal Ridge which do not front onto lots.
Section 5.� Management.� Each Owner expressly covenants that the
Board and the Declarant, during the development period, and the Board, after
the development period, may delegate all or any portion of their management
authority to a managing agent, manager or officer of the Association and may
enter into such management contracts or other service contracts to provide for
maintenance of Common Areas and Common Maintenance Areas and any portion
thereof.� Any management agreement or
employment agreement for the maintenance or management shall be terminable by
the Association without cause upon 90 days� written notice thereof; the term of
any such agreement shall not exceed three (3) years, renewable by agreement of
the parties for successive periods of up to three (3) years each.� Each Owner is bound to observe the terms and
conditions of any such management agreement or employment contract, all of which
shall be made available for inspection by any Owner on request.� Any fees or salaries applicable to any such
management, employment or service agreement shall be assessed to each Owner.
ASSESSMENTS
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Section 1.�
Each Owner of any Lot, by acceptance of a deed therefor, whether it
shall be so expressed in each deed, is deemed to covenant and agree to pay to
the Association (1) annual assessments or charges, (2) special assessments for
capital improvements, and (3) any assessments made by Declarant pursuant to
this Declaration.� If the Owner fails to
timely pay any assessments within thirty (30) days of the date specified by the
Association or Declarant (during the development period), the annual and special
assessments, together with any interest, costs and any reasonable attorney fees
incurred to collect such assessments, shall be a lien on the land comprising
the Lot, and shall be a continuing lien upon the Lot against which such
assessment is made.� Each such
assessment, together with any interest, costs and reasonable attorney fees
incurred in attempting to collect the easement, shall also be the personal
obligation of the person who is the Owner of such Property at the time when the
assessment fell due.� The personal
obligation for delinquent assessments shall continue even if the Owner
subsequently transfers legal or equitable title to the Lot; however, the
personal obligation for delinquent assessments shall not pass to the delinquent
Owner�s successors in ownership of the Lot unless expressly assumed by the
successor(s).� The Association shall
record such liens in the Office of the Pierce County Auditor.
Section 2.� Purpose
of Assessments.� The assessments
levied by the Association shall be used exclusively to (a) promote the
recreation, health, safety and welfare of the residents of the Properties, and
(b) for the improvements and maintenance of the Common Areas and Common
Maintenance Areas as provided in Article VI.
Section 3.� Annual
Assessment.� Until January 1993, the
annual assessment for Lots in THE ESTATES shall be $360 per Lot.� The annual assessment for all remaining Lots
in Crystal Ridge shall be $240 per Lot.�
Twenty-five percent (25%) of each and every annual assessment shall be
allocated and paid to the Declarant for plat management services provided by
the Declarant (or by a professional management firm hired by Declarant) to the
Association.� Such allocation of funds
to the Declarant shall cease when the development period expires and the
Association assumes collection costs, bookkeeping, and other management
responsibilities which are described with particularity in the Bylaws of
the Association.� The balance of the
annual assessment shall be used by Declarant during the development period, and
by the Association after the development period, for maintenance, repair, and
other purposes permitted by this Declaration.
The annual assessment may be increased (after December 31,
1992) during the development period to reflect increased (1) maintenance costs,
(2) repair costs, or (3) plat management costs.� All increases during the development period must directly reflect
increases in the above recited costs.�
During the development period, the Declarant shall have the authority to
reduce the annual assessments if economic data supports such a reduction
because of reduced maintenance costs or other anticipated Association expenses.
(a)
During
the development period, the maximum annual assessment may not be increased each
year more than 10 percent (10%) above the maximum assessment for the previous
year without a vote of the membership pursuant to Section 3(b) of Article VIII
of this Declaration.
(b)
After the
development period expires, the maximum annual assessment may be increased by
more than 10 percent (10%) (over the previous years� maximum annual assessment)
only if two-thirds (2/3) of the members of the Association, who are voting in
person or by proxy at a meeting duly called for this purpose, consent to such
an increase.
(c)
After the
development period expires, the Board of Directors shall fix the annual
assessment in accord with the above-recited standards.
Section 4.
(a)
[AMENDED] Special
Assessment for Irrigation Improvements for �The Estates at Crystal Ridge�.� For all Lots within �The Estates at Crystal
Ridge,� there is hereby levied an initial special assessment applicable only to
these Lots, for the purposes of funding the installation of an automatic
underground irrigation system which shall provide irrigation for all of the
7.5-foot wide landscape planter strip in the public right-of-way within THE
ESTATES, together with corner landscaping to be installed by Declarant adjacent
to the entry monuments for THE ESTATES.�
This special assessment shall be levied for a period of two years beginning
in 1993, and terminating in 1994.� Each
annual assessment shall be $450.� Each
such special annual assessment shall be due on the 1st of January of each of
the calendar years 1993 and 1994.
Not
withstanding anything in this Declaration to the contrary, this special annual
assessment shall accrue to each of the Lots in THE ESTATES beginning on January
1, 1993, with the first annual special assessment.� The Declarant shall be exempt from this annual special
assessment.� Upon the sale or transfer
of each Lot in THE ESTATES by Declarant, the accrued annual special assessments
shall become due and payable upon closing.�
By way of example, if a Lot is transferred or sold by Declarant in
calendar year 1994, the full special assessment accrued for years 1993 and
1994, shall be paid at the time of said closing or transfer.� For any closing during the calendar year
prior to December 31, the new Owner shall be obligated for the full special
assessment applicable for that calendar year regardless of when closing takes
place prior to December 31 of that calendar year.
These
annual special assessments shall be collected and deposited in a separate
Homeowners Association account for the express purpose of paying for the cost
of installing the entire irrigation system set forth herein for the mutual benefit
of all residents within THE ESTATES.�
This shall include the cost for purchase of materials, payment of any
City irrigation meter fees, all construction labor and taxes, together with
bonds, insurance, and all applicable expenses thereto as necessary in order to
accomplish the installation of this system.�
Furthermore, it is understood that the installation of this system shall
take place in phases as individual sections of the sidewalk and related
7.5-foot wide landscaping improvements are constructed by the respective
homeowners as further required in Article XII, Section 12 of this Declaration,
or at such other earlier time as may be determined by Declarant.
In the
event there are insufficient funds in this special assessment account to enable
the Association to pay for the installation of each respective section of said
irrigation system, the Declarant, acting on behalf of the Association, may
elect to loan the Association the funds necessary to accomplish the required
installation either in whole or in part.�
Any such funds loaned by the Declarant to the Association shall be
repaid as soon as funds are available, but in any event within one (1) year
from the date such funds are advanced.�
Furthermore, said loans shall bear interest at the rate of ten percent
(10%) per annum until paid.
The
Declarant during the development period may levy an additional annual special
assessment equally among the Lots within THE ESTATES for the purpose of
providing additional funds to accomplish the installation of said irrigation
system, to pay any loan fees and interest charges resulting from an advance of
funds by Declarant, or to cover any other expenses otherwise related to this
installation, including, but not limited to additional improvements for the
entry landscaping and monumentation exclusively for THE ESTATES.� However, any such election to authorize a
subsequent special annual assessment shall be subject to the provisions of
Section 4(b) of this Declaration.
In the
event that any funds are remaining in the special assessment account for the
irrigation system after all irrigation improvements have been installed in THE
ESTATES, and after collection of the full amount due for this special
assessment applicable to every Lot in THE ESTATES, any amount remaining shall
be refunded to all Owners of Lots in THE ESTATES on a pro rata basis among
every Lot Owner, after any loans made by Declarant have been repaid in full,
together with accrued interest thereon.
(b)
Subsequent
Special Assessment for Capital Improvements.� In addition to the annual assessments authorized in Section 3
above, and the special assessment authorized in Section 4(a) above, the
Association (or during the development period, the Declarant) may levy, in any
assessment year, a common assessment, applicable to that year only, for the
purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common
Areas or Common Maintenance Areas not prohibited by this Declaration, including
fixtures and personal property related thereto, provided that any such
assessment for those capital improvements or repairs exceeding $10,000 shall
have the assent of two-thirds (2/3) of the members of the Association who are
voting in person or by proxy at a meeting duly called for this purpose.
Section 5.� Notice
and Ouorum for any Action Authorized Under Sections 3 and 4.� Written notice of the place, day, hour and
purpose of any meeting called for the purpose of taking any action authorized
under Sections 3 and 4(b) of this Article shall be sent to all members not less
than thirty (30) days nor more than fifty (50) days in advance of the
meeting.� At the first meeting called,
the presence of 60 percent (60%) of the members of the Association or of
proxies entitled to cast 60 percent (60%) of the votes of the Association shall
constitute a quorum.� If the required
quorum is not present, another meeting may be called subject to the same notice
requirement; the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting.� In the event that a quorum is still not
achieved at the second meeting, then the Declarant, during the development
period, shall have the sole and exclusive authority to initiate a special
assessment and carry out capital improvements more fully described in Section 4
herein without first obtaining the approval of the required number of members
of the Association as further defined in Sections 4 and 5 herein.
Section 6.� Uniform
Rate of Assessment.� Both annual and
special assessments arising under Article VIII, Sections 3, 4, and
11, must be
fixed at a uniform rate for all Lots, provided, however, that, as stated in
Article VIII, Section 10, any unimproved Lot owned by the Declarant shall not
be subject to any assessments or charges described in this Declaration.� Assessments shall be collected on a monthly,
bimonthly, quarterly, or annual basis as determined by the Declarant during the
development period, or by the Association for periods after the development
period.
Section 7.� Date
of Commencement of Annual Assessment: Due Dates.� The annual assessments described in this Article shall commence
during the first calendar month following recording of the plat of Crystal
Ridge, or any division thereof.� If the
plat is recorded in divisions, then the annual assessment shall only apply to
those Lots recorded within each division based on the date each division is
recorded.� The first annual assessment
for each Lot Owner shall be adjusted according to the number of months
remaining in the calendar year calculated from the date of recording of the
division in which the Lot is located.�
After the development period expires, the Board of Directors shall fix
the annual assessment.� Written notice
of the annual assessment shall be sent to every Owner subject to such
assessments.� The due date shall be
established by the Board of Directors.�
The Association shall, upon demand and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting forth whether the
assessment on a specified Lot has been paid.�
A properly executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as of the date of its issuance.
Section 8.� Effect
of Non-Payment of Assessments, Remedies of the Association.� Any assessment not paid within thirty (30)
days after the due date shall bear interest from the due date at the rate of 12
percent (12%) per annum.� Each Owner
hereby expressly vests in the Declarant during the development period, or the
Association after the development period, or their agents the rights and powers
to bring all actions against such Owner personally for the collection of such
assessments as debts and to enforce lien rights of the Association by all
methods available for the enforcement of such liens, including foreclosure by
an action brought in the name of the Association in like manner as a mortgage
of real property.� Such Owner hereby
expressly grants to the Declarant or to the Association, as applicable, the
power of sale in connection with such liens.�
The liens provided for in this Section shall be in favor of the
Association and shall be for the benefit of the Association.� The Association shall have the power to bid
in an interest at foreclosure sale and to acquire, hold, lease, mortgage and
convey the same.� The Owner is
responsible for payment of all attorney fees incurred in collecting past due
assessments or enforcing the terms of assessment liens (see Article XVI,
Section 5).� No Owner may waive or
otherwise escape liability for the assessments provided herein by non-use of
the Common Areas, Common Maintenance Areas or abandonment of his Lot.
The Association shall have the right to suspend the voting
rights and enjoyment of Common Areas (see Article VI, Section
1[b]) of an Owner
for any period during which any assessment against the Lot remains unpaid and
for a period not to exceed sixty (60) days per infraction for any infraction of
the terms of either this Declaration, the Articles or the Bylaws of the
Association.
Section 9.� Subordination
of the Lien to Mortgage.� The lien
for assessments, provided for in this Article, shall be subordinate to the lien
of any first mortgage or first deed of trust (�first mortgage�).� Sale or transfer of any Lot shall not affect
the assessment lien.� However, the sale
or transfer of any Lot pursuant to a mortgage foreclosure, or any proceeding in
lieu thereof, or the first mortgage holders acceptance of a deed in lieu of
foreclosure, shall extinguish the lien created pursuant to this Article as to
payments which become due prior to such sale or transfer.� No sale or transfer, however, shall (a)
relieve such Lot Owner or Lot from liability for any assessments thereafter
becoming due nor from the lien thereof, nor (b) shall relieve the delinquent
Owner from personal liability for the amount of the payments which become due
prior to such sale or transfer, and for costs and attorney fees.
Section 10.� Exempt
Property.� All property dedicated to
and accepted by local public authority shall be exempt from the assessments
provided for in this Article.� Property
and Lots within Crystal Ridge owned by Declarant, and all Common Areas, shall
be exempt from any and all assessments provided for in this Declaration.� This Section shall apply notwithstanding any
other provision to the contrary in this Declaration.
Section 11.� Management
by Declarant During the Development Period.� Declarant, at its option, shall have and may exercise all of the
rights and powers herein given to the Association.� Such rights and powers are reserved by the Declarant, its
successors and assigns as provided in Article III.� Declarant shall have the right and option to assess Owners for
actual costs of maintaining Common Areas, Common Maintenance Areas, and
rights-of-way, and to assess a plat management fee during the development
period as set forth in Article VIII, Section
3.
[AMENDED]
MAINTENANCE OF LOTS [AMENDED]
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Section 1.� Exterior
Maintenance by Owner. �Each Lot and
Residence shall be maintained by the Owner in a neat, clean and sightly
condition at all times and shall be kept free of accumulations of litter, junk,
containers, equipment, building materials, and other debris.� All landscaping areas, including landscaping
extending into the adjacent street right-of-way, shall be regularly maintained
and trimmed to present a clean, neat, and well-maintained appearance.� All refuse shall be kept in sanitary
containers sealed from the view of any Lot; the containers shall regularly be
emptied and the contents disposed of off the Properties.� No grass cuttings, leaves, limbs, branches,
and other debris from vegetation shall be dumped or allowed to accumulate on
any part of the Properties, except that a regularly tended compost device shall
not be prohibited.� No storage of goods,
vehicles, boats, trailers, trucks, campers, recreational vehicles, or other
equipment or device shall be permitted in open view from any Lot or right-of-way.� (Vehicles, boats, trailers, trucks, campers,
and recreational vehicles shall be referred to as �Vehicles.�)� This provision shall exclude temporary (less
than 24 hours) parking of Vehicles on the designated driveway areas adjacent to
garages on the Lots.� This paragraph is
not meant to disallow permanent (more than 24 hours) parking or storage of
Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from
view from the adjacent rights-of-way and Lots.�
Screening of such Vehicles must have the approval of the Committee.� Upon 48 hours notice to the Owner of an
improperly parked Vehicle, the Board has the authority to have towed, at the
Owner�s expense, any Vehicles still visible from the right-of-way or adjacent
Residences that have been parked on any Lot or within the right-of-way for more
than 24 hours.
Notwithstanding the foregoing, Owners who have visiting
guests intending to stay in such a Vehicle may secure written permission from
the Board for such guests to park the Vehicle upon the Lot owned by the Owner
for a maximum period of one (1) week.�
Such a privilege shall only exist, however, after the written permission
has been obtained from the Board.
Section 2.� Easements
for Enforcement Purposes.� Owners
hereby grant to the Association an express easement for the purposes of going
upon the Lots of Owners for the purpose of removing Vehicles or other similar
objects which are parked or stored in violation of the terms of this
Declaration.
Section 3.� Lot
Maintenance by the Association.� In
the event that an Owner shall fail to maintain the exterior of his premises and
the improvements situated thereon in a manner consistent with maintenance
standards of tile Crystal Ridge community, including maintenance of landscaping
required in the adjacent right-of-way as set forth in Article XII, Section 12,
the Board shall, upon receipt of written complaint of any Owner and the
subsequent investigation which verifies that complaint, have the right through
its agents and employees to enter upon the offending Owner�s Lot and repair,
maintain and restore the Lot and exterior of the improvements on that Lot if
the Owner shall fail to respond in a manner satisfactory to the Board within
forty-five (45) days after mailing of adequate notice by certified mail to the
last known address of the Owner.� The
cost of such repair, maintenance or restoration shall be assessed against the
Lot, and the Board shall have the right to cause to be recorded a notice of
lien for labor and materials furnished, which lien may be enforced in the manner
provided by law for enforcement of labor liens and materialman�s liens.� In the event that the estimated cost of such
repair should exceed one-half of one percent (0.50%) of the County Tax Assessor
assessed value of the Lot and improvements on the Lot, the Board shall be
required to have the assent of two-thirds (2/3) of the Members before
undertaking such repairs.
Section 4.� Enforcement
During the Development Period.�
During the development period, the Declarant may elect to exercise and
perform the functions of the Board.� If
the Declarant elects not to perform this function or at any time elects to no
longer perform this function, the Declarant may appoint the Temporary Board to
function as provided herein.
HOMEOWNERS ASSOCIATION
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Section 1.� Non-Profit
Corporation.� The Association shall
be a non-profit corporation under the laws of the state of Washington.
Section 2.� Membership.� Every person or entity (including Declarant)
who is an Owner of any Lot shall become a member of the Association.� Membership shall be appurtenant to the Lot
and may not be separated from ownership of any Lot and shall not be assigned or
conveyed in any way except upon the transfer of title to, or a real estate
contract vendee�s interest in said Lot and then only to the transferee of
either the title to the Lot or the vendee�s interest in the Lot.� All Owners shall have the rights and duties
specified in this Declaration, the Articles and the Bylaws of the Association.
Section 3.��[AMENDED]
Voting
Rights.� The Association shall have
two (2) classes of voting membership:
Class
A:� Class A members shall be all
Owners, with the exceptions of (i) the Declarant while the Declarant is a Class
B member, and (ii) the Owners of Lots described as exempt in the Declaration.� Class A members shall be entitled to one (1)
vote for each Lot owned.� When more than
one (1) person holds an interest in any Lot, all such persons shall be
members.� The vote for such Lot shall be
exercised as they by majority determine, but in no event shall more than one
(1) vote be cast with respect to any Lot, nor shall any vote be divided.� When more than one person holds an interest
in any Lot, all such persons shall unanimously designate (in writing delivered
to the secretary of the Association) one of the persons (owning an interest in
the Lot) to vote (in person or by proxy) the vote for such Lot.
Class
B:� Class B member(s) shall be the
Declarant (as defined in this Declaration), and shall be entitled to three (3)
votes for each Lot owned.� The Class B
membership shall cease and be converted to Class A membership on January 1,
1999.� The Declarant shall become a
Class A member as to any Lots owned by the Declarant on January 1, 1999.
The voting rights of any Owner may be suspended as
provided for either in this Declaration, or in the Articles, or in the Bylaws
of the Association.� The Declarant,
during the development period, or the Association, after the Development
period, shall have the right to suspend the voting rights of a member for (i)
any period during which any assessment, or any other charge (as defined in
Article XVI, Section 6), against the Lot remains unpaid, and (ii) for a period
of not to exceed sixty (60) days each for any (and for each separate)
infraction of the terms of this Declaration, the Articles or the Bylaws of the
Association.
Section 4.� Meetings.� Meetings shall be conducted in accord with
the specifications set forth in the Bylaws of Crystal Ridge Homeowners
Association.
MANAGEMENT BY BOARD
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Section 1.�
[AMENDED] Expiration
of the Development Period.� Upon
expiration of the Declarant�s management authority under Article III, all
administrative power and authority shall vest in a Board of three directors who
need not be members of the Association.�
The Association, by amendment of the Bylaws, may increase the number of
directors.� All Board positions shall be
open for election at the first annual meeting after termination of the
development period under Article III.
Section 2.� Terms.� The terms which the Board members will serve
are defined in the Bylaws.
Section 3. Powers of the Board.� All powers of the Board must be exercised in
accord with the specifications which are set forth in the Bylaws.� The Board, for the benefit of all the
Properties and the Lot Owners, shall enforce the provisions of this Declaration
and the Bylaws.� In addition to the
duties and powers imposed by the Bylaws and any resolution of the Association
that may be hereafter adopted, the Board shall have the power and be
responsible for the following, in way of explanation but not limitation:
(a)
Insurance.� Obtain policies of insurance for Common
Areas and Common Maintenance Areas.
(b)
Legal
and Accounting Services.� Obtain
legal and accounting services if necessary to the administration of Association
affairs, administration of the Common Areas and Common Maintenance Areas, or
the enforcement of this Declaration.
(c)
Maintenance.� Pay from Association funds, all costs of
maintaining the Common Areas and Common Maintenance Areas.
(d)
Maintenance
of Lots.� Subject to the
requirements of Article IX, Section 3, maintain any Lot if such maintenance is
reasonably necessary in the judgment of the Board to (1) protect Common
Maintenance Areas, or (2) to preserve the appearance and value of the
Properties or Lot.� The Board may
authorize such maintenance activities if the Owner or Owners of the Lot have
failed or refused to perform maintenance within a reasonable time after written
notice of the necessity of such maintenance has been delivered by the Board to
the Owner or Owners of such Lot, provided that the Board shall levy a special
assessment against the Owner or Owners of such Lot and the Lot for the cost of
such maintenance.
(e)
Discharge
of Liens.� The Board may also pay
any amount necessary to discharge any lien or encumbrance levied against the
entire Properties or any part thereof which is claimed or may, in the opinion
of the Board, constitute a lien against the Properties rather than merely
against the interest therein of particular Owners.� Where one or more Owners are responsible for the existence of
such liens, they shall be jointly and severally liable for the entire cost of
discharging the lien(s) and all of any costs or expenses, including reasonable
attorney fees and costs of title search incurred by the Board by reason of such
lien or liens.� Such fees and costs
shall be assessed against the Owner or Owners and the Lot(s) responsible to the
extent of their responsibility.
(f)
Utilities.� Pay all utility charges attributable to
Common Areas and Common Maintenance Areas.
(g) Security.� Pay all costs deemed appropriate by the
Board to ensure adequate security for the Lots and Common Areas and Common
Maintenance Areas constituting the residential community created on the
Properties.
(h)
Right
to Contract.� Have the exclusive
right to contract for goods, services, maintenance, and capital improvements
provided, however, that such right of contract shall be subject to the
provisions of this Declaration.
(i)
Improvement
of Common Areas and Common Maintenance Areas.� Improve the Common Areas and Common Maintenance Areas with
capital improvements to such Common Areas and Common Maintenance Areas;
provided that for those capital improvements exceeding $10,000, the addition of
such capital improvements to the Common Areas and Common Maintenance Areas must
be approved by two-thirds (2/3) of the members of the Association who are
voting in person or by proxy at a meeting duly called for this purpose (subject
to notice and quorum requirements as set forth in Article VIII Section 5
herein).� This approval is not required
for the special assessment set forth in Section
4(a).
(j) Right
of Entry.� Enter any Lot or
Residence, when reasonably necessary, in the event of emergencies or in
connection with any maintenance, landscaping or construction for which the
Board is responsible.� Except in cases
of emergencies, the Board, its agents or employees shall attempt to give notice
to the Owner or occupant of any Lot or Residence 24 hours prior to such
entry.� Such entry must be made with as
little inconvenience to the Owners as practicable, and any damage caused
thereby shall be repaired by the Board, at the Association�s expense, if the
entry was due to an emergency (unless the emergency was caused by the Owner of the
Lot entered, in which case the cost shall be specially assessed to the Lot and
against the Owner of the Lot).� If the
repairs or maintenance activities were necessitated by the Owner�s neglect of
the Lot, the cost of such repair or maintenance activity shall be specially
assessed to that Lot and against the Owner of that Lot.� If the emergency or the need for maintenance
or repair was caused by another Owner of another Lot, the cost thereof shall be
specially assessed against the Owner of the other Lot and against the other
Lot.
(k)
Promulgation
of Rules.� Adopt and publish any
rules and regulations governing the members and their guests and establish
penalties for any infraction thereof.
(l)
Declaration
of Vacancies.� Declare the office of
a member of the Board to be vacant in the event that a member of the Board is
absent from three (3) consecutive regular meetings of the Board.
(m)
Employment
of Manager.� Employ a manager, as
independent contractor, or such other employees as the Board deems necessary
and describe the duties of such employees.
(n)
Payment
for Goods and Services.� Pay for all
goods and services required for the proper functioning of the Common Areas and
Common Maintenance Areas.
(o)
Impose
Assessments.� Impose annual and
special assessments.
(p)
Bank
Account.� Open a bank account on
behalf of the Association and designate the signatories required.
(q)
Exercise
of Powers, Duties and Authority.�
Exercise for the Association all powers, duties and authority vested in
or delegated to the Association and not reserved to the membership by other
provisions by the Bylaws, Articles of Incorporation, or this Declaration.� The Board shall have all powers and
authority permitted to it under this Declaration and the Bylaws.� However, nothing herein contained shall be
construed to give the Board authority to conduct a business for profit on
behalf of all the Owners or any of them.
Section 4.�
This Article XI is subject to the provisions of Article
III.
LAND USE RESTRICTIONS
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Section 1. �[AMENDED]
All Lots within Crystal Ridge shall be used solely for private
single-family residential purposes.�
Private single-family residences shall consist of no less than one (1)
Lot, and no Lot shall ever be further subdivided.� No Residence shall be constructed which exceeds the allowable
height set forth in the City of Puyallup Zoning Code for this zone, or as set
forth in Article XII Section 15.� Each
Residence must have a private enclosed car shelter for not less than two (2)
cars.� No single structure shall be
altered to provide residence for more than one (1) family.
Minimum area requirements for dwelling sizes will be
applicable for all construction in Crystal Ridge.� Separate dwelling size limitations shall be applicable to THE
ESTATES.� Every dwelling constructed on
a Lot in Crystal Ridge shall meet or exceed the minimum area limitations set
forth below:
|
THE ESTATES
|
All Other Lots
in Crystal Ridge
|
Rambler Style Residence
|
1,800 square feet
|
1,350 square feet
|
Multi-Story Residence
|
2,200 square feet
|
1,700 square feet
|
Qualifying Notes:
1. A
basement in a rambler-style house will not qualify as a multi-story residence.
2. Daylight
basements for rambler-style houses will not qualify as multi-story residences.
3. Tri-level
residences shall meet the minimum total square footage requirement for
multi-story residences.
4. In
computing the total square footage of a residence, basements shall not be
included, nor shall garages or enclosed decks be included.
Section 2.� No
Lot shall be used in a fashion which unreasonably interferes with any other
Owner�s right to use and enjoy the other Owner�s Lots.� The Board, the Committee designated by it,
or the Declarant during the development period, shall determine whether any
given use of a Site unreasonably interferes with those rights; such
determinations shall be conclusive.
Section 3.
(a)
No
noxious or offensive activity shall be conducted on any Lot, nor shall anything
be done or maintained on the Properties which may become an activity or
condition which unreasonably interferes with the rights this Declarant gives
other Owners to use and enjoy any part of the Properties.� No activity or condition shall be conducted
or maintained on any part of the Properties which detracts from the value of
the Properties as a residential community.�
No untidy or unsightly condition shall be maintained on any
property.� Untidy conditions shall
include, but are not limited to, publicly visible storage of wood, boats,
trailers, mobile homes, recreational vehicles, disabled vehicles of any kind
whatsoever, and landscaping which is not properly maintained.
(b)
Notwithstanding
anything in Section 3(a) of this Article XII to the contrary, during the
development period the Declarant may permit trailers (�temporary trailers�) to
be placed upon Owner�s Lots to facilitate the sale of the Lots and the
construction of residences (and residence-associated improvements) upon the
Lots.� All such temporary trailers shall
be placed only upon either (A) a Lot being sold by the Lot�s Owner, or (B) the
Lot upon which a residence is being constructed by the Lot�s Owner.� No such temporary trailers shall be placed,
without Declarant�s permission, on any other portion of the property described
on the attached Exhibits �A� and �B� and the adjacent rights-of-way.� The Declarant specifically, in the
Declarant�s sole discretion, may (i) completely deny an Owner permission to
place a temporary trailer on the Owner�s Lot, (ii) require any temporary
trailer placed upon the Lot to be placed in such a location as to minimize view
from public rights-of-way or from residences on other Lots, or (iii) impose
landscaping requirements which the Declarant, in the Declarant�s sole
discretion, may require, to improve the appearance of the temporary trailer on
the Lot.
Section 4.�
[AMENDED] Fences, walls or hedgerows are permitted on side and rear property
lines, up to within the greater of (i) 25 feet of the front property
line, or (ii) the distance between the front Lot line and the front wall
(facade) of the primary Residence, subject to (1) the approval of the Committee
and (2) determination whether such fences, walls or hedgerows would interfere
with utility easements reflected on the face of the plat and other easements
elsewhere recorded.� In no event shall
any fences, walls or hedgerows be allowed between the front Lot line and the
front wall (facade) of the primary Residence.�
No barbed wire, chain link, or corrugated fiberglass fences shall be
erected on any Lot, except that chain link fencing for sports facility
enclosures may be considered for approval by the Committee upon request.� All fences, open and solid, are to be
consistent with the standards set by the Committee and must be approved by the
Committee prior to construction.� The
Committee may make available a fence design which shall be used by all Owners
in a specific division of the plat.� The
Committee may also designate the approved colors for fence installations.� Any fencing installed in the plat on any Lot
which does not meet the standards set forth by the Committee shall be
removed at Owner�s expense upon demand by the Committee.
For corner Lots or panhandle Lots, fencing closer to the
front property line than as otherwise allowed in this section may be approved
upon review by the Committee.
Section 5.� No
mobile or �manufactured� homes, trailers, structures of a temporary character,
recreational vehicle, basement, tent, shack, garage, barn, or other out
buildings shall be used on any Lot at any time as a Residence, either
temporarily or permanently.� No vehicles
parked in public rights-of-way may be used temporarily or permanently for
residential purposes.
Section 6.� Mining.� No oil drilling, oil development operations,
oil refining, quarrying, or mining operation of any kind shall be permitted on
or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavation or
shafts shall be permitted on or in any Lot, nor shall oil wells, tanks,
tunnels, mineral excavation or shafts be permitted on or in any Lot.� No derrick or other structures designed for
use in boring for oil or natural gas shall be erected, maintained or permitted
upon any Lot.� Oil storage for
residential heating purposes is permissible if the storage tank is buried, any
necessary permits are obtained, and the storage complies with all applicable
environmental laws, rules, and regulations.
Section 7.� Building
Setbacks.� No structures shall be
located within 25 feet of the front line or nearer to the front or side street
line than minimum dwelling setback lines required by relevant public zoning
ordinance.� For the purpose of this
Covenant, eaves, steps, chimneys, and open porches shall not be considered as
part of the dwelling; provided, however, that this shall not be considered to
permit any portion of a dwelling on a Lot to encroach upon any required
setbacks by local codes, or to encroach upon another Lot or upon any easements
indicated on the face of the plat or as otherwise recorded, or upon the Common
Areas or Common Maintenance Areas.� In
no event shall any structures violate any provisions of any applicable building
or zoning ordinance, or any specific setbacks as set forth on the recorded plat
map, or any setbacks imposed through the establishment of easements for
utilities or access.� The Declarant,
during the development period, reserves the right to require greater front yard
setbacks for certain lots in THE ESTATES in order to help preserve views of
nearby lots.
Section 8.� Signs.
(a)
[AMENDED] No
signs, billboards, or other advertising structures or devices shall be
displayed to the public view on any Lot except One (1) sign not to exceed four
(4) square feet in area may be placed on a Lot to offer the property for sale
or rent.� The sign may also be used by a
builder to advertise the property during the construction and sale period.� Political yard signs, not more than eight
(8) square feet in area, of a temporary nature, will be allowed during campaign
periods on Lots.� Within five (5) days
after the date of the election to which the sign refers, such signs must be
removed from Lots.� This Section 8(a)
(including, but not limited to, the restrictions on the number of signs and the
sign size limit) shall not apply to signs approved under Section 8(b) of this
Article XII by the Declarant during the development period.
(b)(1)
[AMENDED] The
Declarant may, but is not required to, establish, for the duration of the
development period, signage guidelines and standards for Lot identification
signs, realtor identification signs, �for sale� signs, and other signage that
may be placed by Owners or parties other than the Declarant on any part of the
Lots within Crystal Ridge, the Common Areas, Common Maintenance Areas, or
public rights-of-way.� The Declarant
may, but is not required to, also develop an overall theme for signage within
the project, including specific requirements for physical sign installations
and size requirements, which theme will then become part of the established
guidelines and standards for signage in Crystal Ridge during the development
period.� In the event such guidelines
are established, the Declarant shall make the signage guidelines and standards
available upon request to Lot Owners and their representatives, including both
builders and real estate agents of Lot Owners.
(b)(2)
During
the development period, the Declarant shall have the sole and exclusive right
to approve, in the Declarant�s sole discretion, any and all signage
installations within any part of the real property encompassed within the plat
of Crystal Ridge, including the adjacent rights-of-way.� Every Owner of a Lot in Crystal Ridge, and
any builder or real estate agent on behalf of an Owner, shall submit any
proposed signs to the Declarant for approval prior to installation of the
signs.
Any
signs not specifically approved by the Declarant found anywhere on Lots in Crystal
Ridge, the Common Areas, the Common Maintenance Areas, (or any other portion of
the property identified on the attached Exhibits �A� and
�B�), or on adjacent
rights-of-way, may be promptly removed and disposed of by the Declarant.� The absolute right of the Declarant to
remove unauthorized signs from the Premises specifically includes, but is not
limited to, the Declarant�s right to remove any and all signs placed by real
estate agencies or their representatives, including temporary reader board signs
and other signage installations.
No
person, including, but not limited to, the person or persons owning any
interest in the signs removed, shall be entitled to compensation of any kind
for sign(s) removed by Declarant pursuant to this Section.
(b)(3)(i) The Declarant, during the development period,
may also require than an Owner install a specific Lot identification sign on
the Owner�s Lot.� All such Lot
identification signs shall meet any signage guidelines and standards
established by Declarant under this Section 8(b).� The Lot identification signs shall be constructed and installed
at the sole expense of Owner.� The Lot
identification sign shall remain on the premises regardless of any transfer of
Lot ownership until such time as the Declarant determines that a Lot
identification sign is no longer necessary for marketing purposes.
(ii) Notwithstanding
anything in Section 8(b)(3)(i) to the contrary, the Declarant will not require
an Owner to install a specific Lot identification sign if both (A) the Owner
already resides in a completed residence on the Lot, and (B) the Owner does not
intend to sell the Lot within the next two (2) years.� Any Owner claiming exemption from the specific Lot identification
sign requirement of this Section (b) shall, upon request, furnish to Declarant
an affidavit under oath confirming that the Owner intends to reside
indefinitely in the completed residence on the Lot and does not intend to sell
the Lot within two (2) years from the date of the affidavit.
(iii) If
an Owner fails to obtain and install a specific Lot identification sign within
fourteen (14) days of written request by Declarant, the Declarant may obtain
and install a Lot identification sign for the Owner�s Lot.� During the development period, Owner shall
not remove the sign without Declarant�s consent.� The Owner shall, upon demand, reimburse Declarant for all costs
of making and installing the specific Lot identification sign.� Declarant�s cost of obtaining and installing
the sign shall be a lien upon the Owner�s Lot, and a personal obligation of the
Owner, and shall be an �other charge� for purposes of Article XVI, Section 6.� Interest shall accrue pursuant to
Article XVI, Section 6, on any unpaid amounts due Declarant under this Section,
which interest shall accrue from the date ten (10) days after the Owner�s
receipt of written demand for repayment.
(c)
The
Board may cause any sign placed on Properties, in violation of this Article
XII, Section 8, to be removed and destroyed without compensation of any kind to
anyone including, but not limited to, any persons having an ownership interest
in the sign.� This Section shall not
apply to signage placed by Declarant (see Section 8(d) of this Article XII).
(d)(i)
Additional
signage may be installed by Declarant during the �development period� to
promote the sale of Lots or houses, and to promote Declarant�s project and
company.� Notwithstanding anything in
this Section 8 of Article XII to the contrary, signs placed by the Declarant
shall not be subject to any sign restrictions, and specifically shall not be
subject to the limitation set forth in Section 8(a) of this Article XII on the
number of signs and the size of signs.�
The Declarant shall not be subject to any guidelines or standards
established by Declarant for other parties pursuant to this Section 8(b) of
Article XII.
(d)(ii)
Under no
circumstances shall the Declarant be liable for, or be required to pay, for all
or any part of the construction, installation, or maintenance of any signs
which are placed upon any Lot not owned by the Declarant.� This Section shall apply even if Declarant
requires an Owner to place a sign pursuant to this Section 8 of Article XII.
(e)
The
Declarant further reserves the option to include the identification of Novastar
Enterprises Inc. on the entry monument signage for the properties at the time
of installation of said entry monumentation.�
This identification shall either be �A Novastar Community� or �Novastar
Development Company,� at Novastar�
Enterprises Inc. option.� Once
installed, the Association shall be responsible to maintain this signage and
identification in good condition, along with the plat identification signage
for the duration of these Covenants, Conditions and Restrictions as provided
for in Article XVI, Section 1, or until such time as Novastar Enterprises Inc.
consents or elects to remove this identification.� Each owner hereby covenants that this section of the CC&Rs
shall not be amended without the express written approval of Novastar
Enterprises Inc., even after expiration of the development period.
Section 9.� Animals.� No animals, except dogs, cats, caged birds,
fish and tanks, and other small household pets, will be permitted on Lots.� Dogs shall not be allowed to run at large or
to create a disturbance for other Owners in the plat.� Leashed animals are permitted within rights-of-way when
accompanied by their Owners.� Efforts
shall be made by the person accompanying the animal to exercise �scooping� of
animal waste.� All pens and enclosures
must be approved by the Committee prior to construction and shall be kept clean
and odor free at all times.� If the
investigation of the Board indicates that animals are kept in violation of this
Section, the Board will give the Owner ten (10) days� written notice of the
violation.� Such violation must be
remedied by the Owner within ten (10) days.�
Failure to comply with the written notice will result in a fine of $25
per day.� Any fine imposed by this
Section shall be the personal obligation of the fined Owner and a lien on the
Lot of the fined Owner.� The Association
shall be entitled to attorney fees and costs for any action taken to collect
such fines in accordance with the provisions of Article XVI, Section 5.
Section 10.� Driveways.� All driveways shall be paved with exposed
aggregate concrete, unless otherwise approved by the Committee.
Section 11.� Delegation
of Use and Responsibilities.� Any
owner may delegate, to members of his family or his tenants, in accordance with
the Bylaws of Crystal Ridge Homeowners Association, the Owner�s right of
enjoyment of Common Areas and Common Maintenance Areas.� In the event an Owner rents or leases his
property, a copy of this Declaration, as well as any rules and regulations that
may be adopted by the Association, shall be made available by the Owner to the
prospective renter at the time of commitment to the rental agreement.� Each Owner shall also be responsible for
informing guests and service personnel of the contents of this Declaration, as
well as any rules and regulations that may be adopted by the Association as
they may relate to appropriate community behavior.� Each Owner personally, and the Owner�s Lot, shall be responsible
for any damages to any Common Areas and Common Maintenance Areas (or any other
area maintained by the Association) or to any other Association property,
whether real or personal, caused by an Owner�s family, guest, tenant, agent,
workman, contractor or other licensee or invitee.� The Association shall have a lien upon the Owner�s Lot for the
amount of damages.
Section 12.�
[AMENDED] Landscaping
Standards.� The entire front yard,
including up to the edge of the curb in the adjacent right-of-way fronting any
Lot within Crystal Ridge shall be landscaped in accordance with the provisions
of this Section 12.� The landscaping
shall be installed within sixty (60) days of the receipt of a Certificate of
Occupancy, or within eight (8) months from the date that construction is
initiated, whichever date is earlier.�
If inclement weather conditions prevent the timely installation of said
landscaping improvements, the Lot Owner must make application to the Committee
for an extension of time until weather conditions sufficiently improve.� For corner Lots, the �front yard� shall mean
the frontage on both streets, such that both street frontages and yards must be
landscaped.
Each Owner within Crystal Ridge shall be required to install
a 4-inch round PVC irrigation sleeve 12 inches below grade and 12 inches behind
the existing concrete curb under the driveway apron to be constructed for each
Lot.� This irrigation sleeve shall be
extended a minimum of 12 inches beyond the limit of the driveway apron on each
side and shall be capped for future use by the Association.� This requirement shall apply to all Lot
Owners in Crystal Ridge.� In the event
that this irrigation sleeve is not installed by each Owner at the time of
installation of each respective driveway apron, and in the event that the
Association installs or contracts for the installation of an irrigation system
within the 7.5-foot wide landscape planter strips, each Lot Owner that fails to
provide the required irrigation sleeve shall subsequently bear the cost of
providing the sleeve at no cost to the Association when requested by the
Association to do so.
�Front yard� shall be defined as the Lot area extending from
the front property line back to a line measured parallel with the front
property line which would coincide with the front wall of the main dwelling on
the Lot, exclusive of any garage projections.
The front yard landscaping shall include all of the adjacent
street right-of-way along the Lot frontage out to the edge of the curb in the
street.
For all Lots in THE ESTATES, the entire Lot shall be
landscaped within the time limits set forth in this Section 12, including all
side and rear yard areas.
Landscaping on each Lot shall incorporate the use of
significant grass sod or seeded areas visible from the adjacent
right-of-way.� At least 50 percent of
the area of every front yard, shall be maintained as lawn area unless otherwise
approved by the Committee.� Lots with
severe grades may be exempt from this requirement, provided a suitable
alternative landscape plan is approved by the Committee.� For corner Lots with visible back yard areas
from the adjacent street right-of-way, landscaping shall be provided on the
entire Lot area as set forth in this Section 12, unless otherwise approved by
the Committee.
Each Owner shall be required to install landscaping
within the 7.5-foot wide planter strip in the street right-of-way fronting
every Lot between the curb and sidewalk.�
This landscaping shall include proper soil preparation, installation of
grass sod, and street trees, all in accordance with the approved Crystal Ridge
Landscaping Plan prepared by Declarant, approved by the City of Puyallup and on
file in the City of Puyallup Planning Department.� Each Owner shall contact the Committee to obtain information
about where the approved street trees can be purchased, where the sod should be
purchased, and what special conditions, if any, may apply to the installation
of said improvements.� Once each Owner
has completed all required landscaping improvements, the Committee shall be
notified and an inspection requested.�
Upon approval of the installation by the Committee, as well as the City
of Puyallup, the planter strips and street trees shall thereafter be maintained
by each Owner in accordance with this Section 12, except as set forth
below.� In the event an Owner fails to
properly maintain the 7.5-foot wide planter strip, the Association may
undertake to perform corrective maintenance, with the costs of said maintenance
to be billed to the Owner, which shall then be considered an assessment subject
to the provisions of Article VIII, Section
8.
For every Lot in THE ESTATES, a fully automatic underground
irrigation system will be installed by the Homeowners Association, with the
installation to be paid for through a special assessment to be levied equally
against each of the Lots in THE ESTATES as set forth in Article VIII, Section
4(a).� This assessment and requirement
shall not apply to other Lots in Crystal Ridge.� The Committee shall be given sufficient notice, (30 days
minimum), as to when the installation of landscaping within the planter strip
for each Owner in THE ESTATES is to take place by Owner, so that the Committee
can coordinate the installation of the irrigation system mainline improvements
within the planter strip, if such improvements have not already been completed
by the Committee or Declarant.� Each Owner
in THE ESTATES shall be responsible for adjusting any irrigation heads,
installing new heads, or otherwise making connections to the mainline
irrigation system within these 7.5-foot wide planter strips as directed by the
Committee so that the completed landscaping will be properly watered with the
irrigation improvements to be maintained by the Association within THE
ESTATES.� Within THE ESTATES, the
Association shall be responsible for maintenance and upkeep of the 7.5-foot
wide planter strips together with the street trees and irrigation system after
each Owner has completed the required landscaping improvements and the
Committee has approved of the installation as set forth above.� The cost for maintaining the 7.5-foot wide
landscape planter strips within THE ESTATES shall be paid for exclusively by
Owners of Lots within THE ESTATES through the increased annual assessment as
set forth in Article VIII, Section 3.
For all Owners of corner Lots in Crystal Ridge, the
Association hereby reserves unto itself the exclusive right to install
underground irrigation improvements behind the sidewalk within the front 10
feet of each respective corner Lot for a distance extending 10 feet on each end
of the sidewalk radius and including the sidewalk radius.� This right shall be for the purpose of
allowing the Association, if necessary, to connect irrigation system
improvements within the adjacent 7.5-foot wide landscape planter strips.� If any landscaping improvements in this
easement area are disturbed by the Association to accomplish the installation
of such irrigation improvements, the Association shall be fully responsible for
restoring the disturbed yard areas to be in reasonable conformance with
pre-existing conditions at the time of construction.
On Lots with native vegetation and significant trees
remaining after completion of all plat construction by Declarant, each Owner of
said Lots shall be required to retain as many significant trees (trees with a
trunk diameter of at least 8 inches measured at a height of 36 inches from the
ground level) as possible as part of the final Lot grading and landscaping
improvements during and after house construction.� Clear cutting of a Lot without prior approval of the Committee is
not allowed.� Each Owner shall submit a
plot plan to the Committee as required in Article XV, Section
8(g), which
identifies all significant trees to be removed, subject to approval of the
Committee.� This section is not intended
to prevent any Owner from reasonable use and enjoyment of their Lot, or to
prevent any Owner from removing trees to enhance scenic views.
In the event water restrictions or shortages are imposed by
the municipal water purveyor, the deadlines for installation of landscaping and
certain maintenance requirements directly dependent upon available water
supplies as set forth in this section shall be temporarily suspended until such
time as the water restrictions are removed.�
Upon termination of water restrictions by the municipal water purveyor,
the suspension of the installation and maintenance requirements of this Section
12 will be terminated as well.
Section 13.�
[AMENDED] Requirement for Masonry Construction on Chimneys (Affects Lots in THE
ESTATES Onlv).
(a)
The
primary fireplace chimney in each residence in THE ESTATES shall be constructed
of masonry brick material approved by the Committee except where both (i) the
primary fireplace chimney is located on the back of the house opposite the
street frontage, and (ii) the main part of the chimney is not visible from any
street (an �approved non-masonry chimney�).�
For residences with more than one fireplace, only the primary fireplace
chimney most visible from the adjacent right-of-way shall, if required by the
previous sentence, be required to be of masonry brick construction.
(b)
The
Committee (or the Declarant, during the development period) shall have sole
authority to approve non-masonry fireplace chimneys qualifying for the
exemption from masonry construction set forth in Section 13(a) of this Article
XII.� The Committee shall review the
criteria of Section 13(a) of this Article XII prior to approving any
residential structure without any brick masonry construction on fireplace
chimneys.
(c)
No metal
flues nor metal chimneys will be allowed on any residences or other buildings constructed
on any Lot within the plat of Crystal Ridge unless enclosed within appropriate
wood or masonry materials.
(d)
Unless
otherwise approved by the Committee, residences otherwise qualifying for
exemption from the masonry fireplace construction requirement of Section 13(a) shall have� �make-up� masonry
construction.� The �make-up� masonry
construction shall be brick masonry construction visible from the adjoining
street right-of-way and shall be an amount equal to a minimum of 200 square
feet of brick masonry facing, unless otherwise approved by the Committee.
Section 14.� Garages.� Each Residence in Crystal Ridge shall
incorporate a minimum two-car garage designed and constructed as an integral
part of said Residence.� In special
circumstances, a detached garage may be approved by the Committee.
Section 15.�
[AMENDED] Maximum
Structure Height Limitations/View Preservation.� Certain Lots within THE ESTATES have been designated by the
Declarant as potential view Lots, or Lots which require special building restrictions
to preserve potential views that may be enjoyed by adjoining or nearby
Lots.� The decision of which Lots are
affected by this consideration has been made in Declarant�s sole discretion,
and is not intended to represent or warrant in any way that any scenic views
will or will not be possible from a specific Lot in the plat of THE ESTATES,
whether identified in this list of Lots or not.� The Declarant has used its best judgment in identifying certain
Lots that have potential for the preservation or enjoyment of certain scenic
views, and has imposed specific building height limitations on certain Lots to
provide the opportunity to assist in the protection or enhancement of this view
potential.� These restrictions are in no
way intended to guarantee or warrant that views will or will not be available
or protected on or from any Lot in THE ESTATES.
The Lots that are specifically subject to building height
restrictions are summarized in the following list.� Each Lot number includes a reference elevation which represents
the maximum elevation height (ridge height) for any manmade structure that can
be constructed on said Lot.� The maximum
height shall apply to the top-most point of any structure.� Each elevation listed is referenced to City
of Puyallup datum.� For purposes of
referencing this elevation, an elevation of 392.04 has been established in the
top of the monument case placed in the street at the intersection of Crystal
Ridge Drive S.E. and Crystal Lane Loop S.E., respectively.� All elevations listed in this section are
referenced to this specific base elevation, which shall also be known as a
�benchmark elevation.�
The Committee shall be given the responsibility and shall
have the authority to review and approve or disapprove of all proposed plans
for construction of residences on Lots in THE ESTATES affected by view
limitations set forth in the following list.�
The acts of the Committee shall be deemed final, and shall be carried
out in accordance with Article XV, Section 10, in this Declaration.
THE ESTATES AT CRYSTAL RIDGE
LOT NUMBER
|
MAXIMUM RIDGE HEIGHT*
|
13
|
469
|
14
|
458
|
15
|
457
|
16
|
450
|
17
|
445
|
18
|
445
|
19
|
458
|
20
|
453
|
21
|
453
|
22
|
453
|
23
|
448
|
24
|
438
|
25
|
438
|
26
|
425
|
27
|
420
|
28
|
408
|
32
|
395
|
33
|
390
|
34
|
385
|
43
|
400
|
44
|
410
|
45
|
410
|
61
|
430
|
62
|
450
|
63
|
455
|
64
|
465
|
65
|
470
|
66
|
474
|
67
|
475
|
��������������� * Vertical height is based on City
of Puyallup datum.� Monuments in the
streets may be utilized for vertical reference.
Section 16.�
[AMENDED] Maintenance
of Tree and Plant Height (Affects Lots in THE ESTATES Only).� On Lots which have a ridge height limitation
as set forth in Section 15 in this Article
XII, no trees, shrubs, hedges, or
plants of any kind over six (6) feet high may be allowed to block the view of
Mount Rainier or The Cascades or the valley floor for those upslope or adjacent
Lots which would be adversely affected by such vegetation.� If any tree, plant, hedge, etc., grows above
six (6) feet high and partially or completely blocks said views from any of
these affected Lots, the Owners of Lots whose view is blocked may, at their
expense, trim said trees, plants, etc., down to a level that is not blocking
their view, but in any event not less than six (6) feet in height.� However, any other damage and/or liability
incurred by the trimming and removal of slash from trees or plants shall not be
waived.� All work must be accomplished
in a neat and clean manner by a licensed and bonded contractor and all
landscaping returned to its original condition.� Furthermore, prior to any such trimming action by the affected
Owner, the Owner on whose Lot the vegetation exists shall first be notified in
writing, and the timing for the activity shall be coordinated to accommodate
each Owner involved.� In the event of
any dispute, both Owners shall present their case to the Committee, and the
Committee shall decide whether the vegetation should be trimmed or not.
BUILDING RESTRICTIONS
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Section 1.�
[AMENDED] Building
Materials.� All homes constructed on
each Lot shall be built of new materials, with the exception of �decor� items
such as used brick, weathered planking, and similar items.� The Committee will determine whether a used
material is a �decor� item.� In making
this determination, the Committee will consider whether the material harmonizes
with the aesthetic character of Crystal Ridge development and whether the
material would add to the attractive development of the subdivision.
All roofs are to be of cedar shake, shingle, tile, or
�woodruff� type.� No asphalt shingles or
composition style roofs shall be allowed.�
For all Lots in THE ESTATES, all siding and trim are to be of resawn
wood or �LP�-type siding of a color to be approved by the Committee.� For all other Lots in Crystal Ridge, this
requirement shall apply for the wall of each structure which faces directly to
the adjacent street.� For corner Lots,
both sides facing the street shall be subject to this requirement.� For the remaining sides of each structure
not directly facing the street for Lots in Crystal Ridge, except in THE
ESTATES, T-111 type plywood siding with consistent vertical or horizontal
grooves with the street side wall may be allowed, so long as the color and
quality are consistent.� All visible
masonry shall be new brick or tile.�
Decorative-type materials simulating masonry may be allowed by the
Committee in certain applications, except in THE ESTATES.� Decorative-type �used� brick shall be
considered an acceptable masonry material for all Lots in Crystal Ridge.
The exterior of all construction on any Lot shall be
designed, built, and maintained in such a manner as to blend in with the
natural surroundings and landscaping within Crystal Ridge.� Exterior colors must be approved by the
Committee.� Exterior trim, fences,
doors, railings, decks, eaves, gutters, and the exterior finish of garages and
other accessory buildings shall be designed, built, and maintained to be
compatible with the exterior of the structure they adjoin.� Generally, colors shall be soft earth tones,
beiges, or pastels, and similar shades.
Section 2.� Maintenance
of Lots During the Construction Period.�
Each Lot Owner, exclusive of the Declarant shall have a responsibility
to generally maintain the Lot in either a natural forested condition prior to
any clearing, or in a neat and clean appearance after construction commences
for a Residence on said Lot.� After
clearing of vegetation for construction, the debris from the clearing operation
shall be promptly removed from the Lot and disposed of off site in an approved
location.� In no case shall any
vegetation cleared from one Lot be deposited on an adjacent Lot or on any Common
Areas or Common Maintenance Areas.
During construction of each Residence, periodic efforts
shall be made by the Owner, or the Owner�s construction representatives, to
pick up scrap materials and other construction debris and to periodically
dispose of said materials.� No dumping
of any such debris or refuse shall be allowed on adjoining Lots or on any
Common Areas or Common Maintenance Areas within the plat of Crystal Ridge.� Upon completion of the construction on any
Lot and prior to the occupancy of the structure, the Lot Owner shall be
responsible for keeping the landscaping improvements and the structure itself
in a clean and neat appearance.� This
shall include the responsibility for regular landscape maintenance, watering,
trimming, and upkeep to present a finished, manicured appearance of said
premises from the adjacent right-of-way.�
In the event that the Lot Owner, or Owner�s construction representative(s),
fails to meet the standards set forth in this Section, the Board shall have the
right to complete such clean-up activity in accordance with the provisions as
set forth in Article IX.
Section 3.�
[AMENDED] Plan
Checks/Construction Cleanup Fee.�
Each Lot Owner shall be required to clean up the Lot within ten (10)
days of receiving a Certificate of Occupancy.�
Such Lot Owners shall, upon application to the Committee for approval of
house plans, be required to pay a $450 fee to the Committee or the Declarant as
set forth below, to be used as follows:
(a)
$50 for
house plan check to the Committee as provided in Section 9 of Article XV; and
(b)(1)
$250 as a
damage deposit to the Declarant until expiration of the development period,
then to the Committee, to be held without interest until house construction is
complete.� The damage deposit will be
used in the event the Owner does not comply with all construction standards,
clean-up standards, and landscape installation and maintenance standards
contained in Articles XII and XIII of this Declaration (the �Completion
Standards�).
If the
Owner does not comply with the Completion Standards, the Committee may handle
the clean-up, landscape installation or maintenance, or any other actions
required to bring the construction and Lot completion into compliance with this
Declaration.
The
cost of any actions taken by the Committee pursuant to this section shall be
deducted from the $250 deposit.� If the
cost of the actions taken by the Committee pursuant to this section exceeds the
deposit, the additional expense shall be the personal obligation of the Owner
of the Lot, a lien upon the Lot, an �other charge� for purposes of Article XVI,
Section 6, and shall be paid to the Association upon demand.
Notwithstanding
anything in this section or the Declaration to the contrary, neither the
Declarant nor the Committee shall be obligated to take any action required to
clean up a Lot, nor to bring a residence, landscaping, or other improvements on
a Lot into compliance with the Completion Standards nor with other requirements
of this Declaration.� The Declarant or
the Committee may take such action as the Declarant wishes; however, any action
taken by the Declarant or the Committee shall not impose any requirement on the
Declarant or the Committee to initiate or complete any other actions necessary
or advisable to clean up the Lot or otherwise bring the construction and
landscaping into compliance with the Completed Standards and this Declaration.
(b)(2)
Once all of
the construction on a specific Lot has been completed by the Owner, including
all required landscaping improvements on site and within the adjoining
rights-of-way as set forth in this Declaration, the Owner may request a refund
of the $250 damage deposit.
Within
thirty (30) days from receiving said notice, the Committee, or designated
representative, shall conduct a site inspection to verify that the Owner
appears to have met all Completion Standards (as defined in Section 3(b)(1) of
this Article XIII).� If all Completion
Standards appear to have been met, then the damage deposit shall be returned to
the Owner within ninety (90) days of the original date of the Committee�s
receipt of the request for the refund.
Return
of all or any portion of the damage deposit shall not under any circumstances
constitute a representation or warranty by the Declarant or by the Committee to
the Owner, other Lot Owners, the Association, or anyone else, either (A) that
the Completion Standards have been met, or (B) that any other requirements of
this Declaration has been complied with.
If any
part of the deposit may be required to fulfill Completion Standard
requirements, then (i) the damage deposit may be applied to the cost of
clean-up as set forth in Section (b)(1) immediately above, and (ii) the
Committee shall give the Owner written notice specifying the reasons for the
denial of the refund.� Section (b)(1)
above shall also apply if the clean-up costs exceed $250.
(b)(3)
$150 to be
paid to the Declarant during the development period, or to the Committee after
expiration of the development period, which shall be a non-refundable street
cleaning deposit to be used by the Declarant or the Committee for the purpose
of sweeping and cleaning the streets and storm drains within Crystal Ridge
while housing construction is underway.
(c)
During
the development period, Declarant shall have the right to waive these fees at
Declarant�s sole discretion.
Section 4.� Permits.� No construction or exterior addition or
change or alteration of any structure may be started on any portion of the
Properties without the Owner first obtaining a building permit and other
necessary permits from the proper local governmental authority, and written
approval of such permits from the Board, Committee, or the Declarant, as well
as plan check approval as set forth in Article XV, Section
8.
Section 5.� Codes.� All construction shall conform to the
requirements of the state of Washington Rules and Regulations for Installing
Electric Wires and Equipment, and Uniform Codes (building, mechanical,
plumbing), in force at the commencement of the construction, including the
latest revisions thereof.
Section 6.� The
time of Completion.� The exterior of
any structures, including painting or other suitable finish and front yard
landscaping, shall be completed within eight (8) months of the beginning of
construction so as to present a finished appearance when viewed from any
angle.� The construction area shall be
kept reasonably clean during the construction period.
Section 7.� Entry
for Inspection.� Any agent, officer
or member of the Board, Committee, or Declarant may, at any reasonable
predetermined hour upon twenty-four (24) hour notice during construction or
exterior remodeling, enter and inspect the structure to determine if there has
been compliance with the provisions of this Declaration.� The above recited individuals shall not be
deemed guilty of trespass for such entry or inspection.� There is created an easement over, upon and
across the residential Lots for the purpose of making and carrying out such
inspections.
Section 8.� Contractor.� Without the prior approval of the Committee,
no home may be constructed on any Lot other than by a contractor licensed as a
general contractor under the statutes of the state of Washington.
UTILITIES
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Section 1. �Wiring.� The wiring (other than interior wiring) for
buildings of any kind shall be underground.
Section 2.� Antennae.� No radio or television antennae,
transmitters or parabolic reflectors (satellite dish antennae) shall be
permitted unless approved by the Committee.�
Any such installations shall be fully screened from public view as a
minimum requirement for approval, but such screening shall not guarantee
approval by the Committee.� Any such
installations shall not be approved if, in the sole discretion of the
Committee, the installation(s) will detract from the appearance of the Lot or
Properties.
Section 3.� Utilities
- Requirement for Natural Gas Connection.�
All structures must utilize natural gas for home heating systems unless
otherwise approved by the Declarant.� A
penalty of $992 will be assessed against any Lot Owner�s Lot where natural gas
is not utilized for home heating systems unless a specific exemption in writing
was first obtained by said Lot Owner from the Declarant.� The $992 penalty shall be a lien upon the
Lot or Lots upon which the residence, not using natural gas, is located, and
shall also be the personal obligation of the Owner of the Lot(s).� Declarant shall have the right to foreclose
on said lien if payment is not made by said Lot Owner promptly within 30 days
of the request for such payment by Declarant.�
The $992 to be paid pursuant to this Section shall be paid to Declarant.
ARCHITECTURAL CONTROL
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Section 1.� Architectural
Control Committee (�Committee�).� So
long as the Declarant is either a Class A or Class B voting member of the
Association, the Declarant shall act as the Architectural Control Committee
(�act as the Committee�) created by this Article XV (even if the development
period has ended) unless the Declarant elects not to act as the Committee.� If the Declarant is acting as the Committee,
the Declarant shall have all authority and perform all functions given to the
Committee by these Declarations and applicable law; all references to
�Committee� in this Article XV shall apply to the Declarant while acting as the
Committee.
If the Declarant is still a voting member of the Association
but elects not to act as the Committee, then (i) if the development period has
not ended, Declarant shall appoint a Committee to function as the Committee and
(ii) after the development period, the Board shall appoint the Committee.� At such time as the Declarant is no longer a
voting member of the Association, the Board shall have the authority to appoint
the Committee provided for by this Article XV.�
The Committee, when appointed, shall consist of not less than three (3)
and not more than five (5) Members.� It
is not a requirement that Members of the Committee be (1) Owners or (2) Members
of the Association.
Section 2.� Jurisdiction
and Purpose.� The Committee or the
Declarant as set forth herein, shall review proposed plans and specifications
for Residences, accessory structures, fences, walls, appurtenant recreational
facilities (e.g., hot tubs, basketball courts, tennis courts, swimming pools,
and bath houses), or other exterior structures to be placed upon the
Properties.� No exterior addition,
structural alteration, or exterior structures of any kind may be made until
plans and specifications showing the nature, kind, shape, height, materials and
location of the proposed structure or alteration have been submitted to and
approved, in writing, by the Committee.�
The Committee shall also review proposals to change the exterior color of
homes in the plat.� The Committee shall
determine whether the exterior design and location of the proposed structure,
alteration, or color change harmonizes with the (1) surrounding structures, (2)
surrounding natural and built environment, and (3) aesthetic character of other
homes in the plat.
Section 3.� Membership.� Except as provided in Section 1 of this
Article XV, the Committee shall be designated by the Board.� An election to fill either a newly created
position on the Committee or a vacancy on the Committee requires the vote of
the majority of the entire Board.�
However, the Board is not obliged to fill a vacancy on the Committee
unless the membership of the Committee numbers less than three (3) persons.
Section 4.� Designation
of a Representative.� The Committee
may unanimously designate one or more of its members or a third party to act on
behalf of the Committee with respect to both ministerial matters and
discretionary judgments.� The decisions
of such individuals are subject to review by the entire Committee at the
request of any member of the Committee.
Section 5.� Donation
of Time.� No member of the Committee
shall be entitled to any compensation for services performed on behalf of the
Committee.� Committee members shall have
no financial liability resulting from Committee actions.
Section 6.� Address
of the Committee.� The address of
the Committee shall be at the registered office address of the Association.
Section 7.� Voting.� Committee decisions shall be determined by a
majority vote of the members of the Committee.
Section 8.� Submission
of Plans.� All plans and
specifications required to be submitted to the Committee shall be submitted by
mail to the address of the Committee in duplicate.� The written submission shall contain the name and address of the
Owner submitting the plans and specifications, identify the Lot involved, and
the following information about the proposed structures:
(a)
The
location of the structure upon the Lot;
(b)
The
elevation of the structure with reference to the existing and finished Lot
grades;
(c)
The
general design;
(d)
The
interior layout;
(e)
The
exterior finish materials and color, including roof materials;
(f)
Other
information which may be required in order to determine whether the structure
conforms to the standards articulated in this Declaration and the standards
employed by the Committee in evaluating development proposals.
(g)
A
Plot Plan at a scale of one inch equals 20 feet (1� = 20�) shall be required,
which shall include topography information if the Lot has a grade difference
from one side to another of more than ten (10) feet.� The plan shall also include specific details of front and side
yard landscaping improvements extending up to the edge of the street paving on
the Lot frontage.� This plan must also
show the approximate location of all significant trees and a notation as to
whether or not they will be removed, as set forth in Article XII, Section 12.
(h)
The
submittal to the Committee must be accompanied by the information summary sheet
attached as Exhibit �C� to this Declaration.�
All information requested must be included on the summary sheet for the
Committee to be able to consider the submittal complete.� The time period allowed for review by the
Committee as set forth in Section 12 herein shall commence once the submittal
is considered complete.
Section 9.� Plan
Check Fee.� All individuals
submitting plans to the Committee shall be obliged to pay a reasonable plan
check fee to cover the administrative costs of reviewing such development
proposals.� It will be necessary to pay
the plan check fee upon submitting plans and specifications to the
Committee.� A plan check fee of $50 will
be charged to review plans and specifications for Residences.� A fee of $25 will be charged for the review
of other structures.� After the
development period, the review fees may be changed by vote of a majority of the
Board, to cover reasonable review costs.
Section 10.� Evaluating
Development Proposals.� The
Committee shall have the authority to establish aesthetic standards for evaluating
development proposals.� In addition to
such standards, in evaluating development proposals, the Committee shall
determine whether the external design, color, building materials, appearance,
height, configuration, location on the Lot, and landscaping of the proposed
structure (the �design elements�) harmonize with (1) the various features of
the natural and built environment, (2) the aesthetic character of the other
homes in Crystal Ridge, and (3) any other factors which affect the desirability
or suitability of a proposed structure or alteration (collectively the
�approval factors�).� The Committee
shall decline to approve any design in which (1) the design elements fail to
harmonize with the approval factors described in the previous sentence or which
fail to meet any aesthetic standards promulgated by the Committee, (2) impacts
adversely on nearby Properties and Common Areas, or (3) is of a temporary or
non-permanent nature.� Committee
determinations may be amended by a majority vote of Committee members.
The Architectural Control Committee shall have the authority
to review and approve or disapprove all plans submitted for construction on the
Lots within THE ESTATES with respect to the potential for view obstruction for
adjoining or nearby Lots in THE ESTATES based on structure orientation and
mass.� It is the intent of this
paragraph to allow for some control by the Committee to promote the goal that
each Lot within THE ESTATES with view potential retains such individual view
potential as much as is reasonably possible, while not unreasonably restricting
what each Owner desires to build.�
However, in no case shall the Committee approve any variations to the
maximum ridge height elevation of Article XII, Section 15, without first
obtaining written approval to do so from every Lot Owner that could be directly
affected as to views from their respective residences.
When it deems it is appropriate, the Committee shall require
plan modifications to the finished floor elevations relative to the ground
surface or to the location or orientation of the structure on each Lot within
THE ESTATES so as to protect this view potential on adjoining Lots, if in their
sole discretion they determine that the plans submitted can be modified with
respect to these features in such a manner as to not unreasonably impact
adversely the subject lot�s view potential for which the plans were submitted,
or the use of that Lot by the Owner.�
The Architectural Control Committee and its members have no authority or
obligation to protect, create, or enhance the view from or to any Lot in THE
ESTATES, and shall be held completely harmless from any liability as to its
decisions on building placement and/or orientation or elevations.
Section 11.� Exclusions.� So long as the Declarant is either a Class A
or Class B voting member of the Association, the Declarant shall have the right
to waive the plans and specifications review for builders in Crystal
Ridge.� Any such waiver shall not exempt
said builder from any of the standards or restrictions articulated in this
Declaration, and all structures and improvements shall meet all standards and
restrictions contained in these declarations.
Section 12.� Approval
Procedures.� Within fourteen (14)
days after the receipt of plans and specifications, the Committee shall approve
or disapprove the proposed structure.�
The Committee may decline to approve plans and specifications which, in
its opinion, do not conform to restrictions articulated in this Declaration and
criteria (including those in Section 10 of this Article
XV) or to its aesthetic
standards.� The Committee shall indicate
its approval or disapproval on one of the copies of the plans and
specifications provided by the applicant and shall return the plans and
specifications to the address shown on the plans and specifications.� In the event that no disapproval of such
plans and specifications is given within fourteen (14) days of submission, then
the plans shall be deemed to be approved.�
In any event, the Association shall hold the Committee members (and the
Declarant, if acting as the Committee) harmless from any actions taken (or
actions not taken) relative to the approval, disapproval, or non-action on any
plans submitted for review.�
�Non-action� on the part of the Committee shall not exempt tile
applicant from any of the provisions of this Declaration or the restrictions
articulated herein.� By purchasing a Lot
in Crystal Ridge, the Owners agree that, to the extent permitted by law, the
Declarant shall have no liability to the Owners or the Association for any
actions taken, or actions not taken, while acting as the Committee.
Section 13.�
Compliance with Codes/Environmental Laws.
(a)
In all
cases, ultimate responsibility for satisfying all local building codes and
requirements rests with the Owner and contractor employed by the Owner.� The Committee has no responsibility for
ensuring that plans and specifications which it reviews comply with local
building codes and requirements.� The
Owner shall hold the Committee members (and Declarant) harmless in the event
that a structure which the Committee (or Declarant) authorizes fails to comply
with relevant building and zoning requirements or these covenants and
restrictions contained herein.� No
person on the Committee or acting on behalf of the Committee, nor the Declarant
acting as the Committee, or anyone acting on behalf of the Declarant, shall be
held responsible for any defect in any plans or specifications which are
approved by the Committee or Declarant nor shall any member of the Committee or
any person acting on behalf of the Committee or Declarant be held responsible
for any defect in a structure which was built pursuant to plans and
specifications approved by the Committee, or by the Declarant.
(b)
Neither
the Declarant, the Committee, nor any member of the Committee, nor the
Association, nor anyone acting on behalf of the Committee or the Association,
shall have any responsibility for compliance by Owner (or any agent,
representative, guest, or invitee of Owner) with any environmental laws,
regulations, or rules, including, but not limited to, those relating to
hazardous waste and placement of underground oil storage tanks.
Section 14.�[AMENDED]
Variation.� The Committee shall have the authority to
approve plans and specifications which do not conform to these restrictions in
order to (1) overcome practical difficulties or (2) prevent undue hardship from
being imposed on an Owner as a result of applying these restrictions.� However, such variations may only be
approved in the event that the variation will not (1) detrimentally impact on
the overall appearance of the development, (2) impair the attractive
development of the subdivision or (3) adversely affect the character of nearby
Lots.� Granting such a variation shall
not constitute a waiver of the restrictions articulated in this
Declaration.� Variations shall only be
granted if the Committee determines that the variation would further the
purposes and intent of these restrictions.�
Variations shall only be granted in extraordinary circumstances.
Section 15.�
[AMENDED] Enforcement.� The Association (including the Declarant on
behalf of the Association), Board, or any Owner shall have the right to bring
suit for judicial enforcement of a determination of the Committee, or, after
the development period, to seek an order requiring the Committee to exercise
its authority, and perform its functions, under this Article XV.� In any judicial action to enforce a
determination of the Committee, the losing party shall pay the prevailing party
attorney fees, expert witness fees, and other costs incurred in connection with
such a legal action or appeal (see Article XVI, Section
5).
Section 16.�
[AMENDED] Committee/Declarant
Liability.� The Association shall
hold the Committee Members and the Declarant, if acting as the Committee,
harmless from any actions taken (or actions not taken) under any previous of
this Declaration, including, but not limited to, actions taken (or not taken)
under Articles XII, XIII and
XV of this Declaration.� By purchasing a Lot in Crystal Ridge, the Owners agree that, to
the extent permitted by the law, neither the Declarant (nor any officer,
director, or representative of Declarant), nor the Committee (nor any member of
the Committee) shall have any liability to the Owners or to the
Association for any actions taken, or actions not taken, while acting as the
Declarant or the Committee under this Declaration.
� Non-action� on the part of the Committee or the Declarant
shall not exempt the applicant from any of the provisions of this Declaration
or restrictions contained in this Declaration.
GENERAL PROVISIONS
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Section 1.� Covenants
Running with the Land.� These
covenants are to run with the land and be binding on all parties and persons
claiming under them for a period of thirty (30) years from the date these
covenants are recorded, after which time the covenants shall be automatically
extended for successive periods of ten (10) years unless an instrument signed
by a majority of the individuals then owning Lots has been recorded which
reflects their intent to amend, or remove the covenants in whole or in part.
Section 2.�
[AMENDED] Amendment.� The covenants and restrictions articulated
in this Declaration shall run with the land and bind the land for a term of
thirty (30) years from the date that this Declaration is recorded.� After 30 years have expired, the covenants
shall be automatically extended in accordance with the provisions set forth in
Section 1 of this Article.� So long as
the Declarant is either a Class A or Class B member of the Association, this
Declaration may be amended only if (a) the Declarant gives the Declarant�s
express written approval of the amendment in writing, and (b) the Owners of at
least 51 percent (51%) of the Lots, including those owned by Declarant, sign an
instrument (which may be executed in counterparts) approving the
amendment.� At such time as the
Declarant is no longer a Class A or Class B voting member of the Association,
this Declaration may be amended if the Owners of at least 75 percent (75%) of
the Lots vote to amend particular provisions of this instrument as then in
effect (including any prior amendments).�
In no event shall any provisions expressly referring to the Declarant be
amended at any time without the express written approval of the Declarant or
the Declarant�s successor in interest (unless the Declarant, or Declarant�s
successor in interest, no longer exists).�
All amendments must be filed with the office of the Pierce County
Auditor.
Section 3.� Insurance.� The Association shall have no obligation to obtain
any insurance on the Lots or the structures located on the Lots except as
expressly provided herein.
Section 4.� Enforcement.� The Association (including the Declarant on
behalf of the Association), the Board, or any Owner shall have the right to enforce,
by any legal proceeding, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this
Declaration (including, but not limited to, Article XV, Section
15).
Section 5.� Attorney
Fees.� In the event that it is
necessary to seek the services of an attorney in order to enforce any (1)
provisions of this Declaration, or (2) lien created pursuant to the authority
of this Declaration, the individual against whom enforcement is sought shall be
personally obligated to pay any attorney fees incurred.� If the Owner fails to pay such fees within
sixty (60) days, such fees shall become a lien against the Owner�s Lot.
In any legal action commenced in order to enforce the
provisions of this Declaration, the prevailing party shall be entitled to
recover all reasonable attorney fees and expert witness fees incurred in order
to enforce the provisions of this Declaration.�
The prevailing party shall also be entitled to recover all costs.
Section 6.� Liens
for Other Charges.� This Section
shall apply to all fees, charges, penalties, interest, costs, attorney fees and
other amounts assessed against an Owner or the Owner�s Lot (the �other
charges�) and which are not described in Sections 3 and
4 of Article VIII of
this Declaration (the �regular assessments�).�
Unless otherwise provided in this Declaration, the other charges shall
be a personal obligation of the Owner, and also a lien against the Owner�s
Lot(s) identical to the lien of the regular assessments.� The liens upon Lots for other charges may be
recorded, collected and foreclosed in the same manner as liens for regular
assessments, with the costs (including reasonable attorney fees) of collection
or foreclosure, or both, to be additional �other charges� for which the Owner
shall be personally liable and which shall be a lien on the Owner�s Lot
enforceable as provided in this Section.
Section 7.� Interest.� All assessments, penalties, liens, fines,
and other charges (defined in Section 5 of this Article
XVI) shall bear
interest, if not paid when due, at the rate of 12 percent (12%) per annum until
paid in full.� The interest shall accrue
from the due date.
Section 8.�
[AMENDED] Waiver
of Opposition to Continued Development of Crystal Ridge.� Each Owner of a Lot in Crystal Ridge, their
heirs, successors, and assigns, shall consent to the continued development of
Crystal Ridge in accordance with the approved Master Plan on file in the City
of Puyallup by Declarant or Declarant�s successor.� This waiver of opposition shall extend to all construction
activity and land use related approvals necessary to accomplish the full
development and completion of the Crystal Ridge community so long as such
construction and development is consistent with municipal requirements of the
City of Puyallup.
Section 9.� Successors
and Assigns.� The covenants,
restrictions and conditions articulated in this declaration shall run with the
land and shall accordingly be binding on all successors and assigns.
Section 10.� Severability.� The invalidity of any one or more phases,
clauses, sentences, paragraphs or sections herein shall not affect the
remaining portions of this Declaration or any part thereof.� In the event that one or more of the
phrases, clauses, sentences, paragraphs or sections contained herein should be
invalid, this Declaration shall be construed as if the invalid phrase, clause,
sentence, paragraph or section had not been inserted.
Section 11.� Rule
Against Perpetuities.� In the event
that any provision or provisions of this Declaration violate the rule against
perpetuities, such provision or provisions shall be construed as being void and
of no effect as of twenty-one (21) years after the death of the last surviving
member of the Temporary Board appointed by the Declarant in the Articles of
Incorporation for the Association (�First Temporary Board�) of the Association
or twenty-one (21) years after the death of the last survivor of all of any of
the First Temporary Board member�s children and grandchildren who shall be living
at the time this instrument is executed, whichever is later.� All such provisions shall be given full
effect until the particular provisions become void under this Section.
EXHIBIT �A�
LEGAL DESCRIPTION FOR CRYSTAL RIDGE
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Parcel A
The Northwest quarter of the Southwest quarter of Section
16, Township 20 North, Range 4 East of the W.M., records of Pierce County
Auditor;
Situate in the County of Pierce, State of Washington;
Parcel B
The Southwest quarter of the Southwest quarter of Section
36, Township 20 North, Range 4 East of the W.M., in Pierce County, Washington;
EXCEPT that portion platted as Rodesco Estates, Second
Addition, as per plat recorded in Volume 54 of Plats, pages 35 through 38,
inclusive, records of Pierce County Auditor;
Parcel C
The Northeast quarter of the Southwest quarter of Section
36, Township 20 North, Range 4 East of the W.M., records of Pierce County
Auditor;
Situate in County of Pierce, State of Washington;
Parcel D
The Northwest quarter of the Southeast quarter of Section
36, Township 20 North, Range 4 East of the W.M., in Pierce County, Washington;
EXCEPT that portion included in the Northern Pacific
Congressional Grant for railway, as disclosed by Deed recorded under Recording
No. 1758905;
Situate in the County of Pierce, State of Washington.
Parcel E
Lots 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the plat of
Janelle Estates, as recorded in records of Pierce County� under Auditor�s File No. 9204160867.
Situate in the County of Pierce, State of Washington.
Parcel F
Lots 1 and 2 of the Novastar Short Plat, as recorded in
records of Pierce County under Auditor�s File No. 9203200663.
Situate in the County of Pierce, State of Washington
EXCEPT that parcel described as follows:
The Northwest quarter of the Southeast quarter of Section
36, Township 20 North, Range 4 East of the Willamette Meridian, in Pierce
County, Washington;
EXCEPT that portion included in the Northern Pacific
Congressional Grant for railway, as disclosed by Deed recorded under Recording
No. 1758905;
AND that portion of the Northeast quarter of the Southwest
quarter of Section 36, Township 20 North, Range 4 East of the Willamette
Meridian lying East of the following described line:
COMMENCING at the Northwest corner of said Northeast quarter
of said Southwest quarter;
THENCE North 89˚ 57� 16� East, 680 feet along the North
line of said subdivision to the
TRUE POINT OF BEGINNING of herein described line;
THENCE South 00˚ 21� 44� East, 95.00 feet to a point of
curvature;
THENCE Southeasterly along the arc of a curve to the left
having a radius of 25.00 feet through a central angle of 90˚ 00� 00� and
an arc length of 39.27 feet;
THENCE South 00˚ 02� 04� East, 60.00 feet to a point of
curvature;
The radius point of which bears South 00˚ 02� 44� East;
THENCE Southwesterly along the arc of a curve to the left
having a radius of 25.00 feet through a central angle of 90˚ 00� 00� and
an arc length of 39.27 feet;
THENCE South 00˚ 02� 44� East, 98.00 feet;
THENCE North 89˚ 57� 16� East, 125.00 feet;
THENCE South 00˚ 02� 44� East, 282.00 feet;
THENCE South 43˚ 10� 39� West, 76.30 feet;
THENCE South 49˚ 06� 02� West, 83.55 feet to a point on
a curve the radius point of which bears North 74˚ 40� 07� East;
THENCE Southeasterly along the arc of a curve to the left
having a radius of 270.00 feet, through a central angle of 21˚ 40� 36� and
an arc length of 102.15 feet;
THENCE South 52˚ 59� 32� West, 60.00 feet to a point on
a curve the radius point of which bears North 52˚ 59� 32� East;
THENCE Southeasterly along the arc of a curve to the left
having a radius of 330 feet through a central angle of 2˚ 10� 07� and an
arc length of 12.49 feet to a point of reverse curvature;
THENCE Southwesterly along the arc of a curve to the right
having a radius of 25.00 feet through a central angle of 85˚ 11� 23� and
an arc length of 37.17 feet;
THENCE South 42˚ 47� 35� East, 60.01 feet;
THENCE South 46˚ 00� 48� West, 95.00 feet;
THENCE South 43˚ 59� 12� East, 180.00 feet;
THENCE South 07˚ 39� 09� West, 26.48 feet;
THENCE South 18˚ 09� 01� East, 194.80 feet to the South
line of said Northeast quarter of said Southwest quarter and the terminus of
herein described centerline;
Situate in the County of Pierce, State of Washington.
EXHIBIT �B�
LEGAL DESCRIPTION FOR THE ESTATES AT CRYSTAL RIDGE
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The Northwest quarter of
the Southeast quarter of Section 36, Township 20 North, Range 4 East of the
Willamette Meridian, in Pierce County, Washington;
EXCEPT that portion
included in the Northern Pacific Congressional Grant for railway, as disclosed
by Deed recorded under Recording No. 1758905;
AND that portion of the
Northeast quarter of the Southwest quarter of Section 36, Township 20 North,
Range 4 East of the Willamette Meridian lying East of the following described
line:
COMMENCING at the
Northwest corner of said Northeast quarter of said Southwest quarter;
THENCE North 89˚ 57�
16� East, 680 feet along the North line of said subdivision to the
TRUE POINT OF BEGINNING of
herein described line;
THENCE South 00˚ 21�
44� East, 95.00 feet to a point of curvature;
THENCE Southeasterly along
the arc of a curve to the left having a radius of 25.00 feet through a central
angle of 90˚ 00� 00� and an arc length of 39.27 feet;
THENCE South 00˚ 02�
04� East, 60.00 feet to a point of curvature;
The radius point of which
bears South 00˚ 02� 44� East;
THENCE Southwesterly along
the arc of a curve to the left having a radius of 25.00 feet through a central
angle of 90˚ 00� 00� and an arc length of 39.27 feet;
THENCE South 00˚ 02�
44� East, 98.00 feet;
THENCE North 89˚ 57�
16� East, 125.00 feet;
THENCE South 00˚ 02�
44� East, 282.00 feet
THENCE South 43˚ 10�
39� West, 76.30 feet;
THENCE South 49˚ 06�
02� West, 83.55 feet to a point on a curve the radius point of which bears
North 74˚ 40� 07� East;
THENCE Southeasterly along
the arc of a curve to the left having a radius of 270.00 feet, through a
central angle of 21˚ 40� 36� and an arc length of 102.15 feet;
THENCE South 52˚ 59� 32� West, 60.00 feet to a point on a
curve the radius point of which bears North 52˚ 59� 32� East;
THENCE Southeasterly along
the arc of a curve to the left having a radius of 330 feet through a central
angle of 2˚ 10� 07� and an arc length of 12.49 feet to a point of reverse
curvature;
THENCE Southwesterly along
the arc of a curve to the right having a radius of 25.00 feet through a central
angle of 85˚ 11� 23� and an arc length of 37.17 feet;
THENCE South 42˚ 47�
35� East, 60.01 feet;
THENCE South 46˚ 00�
48� West, 95.00 feet;
THENCE South 43˚ 59�
12� East, 180.00 feet;
THENCE South 07˚ 39�
09� West, 26.48 feet;
THENCE South 18˚ 09�
01� East, 194.80 feet to the South line of said Northeast quarter of said
Southwest quarter and the terminus of herein described centerline;
Situate in the County of
Pierce, State of Washington.
CRYSTAL
RIDGE
EXHIBIT �C�
�ARCHITECTUAL
CONTROL COMMITTEE�
PRELIMINARY
INFORMATION WORKSHEET
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BUILDER
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LOT NO.
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DIVISION NO.
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ADDRESS
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SECTION I -
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PLOT PLAN AND LANDSCAPING (Please include the following
information on the plot plan and fill in blanks where provided.)
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A.
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Plot Plan (Scale : 1� = 20�)
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1.
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Topographical Contours (2-� interval)
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2.
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Location of Structure on Lot
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a.
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Front yard setback
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b.
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Side yard setback (Rt.)
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c.
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Side yard setback (Lt.)
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d.
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Rear yard setback
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3.
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Existing and proposed grade elevations around structure(s)
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4.
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Peak elevations of roof (if subject to view limitations in
THE ESTATES)
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5.
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Exposed aggregate concrete driveway
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6.
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Show all easements affecting Lot
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B.
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Landscape Plan/Information
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1.
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Location of existing significant trees 8-inch and greater
in diameter shown graphically as circles
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2.
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Location of 8-inch and larger significant trees proposed
to remain (shown graphically as circles with �Xs� in them.)
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3.
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Show proposed lawn and planter areas (70 percent of front
yard sod area minimum)
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II -
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RESIDENTIAL PLAN REQUIREMENTS
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A.
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Complete set of building plans, elevations, and
specifications, providing the following information, as minimum:
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1.
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Finished floor areas
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Main Floor
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SF
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Upper Floor
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SF
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Basement
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SF
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Unfinished
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SF
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Garage
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SF
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2.
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Roofing materials:
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3.
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Exterior wall finishes:
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4.
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No. of fireplaces and finishes:
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Main
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Other
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5.
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Area of masonry on facade:
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SF
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6.
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Types of window frames:
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Wood
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Extruded Vinyl
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Extruded aluminum (anodized only)
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7.
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Exterior color scheme (please attach samples or
manufacturer name and number)
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in
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� Accent
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Trim
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8.
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Do you propose to install any antennas on exterior of
structure?
(Note:� Such
structures require special approval from ACC committee)
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No
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Yes (Please describe):
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9.
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Main heating source:
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Natural Gas
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Other (Submit fee of $992)
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B.
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Fees
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1.
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Plan check
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a.� New plan (for
this project) submit $50
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2.
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Damage and clean up deposit (all Lots) submit $400
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I, _____________________________, am an authorized
representative of owner/contractor for the residence to be constructed on
this Lot, and certify that the information provided herein is accurate to the
best of my knowledge.� Any significant
deviations from the above will be submitted to the Crystal Ridge
Architectural Control Committee for review and approval.
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Signature
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Title
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Company
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***************************************
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Submittal requirements:
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1.
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Application Fees
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2.
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One complete set of Building Plans
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3.
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Two copies of Plat/Landscape Plan
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4.
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Once copy of Preliminary Information Sheet
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5.
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Color samples and/or manufacturer name and number
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*
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Note:� Plans
submitted for review must be legible and will not be returned.
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The Crystal Ridge Architectural Control Committee hereby
approves your plans and specifications for the above referenced lot as
submitted/subject to the following:
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The Crystal Ridge Architectural Control Committee hereby
denies your request for approval of the plans and specifications as submitted
for the following reason(s):
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Signed:
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Date:
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CRYSTAL RIDGE ARCHITECTURAL CONTROL COMMITTEE
C/O NOVASTAR ENTERPRISES, INC., 18215 - 72ND AVE.� S.,
KENT, WASHINGTON 98032
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FIRST AMENDMENT
TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED UNDER PIERCE COUNTY RECORDING NO. 9211160194
IN PIERCE COUNTY, WASHINGTON
CRYSTAL RIDGE HOMEOWNERS ASSOCIATION OF PUYALLUP,
WASHINGTON
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��������������� This Amendment is to the Declaration of Covenants,
Conditions and Restrictions recorded under Pierce County, Washington, Recording
No. 9211160194 (hereinafter referred to either as the �Declaration� or as the
�Covenants, Conditions and Restrictions�).�
This Amendment is applicable to all of the real property subject to the
Declaration as defined on Exhibits �A� and �B,� respectively, of said
Declaration, and as amended herein.
��������������� WHEREAS,
the undersigned, NOVASTAR ENTERPRISES INC., is the owner of more than fifty-one
percent (51%) of the lots within the property subject to the Declaration, and
is the owner of Lots 3 and 4 of the Novastar Short Plat as defined in this
Amendment; AND
��������������� WHEREAS,
the undersigned, NOVASTAR ENTERPRISES INC., is also the Declarant as set forth
in the original Covenants, Conditions and Restrictions, as recorded under
Pierce County Recording No. 9211160194, and hereby consents to the amendments
set forth below:
��������������� NOW
THEREFORE, the undersigned, NOVASTAR ENTERPRISES INC., as authorized by Article
XVI �General Provisions,� Section 2, �Amendment,� of the Declaration does
hereby make the following amendments to the Covenants, Conditions and
Restrictions.� The following amendments
shall become and are hereby made a part of all conveyances of real property
including all lots incorporated within and being subject to the
Declaration.� The Covenants, Conditions
and Restrictions, as amended by this First Amendment, shall by reference,
become a part of any such conveyances of lots subject to the Declaration, and
shall apply to those conveyances as fully and with the same effect as if the
Covenants, Conditions and Restrictions and the First Amendment were set forth
in the conveyance of said lots individually.�
Except as may be otherwise deleted or amended herein, all provisions of
the original Declaration shall remain in full force and effect.
AMENDMENTS
��������������� The
Covenants, Conditions and Restrictions recorded under Pierce County Recording
No. 9211160194 are hereby amended as set forth below:
1. ARTICLE I.
Section
1, is hereby amended as follows:
The name of the
Homeowners Association previously identified in the Declaration as the �Crystal
Ridge Homeowners Association,� is hereby changed and shall hereafter be
referred to as the �Crystal Ridge Homeowners Association of Puyallup.�� The Articles of Incorporation with the
Secretary of State have been modified accordingly due to a conflict with
another pre-existing Homeowners Association with the same name originally
undisclosed by the Secretary of State.
2. ARTICLE I. Section 5, is hereby amended
to include fencing along the westerly boundary of �The Estates at Crystal
Ridge,� extending from the south plat boundary to the north plat boundary, as a
common maintenance area to be maintained by the Homeowners Association.
3. ARTICLE I. Section 5, is further amended
to include the 7.5-foot wide landscape planter strip with street trees
in the street right-of-way within all areas of Crystal Ridge, including those
outside of �The Estates at Crystal Ridge,� on both sides of all streets, as a common
maintenance area to be maintained by the Homeowners Association.� However, the regular watering of the planter
strips outside of �The Estates� referenced in this subsection to maintain a
green, park-like appearance shall remain the responsibility of each individual
property owner fronting on said planter strips as further set forth in the
Covenants, Conditions and Restrictions, unless and until such time as a
centralized irrigation system is installed by the Homeowners Association.
4. ARTICLE I. Section 6, is hereby amended
to add the following sentence to this section which defines a �Lot.�
�Lot� shall mean
and refer to any plot of land shown upon any recorded subdivision map of the
Properties.� Common Areas and Common
Maintenance Areas shall not be regarded as lots.� As undeveloped property within the Association is platted in the
future, each subsequently recorded building lot shall represent an independent
�lot.�� Tracts of land undeveloped but
approved for future subdivision shall be considered as one lot each
until further subdivision takes place.
5. ARTICLE I. �Section 10, is hereby amended
to delete the words �excepting therefrom Lots 3 and 4 of the Novastar
Short Plat, which are hereby exempted from this Declaration,� from said Section
10.� Lots 3 and 4 of the Novastar Short
Plat shall be included within the aggregate of properties subject to the
Covenants, Conditions and Restrictions, and subject to this Declaration.� However, Lot 2 of said Novastar Short Plat
shall be deleted from the Association and shall be exempted hereafter
from this Declaration.
The
following sentence shall also be added to this Section 10:
�The legal
description in Exhibit �A,� identified as Parcel �F,� shall be amended
to reflect the inclusion of Lots 3 and 4 of the Novastar Short Plat and
the exclusion of Lot 2 of said short plat into said description, such
that the description shall how read:
Lots 1, 3 and 4,
respectively, of the Novastar Short Plat, as recorded in records of Pierce
County under Auditor�s File No. 9203200663.
6. ARTICLE I. Section 13, is hereby amended
to add the following paragraphs to this section which defines an
�Owner.�
�Owner� shall
mean and refer to the record owner, whether one or more persons or entities, of
(1) a fee simple title to any Lot which is a part of the Properties (but
excluding those persons or entities, such as real estate contract sellers,
having record title merely as security for the performance of an obligation),
or (2) the Purchaser under a real estate contract prior to issuance of the
fulfillment deed for the contract.
For any property
within the Association to be subdivided in the future, only one �ownership�
shall apply to each separate legal parcel, to be represented as one Class �A-2�
ownership, until such time as said parcel is platted, at which time each
individual lot shall represent one ownership.�
Said lots shall each be given one Class �A-2� membership in the
Association, unless said lots are designated part of �The Estates�
through application of equivalent standards as set forth in the Declaration, in
which case each lot shall represent one Class �A-1� ownership.� However, so long as the Declarant retains
ownership of such parcels, they shall be exempt from all assessments and shall
be represented by the Declarant as Class �B� membership as set forth in Article
X, Section (3) herein.� Upon platting of
the parcels, the ownership and membership rights of the Declarant, as more
fully set forth in the Declaration, shall apply individually to each legally
platted building lot, until conveyance to a subsequent owner by Declarant.
7. ARTICLE I. There is hereby added a new
Section 15 to Article I as follows:
�Section 15. �Declaration�
shall mean and refer collectively to the Declaration of Covenants, Conditions
and Restrictions as recorded in Records of Pierce County under Auditor�s File
No. 9211160194, together with all amendments now or hereafter recorded
that modify said Declaration, including this First Amendment.�
8. ARTICLE III is hereby amended
to add a new Section 7, as outlined below:
Section 7. Declarant, during the development
period, and the Association after expiration of the development period, shall
have the sole and exclusive authority to incorporate additional property into
the Association, which property shall subsequently be fully subject to the
Declaration and all amendments thereto.�
The incorporation of additional property into the Association shall be
subject to and conditioned upon all of the following:
(a) During the development period, the Declarant, in its sole and
exclusive discretion, may elect to incorporate additional property into the
Association.� After expiration of the
development period, approval of the Declarant shall not be required, but such
incorporations shall then require approval of at least fifty-one percent (51%)
of the votes of the members of the Association.� All incorporations shall be by a duly recorded instrument in the
records of Pierce County.
(b) Any property incorporated into the Association shall be
subject to all of the Covenants, Conditions and Restrictions set forth in the
Declaration, as well as the Bylaws of the Association.� Each new lot shall become a member of the
Association upon incorporation, and shall be subject to the same rate of
assessment as similar members of the Association.� In the event such property is incorporated in the Association
unplatted, but subject to future subdivision, the property shall be considered
as one ownership with one Class �A-2� membership in the Association until such
time as a subdivision of said property is approved and recorded.� Upon recording of such subdivision, each
individual lot shall represent one ownership and, therefore, one Class �A-2�
membership in the Association.� However,
if the platted lots are considered part of �The Estates� through application of
the equivalent standards and restrictions of this Declaration associated with
�The Estates,� then each ownership shall be represented by one Class �A-1�
membership.� In the event the Declarant
is the owner of such incorporated property, the parcel shall be exempt from all
assessments and shall be represented by the Declarant as Class �B� membership
as set forth in Article X, Section (3) herein, until conveyance by Declarant to
a subsequent owner, at which time the appropriate �A� classification shall
apply.� The rights and responsibilities
given the� Declarant through this
Declaration shall continue to apply to the Declarant and the newly incorporated
property, so long as the Declarant is the owner of said incorporated property,
or any portion thereof.
(c) Any property incorporated into the Association must be
developed or planned for development into single-family residential lots with
lot sizes and characteristics equal to or greater than the average in
Crystal Ridge.� Furthermore, all public
improvements must be consistent with City of Puyallup standards and/or the
standards in Crystal Ridge, whichever is more strict.
9. ARTICLE V.
Deed
and Dedication of Easements, is hereby amended to add a new
section as follows:
Section 2.
Easements for Drainage and Utility Purposes.� Easements for installation and maintenance of utilities and
drainage facilities are hereby reserved over the front ten (10) feet of each
lot subject to this Declaration, and over a five (5)-foot wide strip along each
side of interior lot lines, and over the rear five (5) feet of each lot, as
well as on other portions of certain lots which have been made of record on the
face of the final plat map or by recording of a separate instrument.� Within these easements, no structure,
planting, or other materials shall be placed or permitted to remain which may
damage or interfere with the installation or maintenance of utilities, or which
may change the direction of flow of drainage channels in the easements, or
which may obstruct or retard the flow of water through drainage channels in the
easements.� The easement area of each
lot and all improvements in and/or on it shall be maintained continuously by
the owner of the lot, except for those improvements for which a public
authority or utilities company, or the Association, is responsible.
10. ARTICLE VI.� Section
1, is hereby amended to add a new subsection (d) as
set forth below:
(d) Notwithstanding anything in this Declaration to the contrary, except
for the Declarant, and except as further set forth in this subsection
(d), access and use of that part of open space Tract �A� as shown on the face
of the final recorded plat map for The Estates at Crystal Ridge, per Pierce
County Recording No. 9301291053, lying easterly of a line representing a
10-foot setback from the top of the embankment defined as the beginning of the
40 percent slope gradient, shall be strictly prohibited for all owners, (except
adjacent lot owners), and anyone else not specifically approved by the
Declarant during the development period, or the Association after expiration of
the development period.� Authorized
representatives of the Association shall be allowed access for the purpose of
pruning vegetation and trees that may block views for lots in �The Estates,� or
maintaining the slopes within said open space tract, or for related maintenance
purposes.� The purpose for this
limitation is to prohibit any use of this area defined by the 10-foot slope
setback line by members of the Association, (except adjacent lot owners),
due to the steep embankment.
Nothing
in this section shall prohibit members of the Association owning lots
immediately adjacent to said open space tract �(adjacent lot owners)� from
having access to said open space tract for purposes of pruning vegetation for
the protection of view, or from otherwise enjoying the adjacent area along the
top of the bluff in association with their lot ownership.� These members may also landscape that
portion of said open space tract immediately adjacent to their respective lots,
lying westerly of the top of the slope, subject to approval by the
Committee.� However, each member of
these adjacent lots shall indemnify and hold both the Declarant and the
Association, together with all members thereof, harmless from any and all
liability that may be directly or indirectly related to the use, actions, or
intrusions onto any part of said open space tract by these adjacent lot owners
for any purpose whatsoever.� This
indemnification shall extend to, and include, each adjacent lot owner member,
their relatives, heirs, successors, assigns, and friends or acquaintances
including any contractors or subcontractors working on or providing services
for any of said lots at the direction of or with the approval of said owners.
11. ARTICLE VI.� Section
3, is hereby amended to incorporate the following additional
language:
Furthermore,
nothing in this section shall limit or prohibit the Declarant, during the
development period, from making use of the common areas to facilitate
construction of the undeveloped phases of Crystal Ridge which will include 115
additional lots as set forth on the approved construction plans in the City of
Puyallup and as further depicted on the approved master plan for Crystal
Ridge.� These actions by the Declarant
could include, but may not be limited to, clearing, grading, filling, or
otherwise carrying out construction related activities in the common areas.
12. ARTICLE VI.� Section
4, is hereby amended to add the following additional
statement at the end:
The Declarant,
during the development period, and the Association, following expiration of the
development period, shall be exempt from this section.
13. ARTICLE VII.� Section
4, is hereby deleted in its entirety and replaced with the
following paragraph:
�It shall be the
responsibility of the Association to maintain the 7.5-foot wide landscape
planter strips in the right-of-way on each side of each street within Crystal
Ridge, the monument planter landscaping and signage improvements in all areas
of Crystal Ridge.� However, it shall be
the responsibility of each owner outside of the Estates to properly
water said 7.5-foot wide landscape planter strips in the right-of-way fronting
on each owner�s lot to maintain a green and park-like appearance.�
14. ARTICLE VIII.�
Section 4 (a), is hereby amended as follows:
(a) The reference to January 1 in the last sentence of the first
paragraph and the second sentence in the second paragraph of this subsection
shall be changed to January 31 for both references.
15. ARTICLE VIII.�
Section 12.� There is
hereby added a new Section 12 to Article VIII as follows:
Section 12.� Allocation of Voting Rights to Specific
Divisions in Crystal Ridge.�
Notwithstanding anything in this section to the contrary, any increases
in the maximum annual assessment for The Estates, as well as any subsequent
special assessments for capital improvements affecting only The Estates, shall
be voted on only by owners in The Estates, with the quorum and voting
percentage requirements in this article being based solely on the eighty (80)
owners in The Estates.� In the event of
any approval of a special assessment or increase in the annual rate of
assessment for The Estates, such assessments shall be fixed at a uniform gate
for all owners in The Estates pursuant to Section 6 in this Declaration.
Any increases in
the annual assessment for all remaining lots in Crystal Ridge exclusive
of The Estates, together with any special annual assessments for capital
improvements that may be applicable only to such owners, or to the
entire membership of the Association, shall be subject to approval by a vote of
the entire membership of all owners in the Association, including owners
in The Estates, pursuant to the quorum and approval percentages set forth in
this Article VII.
In the event
such capital improvements requiring a special assessment are for the benefit of
all owners in Crystal Ridge, including The Estates, then this assessment shall
be applied uniformly to all owners in Crystal Ridge pursuant to Section 6
herein.� However, in the event such
capital improvement benefits only the owners exclusive of The Estates, then
such assessment shall be uniformly applied to all owners in the� Association exclusive of The Estates, but
the approval of such assessment shall still be subject to a vote of the entire
Association, including The Estates, pursuant to Section 4(b) of Article VIII.
16. ARTICLE IX.� Maintenance of Lots, Sections 1
through 4, inclusive, are hereby deleted in their entirety, and replaced
with the following new sections:
ARTICLE IX.� MAINTENANCE OF LOTS AND COMPLIANCE WITH THIS
DECLARATION
Section 1.� Exterior Maintenance by Owner.� Each Lot and Residence shall be maintained
by the owner in a neat, clean and sightly condition at all times and shall be
kept free of accumulations of litter, junk, containers, equipment, toys,
household goods, tools, building materials, and other debris.� All landscaping areas shall be regularly
maintained and trimmed to present a clean, neat, and well-maintained
appearance.� All refuse shall be kept in
sanitary containers sealed from the view of any Lot; the containers shall
regularly be emptied and the contents disposed of off the Properties.� No grass cuttings, leaves, limbs, branches,
and other debris from vegetation shall be dumped or allowed to accumulate on
any part of the Properties, except that a regularly tended compost device shall
not be prohibited.� No storage of goods,
vehicles, boats, trailers, trucks, campers, recreational vehicles, or other
equipment or device shall be permitted in open view from any Lot or right-of-way.
(Vehicles, boats, trailers, trucks, campers, and recreational vehicles shall be
referred to as �Vehicles.�)� This
provision shall exclude temporary (less than 24 hours) parking of Vehicles on
the designated driveway areas adjacent to garages on the Lots.� This paragraph is not meant to disallow
permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but
if stored, Vehicles shall be adequately screened from view from the adjacent
rights-of-way and Lots.� Screening of
such Vehicles must have the approval of the Committee.� Upon 48 hours notice to the owner of an
improperly parked Vehicle, the Board has the authority to have towed, at the
owner�s expense, any Vehicles still visible from the right-of-way or adjacent
Residences that have been parked on any Lot or within the right-of-way for more
than 24 hours.
Notwithstanding
the foregoing, owners who have visiting guests intending to stay in such a
Vehicle may secure written permission from the Board for such guests to park
the Vehicle upon the Lot owned by the owner for a maximum period of one (1)
week.� Such a privilege shall only
exist, however, after the written permission has been obtained from the Board.
Section 2.� Easements for Enforcement Purposes.� All owners hereby grant to the Association
and their representative, an express easement for the purposes of going upon
the Lots of owners for the purpose of removing Vehicles or other similar
objects which are parked or stored in violation of the terms of this
Declaration, or to perform any other maintenance or repair deemed necessary by
the Board pursuant to this Article IX, or any other section in the Declaration.
Section 3.� Lot Maintenance by the Association.� In the event that an owner shall fail to
maintain his lot and the exterior of his improvements situated thereon in a
manner consistent with maintenance standards of the Crystal Ridge community,
the Board shall, upon receipt of written complaint of any owner and the
subsequent investigation which verifies that complaint, or upon
independent investigation by the Board itself, have the right through its
agents and employees to enter upon the offending owner�s Lot and repair,
maintain and restore the Lot and exterior of the improvements on that Lot if
the owner shall fail to respond in a manner satisfactory to the Board within
thirty (30) days after mailing of adequate notice by certified mail to the last
known address of the owner.� The cost of
such repair, maintenance or restoration shall be assessed against the Lot, and
the Board shall have the right to cause to be recorded a notice of lien for
labor and materials furnished, which lien may be enforced in the manner
provided by law for enforcement of labor liens and materialman�s liens.� In the event that the estimated cost of such
repair should exceed one-half of one percent (0.50%) of the County Tax Assessor
assessed value of the Lot and improvements on the Lot, the Board shall be
required to have the assent of two-thirds (2/3) of the Members before
undertaking such repairs.
Section 4.� Enforcement for Noncompliance With This
Declaration.� In the event that an
owner shall fail to comply with any section or provision of the Declaration,
and any Amendments thereto, the Board may undertake to enforce compliance
through the provisions of Section 3 herein, as well as Article XVI, Section 4
of the Declaration, or any other authority granted to the Board through this
Declaration.� If such noncompliance
occurs prior to occupancy of any structure on said owner�s lot, the Board shall
also have the right to place a �stop work� order on said construction which may
also be enforced by the local building official at the request of the
Board.� Any owner subject to such
noncompliance does hereby agree not to oppose such stop work order, with the
understanding that construction may not commence until compliance with the
provisions of this Declaration is assured.
Section 5.� Enforcement During the Development Period.� During the development period, the Declarant
may elect to exercise and perform the functions of the Board.� If the Declarant elects not to perform this
function or at any time elects to no longer perform this function, the Declarant
may appoint the Temporary Board to function as provided herein.
17. ARTICLE X.� Section
3.� Voting Rights, is hereby amended
to delete the first paragraph in its entirety, defining Class �A� membership,
and replace it with the following paragraph:
�Class �A�:� Class �A� members shall be all owners, with
the exceptions of (i) the Declarant while the Declarant is a Class �B� member,
and (ii) the owners of lots described as exempt in the Declaration.� Class �A� members shall further be divided
into two subclassifications to be known as Class �A- 1� members and Class �A-2�
members.� Class �A- 1� members shall be
all owners in The Estates.� Class �A-2�
members shall be all Class �A� members owning lots outside of The Estates.� Class �A- 1� members shall be entitled to
two (2) votes for each lot owned.� Class
�A-2� members shall be entitled to one (1) vote for each lot owned.� When more than one person owns an interest
in the lot, all such persons shall be members.�
The vote for such lots shall be exercised as they by majority determine,
but in no event shall more votes be cast with respect to any such lot than as allowed
by its classification as an �A-1� or �A-2� lot, nor shall any vote be
divided.� When more than one person
holds an interest in any lot, all such persons shall unanimously designate (in
writing delivered to the Secretary of the Association) one of the persons
(owning an interest in the lot) to vote (in person or by proxy) the vote or
votes for such lot.�
18. ARTICLE XI.� Section
1.� �Expiration of the
Development Period, is hereby amended to require that owners
in The Estates and the remaining owners in Crystal Ridge shall have equal
representation on the Board.� To
accomplish this, The Estates shall elect one director to the Board, the owners
of lots outside of The Estates shall elect one director to the Board, and the
third director of the Board shall be elected by a vote of all of the members
of the Association.� Any increase in
the membership of the Board shall always be by an equal number of directors
such that one new director shall be elected by owners in The Estates, and one
director by the owners of lots outside of The Estates.� The third director or subsequent �odd
numbered� director shall always be elected by at least a two-thirds (2/3)
majority of the votes of the members of the Association pursuant to the voting
power granted to said owners in Article X, Section 3.
19. ARTICLE XII.� Section
1, is hereby amended as follows:
(a) The minimum required area for a rambler constructed in Crystal Ridge
outside of �The Estates� shall be 1,300 square feet.
(b) The minimum required area for a two-story dwelling constructed
in Crystal Ridge outside of �The Estates� shall be 1,600 square feet.
(c) Qualifying Notes 1, 2, and 4, respectively, shall be modified to
make reference to �unfinished� basements which cannot be used as part of area
calculations for meeting the minimum dwelling sizes.
(d) A new qualifying Note 5 is added as follows:� �Finished daylight basements may be included
either partially or wholly towards the computation of required area on sloping
lots, subject to approval by the Committee.�
20. ARTICLE XII.� Section
4, is hereby deleted in its entirety and replaced with the
following section:
Section 4.� Fences, walls or hedge rows are only
permitted on side and rear property lines.�
However, no such fences, walls or hedge rows shall be allowed on any
side or rear property line closer to the street right-of-way line than the
adjacent residential structure.� For
corner lots, this applies to both street frontage measurements.� Fences, walls and hedge rows are not
permitted on front property lines, or on side street property lines for corner
lots, except as may be otherwise approved by the Declarant as part of the
subdivision improvements.� All fences
installed on any lot shall be 6-foot solid cedar fencing of a type and quality
approved by the Committee.� No barbed
wire, chain-link, or corrugated fiberglass fences shall be erected on any lot,
except that chain-link fencing for sports facility enclosures may be considered
for approval by the Committee upon individual request.� All fences must be approved by the Committee
prior to installation.� The Committee
will make available a standard detail for fence construction for various
sections of Crystal Ridge which must then be used by all lot owners, unless a
specific variance from this standard is approved by the Committee in
writing.� The Committee shall also
approve the colors for fence installations.�
Any fencing installed in the plat on any lot which does not meet the standards
set forth by the Committee, shall be removed at the owners expense upon demand
by the Committee.
21. ARTICLE XII.� Section
8.� Signs, is hereby amended
as follows:
1. Subsection (a) shall be amended
to add the following sentence:
Builders/contractors
are allowed one (1) sign no larger than 12 square feet of area per face
to be placed on a lot to offer a lot or house for sale.� However, any signs larger than 4 square feet
per face shall be subject to approval by the Declarant during the development
period and the Association after expiration of the development period.
2. Subsection (d)(i) shall be
amended to add the following sentence:
The Declarant
has the authority to approve larger signs by builders/contractors for
the purpose of general advertising not specifically related to an individual
lot or residence.� This approval shall
extend to the content, size, colors, and location of such signs.� In all cases, approval of such special
signage shall be at the sole and exclusive discretion of the Declarant.
22. ARTICLE XII.� Section
12, Landscaping Standards, is hereby amended as follows:
1. The Association shall be responsible for maintaining all
landscape planter strips within Crystal Ridge and the properties as defined
in Article I, Section 3.� If the planter
strips are irrigated, as provided for in �The Estates,� the Association shall
also maintain these irrigation improvements and shall be responsible for
property watering the landscape planter strips.� The assessments for lots in The Estates have been increased
accordingly to cover this additional cost.�
For all other areas in Crystal Ridge, it shall remain the responsibility
of each individual owner to properly water each adjacent landscape planter
strip fronting on their respective lot to maintain a green and park-like
appearance.� Actual maintenance of the
planter strip and the street trees, including mowing, fertilizing, edging and
related landscape maintenance shall be performed by the Association.� In the event an owner fails to properly
water the adjacent landscape strip and street trees fronting on their lot, the
Association may undertake to provide watering from an independent service with
the cost to be the responsibility of the respective owner who failed to provide
for adequate watering, which shall then be considered an assessment subject to
the provisions of Article VIII, Section 8.
2. Notwithstanding the other provisions set forth in this Section
XII, Lots 12 through 34, inclusive, Lots 58 through 68, inclusive, and Lots 70
through 76, inclusive, all of The Estates, shall be required to incorporate
vegetation covering a minimum of 80 percent of the total yard area to be
landscaped, exclusive of decks, patios, driveways, and walkways.� Furthermore, emphasis shall be placed on
incorporating a variety of vegetation within the landscaping plan in addition
to the minimum 50 percent grass sod within the front yard area.� The Committee, during architectural review
of the landscaping plan for each lot, shall have the sole and exclusive
authority to determine whether the proposed landscaping meets the standards set
forth herein, and to grant any waivers or modifications to these standards.
3. The installation of landscaping improvements required of each
owner within the street right-of-way adjacent to each owner�s lot pursuant to
the provisions of this Section 12 must be coordinated with the Declarant during
the development period and the Association following expiration of the
development period.� For all lots within
The Estates, at such time as an owner is ready to install the landscape planter
improvements within the street right-of-way, a minimum of 14 days notice
must be given by each owner to Declarant during the development period or the
Association upon expiration of the development period.� This notice is required so that the
Association can organize the installation of the irrigation system improvements
as required through this Declaration within said planter strips.� For all lots outside of The Estates, this
notice shall not be required unless or until such time as the Association takes
the necessary action to provide for an irrigation system outside of The
Estates.
All
street trees must be purchased from a location designated by the Declarant or
the Association.� The size of all street
trees must be in conformance with the approved street tree planning plan on
file in the City of Puyallup for Crystal Ridge, with possible adjustments for
the size of nearby trees that might have been previously planted in the planter
strips, in which case a larger diameter tree may be specified by the Declarant
or the Association for continuity in the planter strips.� Also, the grass sod must be purchased from a
location selected by Declarant or the Association, unless otherwise approved by
the Declarant or the Association.�
Hydroseeding or hand seeding of planter strips will not be allowed.� Each owner is also responsible for
installing a 4-inch round PVC irrigation sleeve under the driveway apron 18
inches deep and 12 inches behind the back of curb.� This is required for all lot owners to accommodate planned or
future irrigation system improvements.
4. All other provisions of Section
12 shall remain unchanged.
23. ARTICLE XII.� Section 13, is hereby deleted
in its entirety and replaced with the following new Section 13:
Section 13.� Chimney Construction Limitations.� No metal flues or metal chimneys will be
allowed��������������� on any
residences or other buildings constructed on any lot within the plat of
Crystal Ridge unless enclosed within a chase constructed with wood, masonry, or
other suitable materials that may be approved by the Committee.
24. ARTICLE XII.� Section 15.� Maximum Structure Height Limitation/View Preservation, is
hereby amended as follows:
1. In paragraph 2, the reference elevation previously identified
as 392.04 is hereby changed to 449.33.�
The location of this new reference elevation is at the center of
the cul-de-sac known as 41st Place S.E. which fronts on Lots 69 through 78,
respectively.� The previous reference to
the intersection of Crystal Ridge Drive S.E. and Crystal Lane Loop S.E. is
hereby eliminated.
2. The View Protection table of maximum ridge height elevations
is hereby amended as follows:
The new elevation for Lot 24
shall be 440 versus 438.
The new elevation for Lot 28
shall be 410 versus 408.
New Lot 29 is added to the list
with a maximum ridge height elevation of 400.
New Lot 30 is added with a
maximum ridge height of 395.
New Lot 31 is added with a
maximum ridge height of 395.
3.
This Section 15 is also amended
to clarify that the maximum ridge height elevation for any lot shall exclude
chimneys from the restrictions in this Section 15.
4. All other provisions of this
Section 15 shall remain unchanged.
25. ARTICLE XII.� Section
16, is hereby amended as follows:
1. In the fifth sentence of this section, replace the
words �above six (6) feet high and� with the words �to a height which.�
2. The following sentence shall be added to the end of
this section:� �The decision of the
Committee shall be final in all disputes.�
26. ARTICLE XIII.�
Section 1.� Building
Materials, is hereby amended as follows:
1. Paragraph 2 is amended to require architectural grade
composition shingle roofing, except in �The Estates� and �Janelle Estates,�
with the specifications and color of such composition style roofing to be
approved by the Committee and to be consistent throughout all areas of Crystal
Ridge exclusive of �The Estates� and �Janelle Estates.�� In �Janelle Estates,� architectural grade
composition style roofing may be allowed by the Committee upon individual
request, at the Committee�s sole discretion.�
In �The Estates, composition style roofing is still not allowed.
2. The color of all tile
roof installations must be approved by the Committee prior to installation.
3. For T-111 siding installed on houses outside of �The Estates,� the
requirement for consistency with the direction of the grooves with the
lap siding is eliminated.
4. Decorative type materials simulating masonry may be allowed
by the Committee in all areas of Crystal Ridge, excluding �The Estates,� unless
otherwise approved by the Committee upon individual request.
5. The use of woodruff type roofing in �The Estates will
require approval by the Committee, which will be subject to the Committee�s
sole discretion.� Furthermore, for all
lots in Crystal Ridge where architectural grade composition-style roofing is
allowed as further set forth in this section, special approval of the Committee
will be required for the use of any roofing material other than an
architectural grade composition style roof of a type and color specifically
approved by the Committee.
6. All other provisions of this section shall remain unchanged.
27. ARTICLE XIII.�
Section 3.� Plan
Check/Construction Cleanup Fees, is hereby amended as follows:
The
first paragraph shall be amended to include the following
sentence:
The $450 fee
shall be due prior to the owner beginning any clearing, grading, or
other construction on any lot in Crystal Ridge.
28. ARTICLE XIII.�
Section 4, is hereby deleted in its entirety and, replaced
with the following:
Section 4.� Maintenance of Planter Areas.� It shall be the responsibility of the
Association to maintain all of the 7.5-foot wide landscape planter strips
within the right-of-way on each side of every street within the properties, as
well as the entry planter landscaping and signage improvements in all areas of
the properties, as further defined in Article I, Section 5 �Common Maintenance
Areas.�� However, it shall remain the
responsibility of each individual property owner outside of �The Estates,� to
properly water these adjacent landscape planter areas in front of their
respective lots to maintain a green and park-like appearance until such time as
these landscape strips may be irrigated in the future at the discretion of the
Association, if ever.� All irrigation
systems within said planter areas, such as within �The Estates,� shall be
maintained by the Association upon their installation.
29. ARTICLE XV.� Section 14.� Variations, is hereby deleted in its entirety and replaced
with the following paragraph:
Section 14.� Variations/Final Authority of the
Committee.� The Committee, and the
Declarant acting as the Committee, shall have the sole and exclusive authority
to approve plans and specifications which do not conform to these restrictions
in order to (1) overcome practical difficulties, or (2) prevent undue hardship
from being imposed on an owner as a result of applying these restrictions, or
(3) allow alternative construction upon specific request by an owner.� However, such variations will only be
approved in the event that the variation, in the sole and exclusive
discretion of the Committee, or the Declarant acting as the Committee, will
not (1) detrimentally impact the overall appearance of the development, (2)
impair the attractive development of the subdivision, or (3) adversely affect
the character of nearby lots to a significant degree.� Granting such a variation shall not constitute a waiver of the
restrictions or requirements articulated in this Declaration.
For purposes of
approval of architectural design requirements, structure placement, analysis of
view restrictions and all other aspects of review authority granted to the
Committee and the Declarant through this Declaration, the decision of the
Committee and the Declarant shall be final.�
The Committee shall have the sole and exclusive authority to deny
approval for any construction in Crystal Ridge, so long as it is the decision
of the Committee that such construction will be detrimental to the community of
Crystal Ridge and/or the lots immediately adjacent thereto.� This shall include the right to deny
proposed construction which meets the basic minimum requirements of the
Declaration, but is substantially out of character or design with the theme of
Crystal Ridge and/or the majority of construction already approved within the
development, or the construction already approved on adjacent or nearby lots.
30. ARTICLE XV.� Section 15.� Enforcement.� This
section is hereby amended to add the following paragraphs:
Enforcement by
the Association may also include placement of a �stop work� order on any
construction that does not comply with the provisions of this Declaration,
including, but not limited to, construction that is started by any owner
without first complying with the provisions of this Article XV for
architectural review.� This action may
be taken by the Association as deemed necessary in accordance with the
provisions of Article IX, Section 4 herein.
The authority to
take action under the provisions of this section shall further extend to
failure of any owner to pay the required review fees and submit the necessary
plans and specifications required by the provisions of this section to the
Association, prior to commencing with any work on said owner�s lot.
31. ARTICLE XV.� Section
16.� Committee/Declarant
Liability, is hereby amended as follows:
The
first sentence is hereby deleted from this section and replaced
with the following sentence:
The Association,
and all owners, shall hold the Committee members and the Declarant, if acting
as the Committee, harmless from any actions taken (or actions not taken) under
any section of this Declaration, including, but not limited to, actions taken
(or not taken) under Articles XII, XIII, and XV of this Declaration.�
32. ARTICLE XVI.� Section 2.� Amendment, is hereby deleted in its entirely and replaced
with the following section:
�The Covenants,
Conditions and Restrictions articulated in this Declaration shall run with the
land and bind the land for a term of thirty (30) years from the date that this
Declaration is recorded.� After thirty
(30) years have expired, the Covenants, Conditions and Restrictions shall be
automatically extended in accordance with the provisions set forth in Section 1
of this article.� So long as the
Declarant is either a Class �A� or �B� member of the Association, this
Declaration may be amended only if (a) the Declarant gives the Declarant�s
express written approval of the Amendment in writing, and (b) the owners of at
least fifty-one percent (51%) of the lots, as expressed through the voting
power granted to said owners pursuant to Article X, Section 3 herein, including
those owned by Declarant, sign an instrument (which may be executed in
counterparts) approving the Amendment.�
At such time as the Declarant is no longer a Class �A� or Class �B�
voting member of the Association, this Declaration may only be amended if the
owners of at least seventy-five percent (75%.) of the lots, pursuant to the
voting power granted to said owners pursuant to the terms of Article X, Section
3 herein, vote to amend particular provisions of this Declaration as then in
effect (including any prior amendments).�
In no event shall any provisions expressly referring to the Declarant be
amended at any time without the express written approval of the Declarant or
the Declarant�s successor in interest (unless the Declarant, or Declarant�s
successor in interest, no longer exist).�
All Amendments must be filed with the office of the Pierce County
Auditor.�
33. ARTICLE XVI. Section 8. Waiver
of Opposition to Continued Development of Crystal Ridge, is hereby amended
as follows:
The following
sentence is hereby added to this section:
This section
shall also apply to the development of any property incorporated into the
Crystal Ridge Homeowners Association as provided for in Article III, Section 7,
articulated in this Amendment.
AMENDMENTS TO RUN WITH THE
LAND
The foregoing amendments to the
Declaration contained in this First Amendment shall (1) for all purposes be and
are hereby made fully a part of the original Covenants, Conditions and
Restrictions for the Crystal Ridge Homeowners Association of Puyallup, as
recorded under Pierce County Recording No. 9211160194, and (2) shall run with
the land described in said Declaration, as amended, including, but not limited
to, all of the lots within the properties now or hereafter subject to the
Covenants, Conditions and Restrictions within the community of Crystal Ridge,
and shall be binding on all parties who shall be or shall become the owner of
any of said lots.� The provisions of the
Declaration, as amended by this First Amendment, are for the benefit of the
current and future owners of all lots within said properties.� The Declaration as amended by this First
Amendment, is intended and designed for the purpose of keeping said lots
desirable, uniform, and suitable in architectural design and use.� All property described on the Exhibits �A�
and �B� to the Declaration, and as further amended herein, shall be held, sold,
and conveyed subject to the Declaration of Covenants, Conditions and
Restrictions as recorded under Pierce County Recording No. 9211160194, as
amended by this First Amendment.
IN WITNESS WHEREOF, we the
undersigned, the Declarant set forth in the Declaration, being also the owner
of more than 51 percent of the lots subject to the Declaration, and being the
owner of Lots 3 and 4 of the Novastar Short Plat, do hereby approve of this
Amendment and set our hand and seal this 28th day of June, 1993.
NOVASTAR ENTERPRISES INC.
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