exhibit 锟絙锟?/a> collectively, and such additions
to that property which may hereinafter be brought within the jurisdiction of the
association.锟?said 锟絧roperties锟?may also
be collectively referred to as 锟絚rystal ridge.锟?/p>
section 4.锟?
锟絚ommon areas锟?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.锟?the common areas to be owned by the association are described as
follows:
(a)
all 锟給pen
space锟?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
锟絥on-buildable锟?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.锟?
[amended]
锟絚ommon maintenance areas锟?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.锟?
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 锟絫he estates at
crystal ridge锟?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.锟?
[amended]
锟絣ot锟?shall mean and refer to any plot of land shown upon any recorded
subdivision map of the properties.锟?
common areas and common maintenance areas shall not be regarded as lots.
section 7.锟?
锟絛eclarant锟?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.锟絪 sole
and exclusive discretion.
section 8.锟?
锟絘rchitectural control committee锟?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 锟絚ommittee.锟?/p>
section 9.锟?
锟絛evelopment period锟?shall mean and refer to that period of time as
defined in article iii of this declaration.
section 10.锟?
[amended] 锟絧lat锟?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.锟?
(all of said properties are legally described on exhibit
锟絙锟?/a> attached hereto).
section 11.锟?
锟絩esidence锟?shall mean and refer to buildings occupying any lot.
section 12.锟?
锟絫he estates at crystal ridge锟?hereinafter referred to as 锟絫he estates锟?
shall mean and refer to that certain division of crystal ridge more
particularly described by the legal description on the attached section 13.锟?
[amended]
锟給wner锟?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.锟?
锟絚rystal ridge锟?shall mean and refer collectively to the 锟絧roperties锟?
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 锟絧rior restrictions锟?, 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.锟?management
by declarant.锟?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锟絪 authority under this article iii by written notice to all owners,
whichever date first occurs.锟?
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.锟?notice
to owners.锟?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.锟?
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.锟?
the notice shall specify that the purpose of the association meeting is
to elect new officers and directors of the association.锟?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.锟?the
board of directors and officers of the association may be elected by a majority
vote in said quorum.锟?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.锟?
declarant may in declarant锟絪 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.锟?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.锟?provided that, after selecting a temporary
board, the declarant, in the exercise of the declarant锟絪 sole discretion, may at any time terminate the temporary board and
reassume the declarant锟絪 management authority
under article iii or select a new temporary board under this section of
article iii.锟?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.锟?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).锟?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.锟?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.锟?
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.锟?acceptance of an interest in a lot evidences
acceptance of this management authority in declarant.
section 6.锟?
declarant shall have the management authority granted by this article
iii notwithstanding anything in this declaration to the contrary.锟?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锟絪 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锟絪 sole
discretion.
[amended]
deed and dedication of common areas
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section 1.锟?
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.锟?
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.锟?the
declarant锟絪 and association锟絪 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.锟?owners锟?
easements of enjoyment.锟?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锟絪 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.锟?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锟絪 sole discretion.锟?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.锟?
insurance.锟?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.锟?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.锟?
[amended] alteration
of common areas and common maintenance areas.锟?nothing shall be altered, or constructed in, or removed from any
common maintenance areas except upon prior written consent of the
committee.锟?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.锟?
also, any such improvements would be subject to the acquisition of all
required permits from governmental agencies.锟?
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锟絪 sole discretion, deems for the
benefit and enhancement of said areas and the association in general.
section 4.锟?
[amended] dumping
in common areas, common maintenance areas, or native growth protection
easements.锟?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.锟?landscaping
and fencing.锟?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.锟?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.锟?
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.锟?maintenance
of common areas.锟?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.锟?this maintenance responsibility shall
commence as soon as each respective improvement by declarant has been completed
during the development period.锟?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.锟?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.锟?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.锟?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.锟?responsibility
for maintaining common maintenance areas.锟?
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.锟?common maintenance areas have been set aside
for landscaping and community identification purposes.
section 3.锟?repair
of common areas and common maintenance areas.锟?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.锟?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.锟?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.锟?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锟絪 lot.
section 4.锟?
[amended] maintenance
of planter areas.锟?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.锟?management.锟?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.锟?any management agreement or
employment agreement for the maintenance or management shall be terminable by
the association without cause upon 90 days锟?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.锟?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.锟?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.锟?
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.锟?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.锟?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.锟?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锟絪 successors in ownership of the lot unless expressly assumed by the
successor(s).锟?the association shall
record such liens in the office of the pierce county auditor.
section 2.锟?purpose
of assessments.锟?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.锟?annual
assessment.锟?until january 1993, the
annual assessment for lots in the estates shall be $360 per lot.锟?the annual assessment for all remaining lots
in crystal ridge shall be $240 per lot.锟?
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.锟?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.锟?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.锟?all increases during the development period must directly reflect
increases in the above recited costs.锟?
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锟?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 锟絫he estates at crystal ridge锟?/u>.锟?for all lots within 锟絫he estates at crystal
ridge,锟?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.锟?
this special assessment shall be levied for a period of two years beginning
in 1993, and terminating in 1994.锟?each
annual assessment shall be $450.锟?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.锟?the declarant shall be exempt from this annual special
assessment.锟?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.锟?
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.锟?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.锟?
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.锟?
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.锟?
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.锟?
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.锟?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.锟?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.锟?notice
and ouorum for any action authorized under sections 3 and 4.锟?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.锟?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.锟?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.锟?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.锟?uniform
rate of assessment.锟?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.锟?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.锟?date
of commencement of annual assessment: due dates.锟?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.锟?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.锟?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.锟?
after the development period expires, the board of directors shall fix
the annual assessment.锟?written notice
of the annual assessment shall be sent to every owner subject to such
assessments.锟?the due date shall be
established by the board of directors.锟?
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.锟?
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.锟?effect
of non-payment of assessments, remedies of the association.锟?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.锟?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.锟?such owner hereby
expressly grants to the declarant or to the association, as applicable, the
power of sale in connection with such liens.锟?
the liens provided for in this section shall be in favor of the
association and shall be for the benefit of the association.锟?the association shall have the power to bid
in an interest at foreclosure sale and to acquire, hold, lease, mortgage and
convey the same.锟?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).锟?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.锟?subordination
of the lien to mortgage.锟?the lien
for assessments, provided for in this article, shall be subordinate to the lien
of any first mortgage or first deed of trust (锟絝irst mortgage锟?.锟?sale or transfer of any lot shall not affect
the assessment lien.锟?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.锟?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.锟?exempt
property.锟?all property dedicated to
and accepted by local public authority shall be exempt from the assessments
provided for in this article.锟?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.锟?this section shall apply notwithstanding any
other provision to the contrary in this declaration.
section 11.锟?management
by declarant during the development period.锟?declarant, at its option, shall have and may exercise all of the
rights and powers herein given to the association.锟?such rights and powers are reserved by the declarant, its
successors and assigns as provided in article iii.锟?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.锟?exterior
maintenance by owner. 锟?/span>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.锟?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.锟?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.锟?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.锟?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.锟?(vehicles, boats, trailers, trucks, campers,
and recreational vehicles shall be referred to as 锟絭ehicles.锟?锟?this provision shall exclude temporary (less
than 24 hours) parking of vehicles on the designated driveway areas adjacent to
garages on the lots.锟?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.锟?
screening of such vehicles must have the approval of the committee.锟?upon 48 hours notice to the owner of an
improperly parked vehicle, the board has the authority to have towed, at the
owner锟絪 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.锟?
such a privilege shall only exist, however, after the written permission
has been obtained from the board.
section 2.锟?easements
for enforcement purposes.锟?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.锟?lot
maintenance by the association.锟?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锟絪 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.锟?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锟絪 liens.锟?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.锟?enforcement
during the development period.锟?
during the development period, the declarant may elect to exercise and
perform the functions of the board.锟?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.锟?non-profit
corporation.锟?the association shall
be a non-profit corporation under the laws of the state of washington.
section 2.锟?membership.锟?every person or entity (including declarant)
who is an owner of any lot shall become a member of the association.锟?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锟絪 interest in said lot and then only to the transferee of
either the title to the lot or the vendee锟絪 interest in the lot.锟?all owners shall have the rights and duties
specified in this declaration, the articles and the bylaws of the association.
section 3.锟斤拷[amended]
voting
rights.锟?the association shall have
two (2) classes of voting membership:
class
a:锟?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.锟?class a members shall be entitled to one (1)
vote for each lot owned.锟?when more than
one (1) person holds an interest in any lot, all such persons shall be
members.锟?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.锟?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:锟?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.锟?the class b
membership shall cease and be converted to class a membership on january 1,
1999.锟?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.锟?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.锟?meetings.锟?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.锟?
[amended] expiration
of the development period.锟?upon
expiration of the declarant锟絪 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.锟?
the association, by amendment of the bylaws, may increase the number of
directors.锟?all board positions shall be
open for election at the first annual meeting after termination of the
development period under article iii.
section 2.锟?terms.锟?the terms which the board members will serve
are defined in the bylaws.
section 3. powers of the board.锟?all powers of the board must be exercised in
accord with the specifications which are set forth in the bylaws.锟?the board, for the benefit of all the
properties and the lot owners, shall enforce the provisions of this declaration
and the bylaws.锟?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.锟?obtain policies of insurance for common
areas and common maintenance areas.
(b)
legal
and accounting services.锟?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.锟?pay from association funds, all costs of
maintaining the common areas and common maintenance areas.
(d)
maintenance
of lots.锟?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.锟?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.锟?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.锟?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.锟?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.锟?pay all utility charges attributable to
common areas and common maintenance areas.
(g) security.锟?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.锟?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.锟?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).锟?this approval is not required
for the special assessment set forth in section
4(a).
(j) right
of entry.锟?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.锟?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.锟?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锟絪 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).锟?if the
repairs or maintenance activities were necessitated by the owner锟絪 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.锟?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.锟?adopt and publish any
rules and regulations governing the members and their guests and establish
penalties for any infraction thereof.
(l)
declaration
of vacancies.锟?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.锟?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.锟?pay for all
goods and services required for the proper functioning of the common areas and
common maintenance areas.
(o)
impose
assessments.锟?impose annual and
special assessments.
(p)
bank
account.锟?open a bank account on
behalf of the association and designate the signatories required.
(q)
exercise
of powers, duties and authority.锟?
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.锟?the board shall have all powers and
authority permitted to it under this declaration and the bylaws.锟?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.锟?
this article xi is subject to the provisions of article
iii.
land use restrictions
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section 1. 锟?font color="#ff0000">[amended]
all lots within crystal ridge shall be used solely for private
single-family residential purposes.锟?
private single-family residences shall consist of no less than one (1)
lot, and no lot shall ever be further subdivided.锟?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.锟?each
residence must have a private enclosed car shelter for not less than two (2)
cars.锟?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.锟?separate dwelling size limitations shall be applicable to the
estates.锟?every dwelling constructed on
a lot in crystal ridge shall meet or exceed the minimum area limitations set
forth below:
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the estates
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all other lots
in crystal ridge
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rambler style residence
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1,800 square feet
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1,350 square feet
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multi-story residence
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2,200 square feet
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1,700 square feet
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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.锟?no
lot shall be used in a fashion which unreasonably interferes with any other
owner锟絪 right to use and enjoy the other owner锟絪 lots.锟?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.锟?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.锟?
no untidy or unsightly condition shall be maintained on any
property.锟?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 (锟絫emporary trailers锟? to
be placed upon owner锟絪 lots to facilitate the sale of the lots and the
construction of residences (and residence-associated improvements) upon the
lots.锟?all such temporary trailers shall
be placed only upon either (a) a lot being sold by the lot锟絪 owner, or (b) the
lot upon which a residence is being constructed by the lot锟絪 owner.锟?no such temporary trailers shall be placed,
without declarant锟絪 permission, on any other portion of the property described
on the attached exhibits 锟絙锟?/a> and the adjacent rights-of-way.锟?the declarant specifically, in the
declarant锟絪 sole discretion, may (i) completely deny an owner permission to
place a temporary trailer on the owner锟絪 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锟絪 sole
discretion, may require, to improve the appearance of the temporary trailer on
the lot.
section 4.锟?
[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.锟?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.锟?
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.锟?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.锟?the
committee may make available a fence design which shall be used by all owners
in a specific division of the plat.锟?the
committee may also designate the approved colors for fence installations.锟?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锟絪 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.锟?no
mobile or 锟絤anufactured锟?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.锟?no vehicles
parked in public rights-of-way may be used temporarily or permanently for
residential purposes.
section 6.锟?mining.锟?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.锟?no derrick or other structures designed for
use in boring for oil or natural gas shall be erected, maintained or permitted
upon any lot.锟?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.锟?building
setbacks.锟?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.锟?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.锟?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.锟?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.锟?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.锟?the sign may also be used by a
builder to advertise the property during the construction and sale period.锟?political yard signs, not more than eight
(8) square feet in area, of a temporary nature, will be allowed during campaign
periods on lots.锟?within five (5) days
after the date of the election to which the sign refers, such signs must be
removed from lots.锟?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, 锟絝or sale锟?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.锟?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.锟?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锟絪 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.锟?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 锟絙锟?/a>), or on adjacent
rights-of-way, may be promptly removed and disposed of by the declarant.锟?the absolute right of the declarant to
remove unauthorized signs from the premises specifically includes, but is not
limited to, the declarant锟絪 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锟絪 lot.锟?all such lot
identification signs shall meet any signage guidelines and standards
established by declarant under this section 8(b).锟?the lot identification signs shall be constructed and installed
at the sole expense of owner.锟?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.锟?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锟絪 lot.锟?during the development period, owner shall
not remove the sign without declarant锟絪 consent.锟?the owner shall, upon demand, reimburse declarant for all costs
of making and installing the specific lot identification sign.锟?declarant锟絪 cost of obtaining and installing
the sign shall be a lien upon the owner锟絪 lot, and a personal obligation of the
owner, and shall be an 锟給ther charge锟?for purposes of article xvi, section 6.锟?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锟絪
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.锟?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 锟絛evelopment period锟?to
promote the sale of lots or houses, and to promote declarant锟絪 project and
company.锟?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.锟?
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.锟?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.锟?
this identification shall either be 锟絘 novastar community锟?or 锟絥ovastar
development company,锟?at novastar锟?
enterprises inc. option.锟?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.锟?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.锟?animals.锟?no animals, except dogs, cats, caged birds,
fish and tanks, and other small household pets, will be permitted on lots.锟?dogs shall not be allowed to run at large or
to create a disturbance for other owners in the plat.锟?leashed animals are permitted within rights-of-way when
accompanied by their owners.锟?efforts
shall be made by the person accompanying the animal to exercise 锟絪cooping锟?of
animal waste.锟?all pens and enclosures
must be approved by the committee prior to construction and shall be kept clean
and odor free at all times.锟?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锟?written notice of the
violation.锟?such violation must be
remedied by the owner within ten (10) days.锟?
failure to comply with the written notice will result in a fine of $25
per day.锟?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.锟?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.锟?driveways.锟?all driveways shall be paved with exposed
aggregate concrete, unless otherwise approved by the committee.
section 11.锟?delegation
of use and responsibilities.锟?any
owner may delegate, to members of his family or his tenants, in accordance with
the bylaws of crystal ridge homeowners association, the owner锟絪 right of
enjoyment of common areas and common maintenance areas.锟?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.锟?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.锟?each owner personally, and the owner锟絪 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锟絪 family, guest, tenant, agent,
workman, contractor or other licensee or invitee.锟?the association shall have a lien upon the owner锟絪 lot for the
amount of damages.
section 12.锟?
[amended] landscaping
standards.锟?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.锟?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.锟?
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.锟?for corner lots, the 锟絝ront yard锟?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.锟?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.锟?this requirement shall apply to all lot
owners in crystal ridge.锟?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.
锟絝ront yard锟?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.锟?at least 50 percent of
the area of every front yard, shall be maintained as lawn area unless otherwise
approved by the committee.锟?lots with
severe grades may be exempt from this requirement, provided a suitable
alternative landscape plan is approved by the committee.锟?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.锟?
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.锟?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.锟?once each owner
has completed all required landscaping improvements, the committee shall be
notified and an inspection requested.锟?
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.锟?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).锟?this assessment and requirement
shall not apply to other lots in crystal ridge.锟?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.锟?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.锟?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.锟?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.锟?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.锟?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.锟?clear cutting of a lot without prior approval of the committee is
not allowed.锟?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.锟?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.锟?
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.锟?
[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 锟絘pproved non-masonry chimney锟?.锟?
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.锟?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锟?锟絤ake-up锟?masonry
construction.锟?the 锟絤ake-up锟?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.锟?garages.锟?each residence in crystal ridge shall
incorporate a minimum two-car garage designed and constructed as an integral
part of said residence.锟?in special
circumstances, a detached garage may be approved by the committee.
section 15.锟?
[amended] maximum
structure height limitations/view preservation.锟?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.锟?the decision of which lots are
affected by this consideration has been made in declarant锟絪 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.锟?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.锟?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.锟?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.锟?the maximum
height shall apply to the top-most point of any structure.锟?each elevation listed is referenced to city
of puyallup datum.锟?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.锟?all elevations listed in this section are
referenced to this specific base elevation, which shall also be known as a
锟絙enchmark elevation.锟?/p>
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.锟?
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
|
锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷锟斤拷锟?* vertical height is based on city
of puyallup datum.锟?monuments in the
streets may be utilized for vertical reference.
section 16.锟?
[amended] maintenance
of tree and plant height (affects lots in the estates only).锟?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.锟?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.锟?however, any other damage and/or liability
incurred by the trimming and removal of slash from trees or plants shall not be
waived.锟?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.锟?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.锟?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.锟?
[amended] building
materials.锟?all homes constructed on
each lot shall be built of new materials, with the exception of 锟絛ecor锟?items
such as used brick, weathered planking, and similar items.锟?the committee will determine whether a used
material is a 锟絛ecor锟?item.锟?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
锟絯oodruff锟?type.锟?no asphalt shingles or
composition style roofs shall be allowed.锟?
for all lots in the estates, all siding and trim are to be of resawn
wood or 锟絣p锟?type siding of a color to be approved by the committee.锟?for all other lots in crystal ridge, this
requirement shall apply for the wall of each structure which faces directly to
the adjacent street.锟?for corner lots,
both sides facing the street shall be subject to this requirement.锟?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.锟?all visible
masonry shall be new brick or tile.锟?
decorative-type materials simulating masonry may be allowed by the
committee in certain applications, except in the estates.锟?decorative-type 锟絬sed锟?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.锟?exterior colors must be approved by the
committee.锟?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.锟?generally, colors shall be soft earth tones,
beiges, or pastels, and similar shades.
section 2.锟?maintenance
of lots during the construction period.锟?
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.锟?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.锟?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锟絪 construction representatives, to
pick up scrap materials and other construction debris and to periodically
dispose of said materials.锟?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.锟?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.锟?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.锟?
in the event that the lot owner, or owner锟絪 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.锟?
[amended] plan
checks/construction cleanup fee.锟?
each lot owner shall be required to clean up the lot within ten (10)
days of receiving a certificate of occupancy.锟?
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.锟?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 锟絚ompletion
standards锟?.
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.锟?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 锟給ther charge锟?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.锟?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).锟?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锟絪
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.锟?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锟絪 sole discretion.
section 4.锟?permits.锟?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.锟?codes.锟?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.锟?the
time of completion.锟?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.锟?the construction area shall be
kept reasonably clean during the construction period.
section 7.锟?entry
for inspection.锟?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.锟?the above recited individuals shall not be
deemed guilty of trespass for such entry or inspection.锟?there is created an easement over, upon and
across the residential lots for the purpose of making and carrying out such
inspections.
section 8.锟?contractor.锟?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. 锟?/span>wiring.锟?the wiring (other than interior wiring) for
buildings of any kind shall be underground.
section 2.锟?antennae.锟?no radio or television antennae,
transmitters or parabolic reflectors (satellite dish antennae) shall be
permitted unless approved by the committee.锟?
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.锟?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.锟?utilities
- requirement for natural gas connection.锟?
all structures must utilize natural gas for home heating systems unless
otherwise approved by the declarant.锟?a
penalty of $992 will be assessed against any lot owner锟絪 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.锟?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).锟?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.锟?
the $992 to be paid pursuant to this section shall be paid to declarant.
architectural control
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section 1.锟?architectural
control committee (锟絚ommittee锟?.锟?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
(锟絘ct as the committee锟? created by this article xv (even if the development
period has ended) unless the declarant elects not to act as the committee.锟?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
锟絚ommittee锟?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.锟?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.锟?
the committee, when appointed, shall consist of not less than three (3)
and not more than five (5) members.锟?it
is not a requirement that members of the committee be (1) owners or (2) members
of the association.
section 2.锟?jurisdiction
and purpose.锟?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.锟?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.锟?
the committee shall also review proposals to change the exterior color of
homes in the plat.锟?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.锟?membership.锟?except as provided in section 1 of this
article xv, the committee shall be designated by the board.锟?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.锟?
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.锟?designation
of a representative.锟?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.锟?the decisions
of such individuals are subject to review by the entire committee at the
request of any member of the committee.
section 5.锟?donation
of time.锟?no member of the committee
shall be entitled to any compensation for services performed on behalf of the
committee.锟?committee members shall have
no financial liability resulting from committee actions.
section 6.锟?address
of the committee.锟?the address of
the committee shall be at the registered office address of the association.
section 7.锟?voting.锟?committee decisions shall be determined by a
majority vote of the members of the committee.
section 8.锟?submission
of plans.锟?all plans and
specifications required to be submitted to the committee shall be submitted by
mail to the address of the committee in duplicate.锟?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锟?= 20锟? 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.锟?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.锟?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 锟?
all information requested must be included on the summary sheet for the
committee to be able to consider the submittal complete.锟?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.锟?plan
check fee.锟?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.锟?it will be necessary to pay
the plan check fee upon submitting plans and specifications to the
committee.锟?a plan check fee of $50 will
be charged to review plans and specifications for residences.锟?a fee of $25 will be charged for the review
of other structures.锟?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.锟?evaluating
development proposals.锟?the
committee shall have the authority to establish aesthetic standards for evaluating
development proposals.锟?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 锟絛esign elements锟? 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
锟絘pproval factors锟?.锟?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.锟?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.锟?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.锟?
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锟絪 view potential for which the plans were submitted,
or the use of that lot by the owner.锟?
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.锟?exclusions.锟?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.锟?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.锟?approval
procedures.锟?within fourteen (14)
days after the receipt of plans and specifications, the committee shall approve
or disapprove the proposed structure.锟?
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.锟?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.锟?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.锟?
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.锟?
锟絥on-action锟?on the part of the committee shall not exempt tile
applicant from any of the provisions of this declaration or the restrictions
articulated herein.锟?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.锟?
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.锟?the committee has no responsibility for
ensuring that plans and specifications which it reviews comply with local
building codes and requirements.锟?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.锟?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.锟?font color="#ff0000">[amended]
variation.锟?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.锟?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.锟?granting such a variation shall
not constitute a waiver of the restrictions articulated in this
declaration.锟?variations shall only be
granted if the committee determines that the variation would further the
purposes and intent of these restrictions.锟?
variations shall only be granted in extraordinary circumstances.
section 15.锟?
[amended] enforcement.锟?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.锟?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.锟?
[amended] committee/declarant
liability.锟?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.锟?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.
锟?non-action锟?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.锟?covenants
running with the land.锟?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.锟?
[amended] amendment.锟?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.锟?after 30 years have expired, the covenants
shall be automatically extended in accordance with the provisions set forth in
section 1 of this article.锟?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锟絪
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.锟?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).锟?
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锟絪 successor in interest (unless the declarant, or declarant锟絪
successor in interest, no longer exists).锟?
all amendments must be filed with the office of the pierce county
auditor.
section 3.锟?insurance.锟?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.锟?enforcement.锟?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.锟?attorney
fees.锟?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.锟?if the owner fails to pay such fees within
sixty (60) days, such fees shall become a lien against the owner锟絪 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.锟?
the prevailing party shall also be entitled to recover all costs.
section 6.锟?liens
for other charges.锟?this section
shall apply to all fees, charges, penalties, interest, costs, attorney fees and
other amounts assessed against an owner or the owner锟絪 lot (the 锟給ther
charges锟? and which are not described in sections 3 and
4 of article viii of
this declaration (the 锟絩egular assessments锟?.锟?
unless otherwise provided in this declaration, the other charges shall
be a personal obligation of the owner, and also a lien against the owner锟絪
lot(s) identical to the lien of the regular assessments.锟?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 锟給ther charges锟?for which the owner
shall be personally liable and which shall be a lien on the owner锟絪 lot
enforceable as provided in this section.
section 7.锟?interest.锟?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.锟?the interest shall accrue
from the due date.
section 8.锟?
[amended] waiver
of opposition to continued development of crystal ridge.锟?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锟絪 successor.锟?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.锟?successors
and assigns.锟?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.锟?severability.锟?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.锟?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.锟?rule
against perpetuities.锟?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 (锟絝irst temporary board锟? 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锟絪 children and grandchildren who shall be living
at the time this instrument is executed, whichever is later.锟?all such provisions shall be given full
effect until the particular provisions become void under this section.
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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锟?under auditor锟絪 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锟絪 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锟?16锟?east, 680 feet along the north
line of said subdivision to the
true point of beginning of herein described line;
thence south 00˚ 21锟?44锟?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锟?00锟?and
an arc length of 39.27 feet;
thence south 00˚ 02锟?04锟?east, 60.00 feet to a point of
curvature;
the radius point of which bears south 00˚ 02锟?44锟?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锟?00锟?and
an arc length of 39.27 feet;
thence south 00˚ 02锟?44锟?east, 98.00 feet;
thence north 89˚ 57锟?16锟?east, 125.00 feet;
thence south 00˚ 02锟?44锟?east, 282.00 feet;
thence south 43˚ 10锟?39锟?west, 76.30 feet;
thence south 49˚ 06锟?02锟?west, 83.55 feet to a point on
a curve the radius point of which bears north 74˚ 40锟?07锟?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锟?36锟?and
an arc length of 102.15 feet;
thence south 52˚ 59锟?32锟?west, 60.00 feet to a point on
a curve the radius point of which bears north 52˚ 59锟?32锟?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锟?07锟?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锟?23锟?and
an arc length of 37.17 feet;
thence south 42˚ 47锟?35锟?east, 60.01 feet;
thence south 46˚ 00锟?48锟?west, 95.00 feet;
thence south 43˚ 59锟?12锟?east, 180.00 feet;
thence south 07˚ 39锟?09锟?west, 26.48 feet;
thence south 18˚ 09锟?01锟?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.
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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锟?
16锟?east, 680 feet along the north line of said subdivision to the
true point of beginning of
herein described line;
thence south 00˚ 21锟?
44锟?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锟?00锟?and an arc length of 39.27 feet;
thence south 00˚ 02锟?
04锟?east, 60.00 feet to a point of curvature;
the radius point of which
bears south 00˚ 02锟?44锟?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锟?00锟?and an arc length of 39.27 feet;
thence south 00˚ 02锟?
44锟?east, 98.00 feet;
thence north 89˚ 57锟?
16锟?east, 125.00 feet;
thence south 00˚ 02锟?
44锟?east, 282.00 feet
thence south 43˚ 10锟?
39锟?west, 76.30 feet;
thence south 49˚ 06锟?
02锟?west, 83.55 feet to a point on a curve the radius point of which bears
north 74˚ 40锟?07锟?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锟?36锟?and an arc length of 102.15 feet;
thence south 52˚ 59锟?32锟?west, 60.00 feet to a point on a
curve the radius point of which bears north 52˚ 59锟?32锟?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锟?07锟?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锟?23锟?and an arc length of 37.17 feet;
thence south 42˚ 47锟?
35锟?east, 60.01 feet;
thence south 46˚ 00锟?
48锟?west, 95.00 feet;
thence south 43˚ 59锟?
12锟?east, 180.00 feet;
thence south 07˚ 39锟?
09锟?west, 26.48 feet;
thence south 18˚ 09锟?
01锟?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
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