9, 10, 16, T16N, R3E, W.M.

Transcription

1 After Recording Return To Marlene Voss Weyerhaeuser Real Estate Company EC3-3C8 P.O. Box 9777 Federal Way, WA Document Title(s) (or transactions contained therein): 1. Second Amendment to The Declaration of Easements, Covenants and Restrictions Tule Lake & Primary Road Association Grantor(s) Name (last, first, and initials): 1. Weyerhaeuser Real Estate Development Company Grantee(s) Name (last, first, and initials): 1. Tule Lake & Primary Road Association 2. Lot Owners Legal Description (Abbreviated i.e. lot/block and plat or section, township and range) Sections 9, 10, 16, T16N, R3E, W.M. Lots 1 24, Survey # Legal Description is on Exhibit E of Document. Reference Number(s) of Documents Assigned or Released: Additional Reference Numbers on Page of Document Assessor s Tax Parcel / Account Number(s) ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; ; /30/03 office under Auditor s File No , Pierce County, Washington.

2 SECOND AMENDMENT TO THE DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS TULE LAKE & PRIMARY ROAD ASSOCIATION This Second Amendment to the Declaration of Easements, Covenants and Restrictions, Tule Lake & Primary Road Association is dated the 29th day of July, 2002 (the Amendment ). 1. Weyerhaeuser Real Estate Development Company owns more than four (4) tracts which are subject to the provisions contained in the Declaration of Easements, Covenants and Restrictions for Tule Lake & Primary Road Association dated December 22, 2000 and recorded under Pierce County Auditor s File No , and amended under Assignment of Rights and First Amendment to the Declaration of Easements, Covenants and Restrictions Tule Lake & Primary Road Association dated August 8, 2001 and recorded under Pierce County Auditor s File No and re-recorded under Auditor s File No (the Declaration ) 2. Article 10, paragraph 10.2, Amendment by Declarant, of the Declaration allows Declarant to amend the Declaration by its sole signature during the Development Period (as defined in the Declaration). NOW, THEREFORE, the Declaration is hereby amended as follows: A. In accordance with Recital 2 set forth above, Article 1, Paragraph 1.2, Addition of Other Property and Paragraph 1.4 Amendment of Addition to Property are hereby amended and replaced with the following: 1.2 Addition of Other Property. Declarant may at any time during the pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant that is adjacent to the Property, and upon recording of an amendment of addition of real property containing at least the provisions set forth in Section 1.3 below, the provisions of this Declaration shall apply to the added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable thereto, the rights, powers, and responsibilities of Declarant and the Owners of Lots within the added real property shall be the same as in the case of the Property described in Section of 12

3 1.4 Amendment of Addition to Property. The amendment of addition of real property referred to in Section 1.2 above shall contain at least the following provisions: A. A reference to this Declaration stating the date of recording and the recording number under which it is recorded; B. A statement that the provisions of this Declaration shall apply to such added real property; and C. A legal description of such added real property. B. In accordance with Recital 2 set forth above, Article 1.3, Removal of Property, is deleted. C. In accordance with Recital 2 set forth above, Article 4 is hereby amended and the following paragraphs are added: 4.7. Passive Recreation Area Easements. Declarant hereby declares, creates, establishes, grants and conveys to the Association and the Lot owners therein non-exclusive easements for the use of the community property, for general community features including, but not limited to, trails, parking, sitting, wood cutting area and picnicking areas as described and delineated on Exhibits A, B, C and D, in common with, the owner or owners of a Lot or the Association. Trails shall be approximately 6 feet in width and be contained within a 50 foot wide easement. The easements shall be appurtenant and beneficial to each of the Lot owners. In the event of a conflict between the terms and conditions of the Primary Road Easement and the Passive Recreation Area Easement, the terms and conditions of the Primary Road Easement shall take precedence Timber Easement. No trees shall be removed or cut by Lot Owners or Occupants within the sixty foot (60 ) Primary Road Easement as depicted in Exhibit F-1 of Declaration of Easements, Covenants and Restrictions Tule Lake & Primary Road Association recorded under Pierce County Auditor s File No , with the exception of a driveway to a home site. The driveway may not be any wider than fifteen feet (15 ) wide. The Association shall have the right to remove trees pursuant to Article 2, Paragraph 2.1.B and Article 5, Paragraph of 12

4 D. In accordance with Recital 2 set forth above, Article 7, is hereby amended: Paragraph 7.7 is deleted and replaced with the following: 7.7. Nuisance. It shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that would cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the Owners or Occupants of surrounding Lot. No party shall allow noise levels to interfere with the peace and quiet enjoyment of the Owners, including, but not limited to, motor bikes, stereo equipment, live music, barking dogs and other animal noise. Timber harvesting, land clearing and construction noise of a temporary nature are exempt and shall take place during daylight hours only. No noxious or offensive activity shall be carried on, nor shall anything to done tending to cause embarrassment, discomfort, annoyance, or nuisance to any Person using any Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the surrounding Owners. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes, shall be located, installed or maintained upon any Lot unless required by law. If any lot owner is not maintaining his/her property to the extent that is determined to be a nuisance by a majority vote of the Association members, the Association shall give a written notice to the owner setting forth the complaint in detail, the correction actions to be taken by the Lot owner and request a response within ten (10) days. If the building or grounds are not then placed in the state of maintenance satisfactory to the Association within a period of thirty (30) days, the Association may go upon the property through its agents or through independent contractors to perform such services and utilize such materials as are necessary to bring the structure and/or grounds into conformance with the general maintenance scheme of the subdivision, and the owner of the property shall be liable for any expense so incurred by the Association. If such expenses are not paid to the Association within thirty (30) days of notice, such amounts so incurred shall become a lien on the property owner s Lot and enforceable as a lien in accordance with Article 7, Paragraph of 12

5 Paragraph 7.20 is deleted and replaced with the following: 7.20 Temporary Structures - Trailers and Recreational Vehicles. Recreational vehicles, such as motor homes, campers and trailers, when used for overnight accommodations, are permitted on a temporary basis only. The temporary on-site use of such vehicle or trailer shall not exceed the lessor of ninety (90) days or the time period specified by applicable code. Paragraph 7.21 is deleted and replaced with the following: 7.21 Construction - Residential Housing Improvements. All housing must be built on-site and must comply with applicable Uniform Building Codes. Manufactured homes, mobile homes, modular homes, trailers or other such residential structures constructed or assembled off-site are prohibited on any Lot, except as provided for in Paragraph 7.21 B below. Such structures may be used as a temporary residence during the construction of a single family residence provided that an appropriate building permit has been secured and is posted on the lot in a conspicuous manner proximate to the point of entry onto the building site. A. Permanent Housing Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting and landscaping, within twelve (12) months from date of issuance of an applicable building permit by the appropriate authority. An extension to the twelve (12) month period may be requested provided the request is made in writing and presented to the Declarant or the Board. The Declarant or the Board shall review all requests and grant extensions pursuant to a written plan submitted by the lot owner and consider reasonable construction scheduling and weather conditions. In no event shall the one time extension be granted for more than an additional twelve (12) months beyond the initial twelve (12) month construction period. All Lots shall be maintained in a neat and orderly condition during construction. All building materials shall be kept neatly stacked on the Lot, not less than fifteen (15) feet from any adjacent Lot. A Lot shall be kept clean, neat and free of tall grass and other unsightly growth throughout the entire construction of an Improvement. 5 of 12

6 All building materials and garbage from construction shall be removed within six (6) months of the issuance of a Certificate of Occupancy. If a Lot owner refuses or fails to remove all building materials and garbage within thirty (30) days after a written request by the Association for removal, the Association may enter upon the site and remove the building material and garbage at the owner s expense. Any costs or expenses advanced by the Association for removal of the building material and garbage shall be paid to the Association within thirty (30) days of notice. If payment is not made, such amounts so incurred shall become a lien on the property owner s Lot and enforceable as a lien in accordance with Article 7, Paragraph B. Temporary Housing Single Wide Mobile Homes, Double Wide and Manufactured Housing. A single wide or double wide mobile home or manufactured home may be used as a temporary residence during the construction of a home, provided it meets the following conditions: 1. Seven years old or newer model preceding the date of issuance of building permit for the residential housing pursuant to Living area shall not be less than 425 square feet 3. Pitched roof 4. Pit set 5. Skirted 6. No metal siding shall be allowed 7. Trailer tongue removed 8. Any required permits be obtained The trailer or manufactured home shall be removed within thirty (30) days of issuance of a Certificate of Occupancy for a permanent structure as defined in Paragraph 7.21 A. After this period, the Homeowner s Association shall have the right to enter upon the site to remove the manufactured home or trailer, dispose of by any means it determines and charge the Lot owner for any and all costs incurred in its exercise of the aforementioned activities. If payment is not made, such amounts so incurred shall become a lien on the property owner s Lot and enforceable as a lien in accordance with Article 7, Paragraph of 12

7 Paragraph 7.24 is added as follows: Land Clearing. Land clearing shall be limited to a homesite and surrounding yards. Total clearing on any Lot shall not exceed two (2) acres within those areas between the high water mark of Tule Lake and the Lake Loop Road as delineated in Exhibit E-1 of Declaration of Easements, Covenants and Restrictions Tule Lake & Primary Road Association recorded under Pierce County Auditor s File No Forest management practices per the Forest Management Plan are exempt from this restriction. Paragraph 7.25 is added as follows: 7.25 Vehicles. No owner of any residential lot shall permit any vehicle, which is in a state of disrepair, to be abandoned or to remain parked upon any Lot within the property for a period in excess of seventy-two (72) hours. A vehicle shall be deemed to be in a state of disrepair by a majority vote of the Association and/or when its presence and/or appearance offends the reasonable sensibilities of the occupants of the neighborhood and/or has had engines, doors, trunk lids, hoods fender, tires, wheels, window, grills or any of the aforementioned items removed and in plain view of the general membership. If an owner refuses or fails to remove a vehicle in violation of this provision within twenty four (24) hours after a request by the Association for removal, the Association may remove the vehicle at the owner s expense. Any costs or expenses advanced by the Association for removal of the vehicle shall be paid to the Association within thirty (30) days of notice. If such expenses are not paid to the Association within thirty (30) days of notice, such amounts so incurred shall become a lien on the property owner s Lot and enforceable as a lien in accordance with Article 7, Paragraph No repair or dismantling of any vehicle or equipment shall be permitted on any lot except within a garage. E. In all other respects, the Declaration described above, as previously amended, is hereby ratified and shall remain in full force and effect. 7 of 12

8 IN WITNESS WHEREOF, the undersigned have executed this Amendment. WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY By: Its: Its: Vice President By: Its: Assistant Secretary STATE OF WASHINGTON} }SS. COUNTY OF KING } On this day of, before me personally appeared Peter S. Constable and Marlene Voss, to me known to be the Vice President and Assistant Secretary, respectively, of WEYERHAEUSER REAL ESTATE DEVELOPMENT COMPANY, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary in and for the State of Washington. Commission Expires: 8 of 12

9 EXHIBIT A Passive Area Easement AREA 1 Trail Legal Description and Depiction An easement 50 feet wide upward from the respective ordinary high water mark of either the lake or creek beginning at Intersection 17 and the southeast corner of Lot 21, thence continuing westerly along the ordinary high watermark of the shoreline of Tule Lake to the ordinary high watermark of the Rocky Slough Creek, thence northerly on Lot 8 to the Primary Road, as the trail is located on the ground and generally shown below. Notes: 1. The purpose of this drawing is to show the general location of the easement as a schematic representation. 2. For accurate lot line and road location information refer to the record of survey recorded under Pierce County, Washington recording # or legal description as written. 9 of 12

10 EXHIBIT B Passive Area Easement AREA 2 Trail Legal Description and Depiction An easement 25 feet on either side of the centerline beginning at Intersection 11, thence southeast along Road Corridor F to Intersection 12, thence a four hundred (400) foot parallel strip upland and along the ordinary high water mark northeasterly of the Tanwax Creek approximately 300 feet thence northwesterly, as generally follows the existing road, to Road Corridor E as the trail is located on the ground and generally shown below. Notes: 1. The purpose of this drawing is to show the general location of the easement as a schematic representation. 2. For accurate lot line and road location information refer to the record of survey recorded under Pierce County, Washington recording # or legal description as written. 10 of 12

11 EXHIBIT C Passive Area Easement AREA 3 Legal Description and Depiction The northeasterly third of lot 24 beginning approximately 1,095 feet east from Intersection 5 on the Primary Road, the true point of beginning, thence continuing southeasterly to Tanwax Creek thence northeasterly along the ordinary high watermark of Tanwax Creek to Intersection 6 and the northeast corner of Lot 24, thence 775 feet more or less southwesterly along the Primary Road, to the true point of beginning and as generally shown below. Notes: 1. The purpose of this drawing is to show the general location of the easement as a schematic representation. 2. For accurate lot line and road location information refer to the record of survey recorded under Pierce County, Washington recording # or legal description as written. 11 of 12

12 IT D Passive Area Easement Woodcutting Area Legal Description and Depiction Commencing at Intersection 13 along Road Corridor E, thence 110 feet northwesterly along the east boundary of Road Corridor E to the true point of beginning, thence 160 feet northerly along the east edge of Road Corridor E, thence 77 feet east, thence 70 feet south thence 144 feet more or less southwest to the true point of beginning as generally shown below. Notes: 1. The purpose of this drawing is to show the general location of the easement as a schematic representation. 2. For accurate lot line and road location information refer to the record of survey recorded under Pierce County, Washington recording # or legal description as written. 12 of 12