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HomeMy WebLinkAbout25-007 Approving Final Plat and PUD for Madrona Ridge Phase 1 Application, Located in Jefferson County Tax Parcel NOS: 001091002; 001092005; 001092006; 973800201; 973800301Resolution 25-007 RESOLUTION NO.25-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON, APPROVING FINAL PLAT AND PUD FOR MADRONA RIDGE PHASE 1 APPLICATION, LOCATED IN JEFFERSON COUNTY TAX PARCEL NOS: 001091002; 001092005;001092006;973800201;973800301. WHEREAS, on March 28, 2022, the Hearing Examiner for the City of Port Townsend conditionally approved the PUD and Associated Plat and SEPA Review under File No: LUP 21-064, LUP 21-066 and LUP 21-068; and WHEREAS, an application for a minor amendment was approved with conditions on August 11, 2022 under Port Townsend File No. LUP 22-045; and WHEREAS, on June 14, 2024, the applicant received Civil Plan approval to begin work on constructing the roads and the public and private infrastructure required in the preliminary PUD approval under SDP File No. 24-043; and WHEREAS, on January 7, 2025, under File No. LUP25-003, the City of Port Townsend accepted a complete application for a Final PUD Approval; and WHEREAS, the applicant has submitted a bond for remaining public infrastructure to be completed as identified in SDP24-043; and WHEREAS, the final drawings of the proposed final plat/PUD and requested documents were circulated to the appropriate departments of the City and recommendations for approval were obtained; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend, hereby resolves as follows: Section 1 1 (n sR The City Council hereby finds that, pursuant to Port Townsend Municipal Code Title 17 and Title 18, the Madrona Ridge Phase I - Final PUD (Exhibit A): 1. Meets all general requirements for plat approval as set forth in Chapter 17.32 PTMC, General Requirements for PUD Subdivision Approval; 2. Conforms to all terms of the preliminary plat and preliminary PUD approvals; and 3. Meets the requirements of Chapter 58.17 RCW, other applicable state laws, Title 18 PTMC, and all applicable ordinances which were in effect at the time of preliminary approval. Sectiog,..,210 iaL onditions: The City Council hereby approves Madrona Ridge Phase 1 Final PUD under File No. LUP 25-003, subject to the following conditions: 1. The Madrona Ridge Property Use and Development Agreement for Phase 1 final PUD along with Exhibits A (Legal Description) and Exhibit B (Conditions of Approval Report, Dated January 3, 2025 by Barghausen) shall be signed and recorded with the Resolution 25-007 County Auditor prior to recording the final plat. (Exhibit B) 2. The Declaration of Covenants, Conditions and Restrictions for Madrona Ridge Phase 1 Final PUD shall be recorded with the County Auditor prior to recording of the final plat. (Exhibit C) Section 3. The City Council directs all appropriate City officials to inscribe and execute the City's written approval on the face of the plat. Section 4. The Applicant shall record the final plat with the County Auditor, after all inspections and approvals, and after all fees, charges and assessments due to the City resulting from the subdivision development have been paid in full. ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this I An day of March 2025. Mayor Attest: ........ .................... Alyssa",p"'clrig66's City Oerk. ZEE U) M., Cl 0 z 0 W. 0 T� A W .5 alp -� .3 '6� A,r, < 4, Z �V, tax UU Lu 0,60 0 >. CO CO < w Z> R; Illfr L >- MM cr w L) 0 z CC M UJ < 5. 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V W id J, 9 133HS 33S L 133HS 33S u 2 2 T,ll 21,j L� ill" v, 1 g d i� r, ,� r 0 MI o c"" Z W AFTER RECORDING RETURN TO: City of Port Townsend Development Services Department 250 Madison Street, Ste. 3 Port Townsend, WA 98368 PROPERTY IIRV AND nl?Vt�l,OPMF:N'I' N(';IIyEI�',ME1" '1, The Plat and Planned Unit Development of MADRONA RIDGE REFERENCE DOCUMENTS: The Plat and Planned Unit Development of Madrona RidAFN_,,__ _ ' p Ridge, Declaration of Covenants, Conditions, and Restrictions for Madrona Ridge, AFN Map, AFN PARCEL NUMBERS: 001091002; 001092005; 001092006; 973800201; 973800301 THIS AGREEMENT is made and entered into by and between the City of Port Townsend, a Washington municipal corporation, ("City") and Lennar Northwest, LLC., a Delaware limited liability corporation ("Developer"). RECITALS: A. The Developer owns certain real property situated in the City of Port Townsend, Jefferson County, Washington which lies north of Discovery Road along both sides of Rainier Street. West of Rainier Street and north of unopened 15th Street are three (3) un-platted parcels. Jefferson County tax parcels for this area are 001091002 (20.73 acres), 001092005 (6.27- acres), and 001092006 (7.4-acres). It contains one existing single-family residence addressed as 1601 Rainier Street. East of Rainier Street and north of unopened 15th St. are Blocks 2 and 3 of the Motorline Addition. This area is vacant and totals roughly 2.14 acres (minus right-of-way being vacated). Jefferson County tax parcels for this area are 973800201 and 973800301. Full legal descriptions can be found on Exhibit A. B. The Developer has petitioned the City in accordance with Chapter 17.32 of the Port Townsend Municipal Code for approval to develop the property described above, as a Planned Unit Development; and C. The City has reviewed the petition of the Developer and has determined that the proposed Planned Unit Development conforms with the general purpose and specific criteria of Chapter 17.32 of the Port Townsend Municipal Code (PTMC); and D. Certain conditions are necessary and proper to assure development of the Planned Unit Development in compliance with accepted principles of land use planning, the requirements of Chapter 17.32 and all conditions of approval; and E. The Developer, as its free and voluntary act, has agreed to the conditions proposed by the City and both parties wish to memorialize their agreement through this document, pursuant to the terms specified in PTMC 17.32.120; and F. The Port Townsend Hearing Examiner granted preliminary approval of the proposed Plat and Planned Unit Development (PUD), subject to certain conditions on March 28, 2022 (the "preliminary Plat and PUD approval"); and G. On August 11, 2022, the Port Townsend Planning & Community Development Director approved a Minor PUD/Plat Modification to allow phasing of the development (LUP22-045); and H. The Planned Unit Development is subject to a set of conditions and restrictions, as set forth in the Hearing Examiner decision and subsequent Minor Modification approval (Exhibit B), which establishes the responsibility of the owners, and their successors and assigns. Those conditions are reflected in this Agreement. NOW, THEREFORE, in consideration of the mutual promises in this Agreement, the parties agree as follows: t �Qyja ,,,. The property described r bove may be developed in a manner consistent with the developer's application (except as modified by preliminary or final PUD approval, or this Agreement), and in accordance with the terms and conditions imposed by this Agreement, the terms and conditions of the Hearing Examiner's decision dated March 28, 2022 and Minor Modification approval dated August 11, 2022, and the building, site and operational plans, on file with the City as referenced below: • The Plat of Madrona Ridge, AFN ......- m__ ._, Records of Jefferson County • LUP21-066 Site Plan • LUP21-066 Hearing Examiner Decision • LUP21-066 Preliminary Plats Maps • LUP21-064 MDNS • LUP21-066 Traffic Analysis • LUP21-066 Wetland Report • LUP21-066 Preliminary Tree Conservation Plan • LUP22-045 Minor PUD Amendment — Phasing Modification • SDP24-043 PUD Phase 1 Approved Plans • GRD24-004 Madrona Ridge PUD Phase 1 and 2 Grading Plans • GRD24-004 Signed Grading Permit • GRD24-004 Landscaping Plans 2. 1Iro c t. Madrona Ridge is a 167-lot single-lainily residential Planned Unit Development (PUD) on over 39 acres located along bothsides orrainier Street and north of"the Discovery Road roUndabout. The project includes nrrrltil:rle storm pond tracts, open space tracts, and trail connections which are subject to the maintenance provisions set forth in this Agreement. Uses. Allowed uses include detached single-family residences and all other use permitted unconditionally in the underlying 1 -11 and R-11l zones as set forth in PTMC Table 17.16.030, as it exists now or is hereinafter amended. 4 C .odifteel Srt Developpig . �tatI45 r s. f"�he leveloptilent standards described in the table below have been modified by and incorliorated as part of the PUD approval, all other bull and dimensional requirements of the R-11 and 1Z-111 mires as set forth in PTMC Table 17.16.030, as it exists now or is hereinafter amended, will be met by the proposed development. Development Approved Modification Road ... ........ � roadways except Madrona ..,_... R an Standards 1. All public local access ... P .. y p Madrona Boulevard will have 40 wide rights of way and a modified street section as shown in approved Rl ns� —__ ... �...... _..... . 2. Three (3) new private driveways serving a total of 14 lots with 20' wide road section 3. A minimum 5 ft. building setback from Tracts J thru O (totaling 15 ft of setback from Madrona Blvd. ROW which includes a 1 ft. separation from the edge of the Multi -Use Trail) _ Lot Standards 1. Reduced minimum lot si a� zes with a 3,600 sq. ft. minimum 2. Side yard setback reductions from a combined 15' to a minimum of 5' on each side except 10' if abutting a ROW 3. Front yard setback reductions down to 10' except where a garage door faces front in which case the front setback will be 20' 4. Maximum to r t coverage e permitted on all lots modifie p d to allow 45% 5. Relief from Daylight Plane requirements for new residential structures as typically prescribed under PTMC 17.16.030D M aintcnWice Respok1si ilitWi s. Long term maintenance responsibility for infrastructure and improvements shall be as follows: a. trgek J?Krveway Sidewalks Trails The City of Port Townsend shall maintain all vehicular travel lanes of public streets. The three (3) private driveways shall be maintained by the adjoining lot owners and/or HOA. All Multi -Use pathways and sidewalks within public rights -of -way shall be maintained by the HOA; however, abutting lot owners shall be responsible for cleaning these areas per PTMC 12.12.030. The HOA shall maintain all other trails within the development. The HOA shall maintain all street lights and street landscaping required for approval. b. Stckwtcr D<r�ilage Maintenance of all stormwater facilities shall fall under the HOA's purview unless the City accepts them as part of dedicated infrastructure during future approvals. 6. Amendments. Future modifications or amendments to this Agreement and the PUD approval are subject to the regulations in effect at the time such modification or amendment is sought. The remainder of this Agreement summarizes the conditions of Plat and PUD approval. 7. Final Plat Map: A map of the final Plat of Madrona Ridge has been filed under Auditor's File No, as required by municipal code and indicates the precise location of all required dedications, easements, existing and proposed utility easements and open spaces as set forth in these conditions of approval. Interior streets, walkways and trails within public easements shall be open to the public and signed accordingly at all times. All required infrastructure improvements and the subsequent Street and Utility Development permits have been obtained and installed (or bonded for) and, where necessary, have been accepted by the City. ( le areal (lr atlin &, The Developer has submitted and had approved a clearing, grading and vegetation retention plan that complies with the conditions of preliminary Plat and PUD approval, The plan demonstrates compliance with the ("ity's Fn inecring Design Standards„ and the Department of Ecology Stor xrwater Management ManUal (DOE SWM M) approved for use by the City, for clearing, grading and erosion control nncasures. The plans are on file with the City under File No. GRD24-004. 9 Street and litilit Developnjq►IIL The City has reviewed and approved plans for Phase 1 street improvements in compliance with the City's Engineering Design Standards (EDS), and the conditions of lnrelinninar3+ Plat and PUD approval. "I"he glans and approval are on file with the City under bile No, SDP24-043 which contains all City -approved engineering for roads, utilities, stormwater drainage and non -motorized pathways. 10 l ands+ axing 1'l Ip. A final Landscaping Plan and Tree Conservation Plan has been reviewed and approved pursuant to the conditions of the Hearing Examiner's decision. Per the SI:PA review completed for Madronna Midge, the following mitigations are applicable as on -going obligations for the project: a. All landscaping shall be continually maintained in a healthy growing condition by the property owner. Dead or dying trees, shrubs or groundcover shall be replaced immediately, and the planting areas shall be routinely maintained. Revisions to the approved Project I andscaping Plan may also be required if'the Director determines that the installed landscaping has railed to perform as designed; b. For landscaping required within the adjoining street rn hts- of -way and/or within public casements or surrounding the four (4) storm ponds, the applicant has provided a 3-year financial guarantee for their survivability. Trees or other approved plantings that die or become diseased within the guarantee period shall be replaced by the HOA and shall initiate a subsequent 3-year period starting on the date of replacement; c. With each application for building permit within the development, a Tree Conservation Plan Af"hdavit together with a site plan showing the type, number and location oaf" trees and/or other vegetation to be retained or planted on, the subject lot shall be submitted. The proposed individual lot plantings shall be based upon the required Project Landscaping Plan subject to any subsequent modifications approved by DSD. d. Landscaping per the approved Tree Conservation Plan Affidavit for each individual lot shall be installed prior to issuance of a certificate of occupancy or a performance security shall be obtained by the DSD Director. The amount of the performance security shall be based upon the current cost estimate of all plant materials and landscape construction costs. The performance security shall consist of a performance bond in a for nn acceptable to the City Attorney and in an amount acceptable to the Director, Cash deposited in an escrow accournt may also be accepted by the City. All required plantings shall be installed within sip rnnornths of approving the performance security, unless an extension is agreed to in writing by the City. 11 qe elopment In Accordance with Site Plan, Development of all individual lots shall be carried out in conformance with the PUD site plan, and consistent with the conditions contained herein. Variances may be approved under the provisions of PTMC 17.86 in effect on the date a completed application for a variance is accepted by the City. In accordance with PTMC 17.32.060.D (as it exists now or may be hereinafter amended), Developer shall ensure that the following language is included on every sales agreement and title to each property: "This property is part of a planned unit development, which is an innovative residential development. Residences must be constructed, and building permits may only be issued for, structure types and placements as shown on the planned unit development plan on file with the City of Port Townsend." 12 :a � ant ,az Running withthe Laird. The obligations of Developer and of each individual property owner contained in this agreement shall be covenants running with the land and shall be binding upon and shall inure to the benefit of all successors, heirs, and assigns. This Agreement, including all attached exhibits, shall be recorded with the Jefferson County Auditor upon execution. 13. Voluntary &4. Developer agrees to all of the conditions and obligations evidenced in this Agreement as a free and voluntary act and acknowledge that this is a voluntary agreement consistent with the provisions of RCW 82.02.020. 14 Estoppel C K of sate, The Developer may from time to time need to obtain an estoppel certificate from the City indicating whether the City agrees that the Developer is fully in compliance with all of the terms and conditions of this Property Development Agreement to facilitate sale of any portion of the property or to facilitate financing of development of the property. The City shall, within 30 days from the date of a written request for an estoppel certificate, furnish written confirmation that, as of the date of the estoppel certificate, the Developer is in compliance with all requirements of this agreement or, if not, shall state with particularity, why not. The Developer shall make payment to the City, at the time the Developer submits the written request, in the amount of $100 to produce the estoppel certificate. Any time necessary by the City to produce the certificate in excess of one hour will be billed to Developer in the amount of $76 per hour or the current rate for staff time as established by City Council. In cases where an excess of one hour is required to produce the estoppel certificate, the City will provide an itemized accounting of the time accrued to Developer. 15. Remedy. In addition to any other remedy the City may have for breach of this Agreement, any violation of this Agreement constitutes a violation of the zoning code of the City and may be enforced as a zoning code violation according to procedures in the PTMC as amended. [SIGNATURE PAGES FOLLOW] 6 Lennar Northwest, LLC, a Delaware limited liability company _.... I . Its: [Notary stamp inside 1" margin] STATE OF WASHINGTON ) )ss. COUNTY OF INV�.... g � �� 2 AZ5 by 1 , This ��d�was acknowledged befor\kjine m �nof Lennar Northwest, LLC, a Delaware limited liability company. N aa�ra &J � t1t Name] �✓' �,^+ +kip �,,� " NOTARY PUBLIC in and for the State of • Washington, 3 M appointment expires: _Lasp a '� " Y Pp w erg+ CITY OF PORT TOWNSEND By: Its: [Notary stamp inside V margin] STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) This record was acknowledged before me on ........ _._........ ------ - by ....,--....�.�...w�..... as,w _- of the City of Port Townsend, a Washing ton municipal corporation. .....- __..... ... [Print Name] .. .. _ . _ .... _. NOTARY PUBLIC in and for the State of Washington, My appointment expires: 0 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [HAI PORTION OF THE FASI 112 OF THE NORTHWEST 1/4 AND [HEW[,'sr 1'�� OF [HE NOR'Ildll�Asr |� OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST. W.M, IN J[FFERS0N UNTY V�SHYNG[ONMORE PARTICULARLY DESCRIBED AS FOLIOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4, SOUTH 02' 01' 49~ WEST 55l Sg FEET TO |HE TRUE POINT OF BEGINNING;' � THENCE SOUTH 88* 42' 53^EA5[ 734,57 FEET; THENCE SOUTH 41' 56' 25"EAST, 347.88 FEET; THENCE SOUTH 01^ 40' 58^WE3T. 73.08 FEET; THENCE SOUTH 14' 23' 53"[AST. 108.31 FEET TO THE WESTERLY MARGIN OF RAINIER STREET (Al SQ KNOWN AS R0Y STREET) AS ESTABLISHED PER THE PLAT OF MOTOR LINE ADDITION AS RECORDED IN VOLUME 2 OF PLATS, PAGE lO. RECORDS OF J[FFERSON COUNTT, 0N3H|NG[0N; THENCE ALONG SAID WESTERLY MARG/N, SOUTH 01' 40' 58''WES]. 555.86 FEET |O THE NORTHERLY MARGIN OF 15|H STREET (ALSO KNOWN AS DREGON STREET) AS PLATED IN GLENWOOO ADDITION 10 THE CITY ,0F"PORT .|0WN3END,^A3,`PER Pr RECORDED IN VOLUME 1 OF PUgS, PAGE 62. RECORDS OF o=,,cnum, Cuvn/,, wx�n/mwum� THENCE ALONG SAID NORTHERLY WARG|N, NORTH 08- 30' 10^ W[ST, 5.14 FEET THENCE NORTH 01' 29' 50"EAST. 26.00 FEET; THENCE NORTH 88' 30' 10^WE3T 168.43 FEET; THENCE NORTH OZ Ol' 49^EAST, 111.53 FEET; THENCE NORTH 87* 58' 11^W[S| 55.00 FEET; THENCE NORTH 02' Ol' 48''EAST, 257.03 FEET; THENCE NORTH 43' 48' 37^WE3T, 112.82 FEET; THENCE NORTH 87' 58' 11^WEST, 50.44 FEET; THENCE NORTH 02' 01' 49"[A3T. 90.00 FEET; THENCE NORTH 87 58' 1|^WEST, 75.00 FEET TO A POINT OF CURVA[URE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FE[T, THROUGH A CENTRAL ANGLE OF 90` OO' 00''�' THENCE NORTH 87' 58' 11''WEST, F| 4O�OO [E[O A POINT OF CURVATURE; THENCE _ ..~.....~..`" nLun* mL AMU ur x mum-/«muuw| CURVE TO THE U[F[ HAVING A RADIUS OF 15.00 FEET THE RADIUS POINT OF WHICH BEARS NORTH DT 58' 1l^WEST THROUGH A CENTRAL ANGLE OF 9� OO' OO^TO A POINT OF TANCENCf; ' THENCE NORTH 87 58' 1l''WE3T. 150,00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE L[FT, HAVING A RADIUS OF 15.00 FEE[, THROUGH A CENTRAL ANGLE OF 90' OO' OO''; THENCE NORTH OT 58' 11"WEST 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ABC OF A NON TANGENT CURVE T0 THE LEFT HAVING A RADIUS OF 15DD FE[T, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11~WE3T, THROUGH ~ A CENTRAL ANGLE OF 90' OD' OO^TO A POINT OF TANGENCY; [HENCE NORTH 87' 58' 11''WES|. 461.35 FEET TO A P0`l OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF SO' OO' 00''; ]HENCE NORTH 87' 58' )1''WE5T. 40.00 FE[TTO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58^ 11"WEST, THROUGH A CENTRAL ANG|[ OF 90* OO' 00''10 A POINT OF 0\NGENCY; '3U' THENCE NORTH 87* 5D' 11^WEST, 461.35 F[El TO A POINT OF CURVA0RE; THENCE SOUTUW[5TER|Y 2356 FEET ALONG THE ARC OF A TANGENT CURVE TO THE |E[7 HAVING A RADIUS OF 15D0 FEET. THROUGH A CENTRAL ANGLE OF S[r DO' DO^; THENCE NORTH 87 58' 11°WEST. 40D0 FEET TO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15,00 F[[T, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11"WE8T. THROUGH A CENTRAL ANGLE OF 90' OO' OD^TO A POINT OF TANGENCY; THENCE NORTH 87 58' 11^W[ST, 90.12 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION y; THENCE ALONG SAID WEST L|NE, NORTH 02' 02' 22^EAST, 401.80 FEET TO THE NORTHWESTERLY CORNER OF SAID SUBDIVISION; THENCE ALONG THE NORTHERLY LINE OF SAID SUBDIVISION, SOUTH 88' 35. 27, EAST. 336,42 FEET TO THE EAST LINE OF THE SAID NORTHWEST 1/4 OF SECTION 9; THENCE ALONG SAID EAST L|NE, NORTH OZ Ol' 49" EA5T, 108.65 FEET TO THE TRUE POINT OF BEGINNING. BEING SHOWN AS NEW PARCEL A ON SURVEY RECORDED APRL 27, 2023 UNDER RECORDING NO. 659984. AS DESCRIBED AS NEW PARCEL A IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APR|L 27, 2023 UNDER RECORDING NO, 659985. BOTH RECORDS OF JEFFERSUN C8UNTY, WASH|NQTON, PARCEL B: THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 30 NORTH, RANG[ 1 WEST, W.M.. IN JEFFER5UN COUNTY, WASH|NGTDN, BEING DESCRIBED AS PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED APR|L 27, 2023 UNDER RECORDING N& 659985. RECORDS OF JEFFERSON COUNTY, WA3H|NGTON. PARCEL C: THAT PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/4 OF THE NORTHEAST 1/4 OF SECTION S. TOWNSHIP JO NORTH, RANG[ 1 WEST, W.M.. IN J[FF[RSON C0UNTY, WASHiNQTQN, BEING DESCRIBED AS NEW PARCEL C ON SURVEY RECORDED APR|| 27. 2023 UNDER RECORDING NO. 659984. AS DESCRIBED AS NEW PARCEL C IN BOUNDARY LINE ADJUSTMENT STATEMENT OF INTENT RECORDED APR|L 27, 2023 UNDER RECORDING NO. 659985. BOTH RECORDS OF J[FFER3ON CDWNTY, WASU|NGTOM. PARCEL D: BLOCKS 2 AND J. MOTOR LINE ADD|U0N TO THE C|[Y OF PORT T0NNSEND, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLAJ8, PACE 10, RECORDS OF JEFF[R5ON COUNTY, WASH|NCTON. PARCEL E: EASEMENT CREATED BY [EWpDRARY CONSTRUCTION LICENSE AND PERMANENT EASEMENT AGREEMENT DATED MARCH 4, 2024 AND RECORDED MARCH 5. 2024 UNDER JEFFERSOW COUN|Y AUDITOR'S RECORDING NO 584926 BEING A RE-R[CDRD|MG OF RECORDING NO, 554820. ALL SKUATF IN THE COUNTY OF JEFFER5ON, STATE OF WASHING-0N -3|' EXHIBIT B CONDITIONS OF PLAT APPROVAL COMPLIANCE CONFIRMATION ff$j A 0 K' (03" A U N [Ell A DIVISION Of CORE STATES GROUP I 1 If � 111 � fj RECEIVED 1.0 PRELIMINARY PLAT, PUD, PLAT VACATION AND CRITICAL AREAS APPROVAL CONDITIONS 2.0 MINOR PUD/PLAT MODIFICATION CONDITIONS 3.0 SEPA MDNS REQUIRED MITIGATION MEASURES to Preliminary Plait PUD Plat Vacation and Critical Areas Approval City File Nos. LUP21-064 and LUP21-066 though LUP21-068 Decision Issued March 28, 2022 General 1. Development shall be carried out in substantial conformance with the revised preliminary Plat/Plat Vacation and PUD site plans, the PUD Narrative and Stormwater Report (Ex. A, B & D), and the preliminary Tree Conservation Plan (Ex. E) except where modified by these conditions of approval or by the subsequent Street and Utility Development permit (SDP). The Plat Vacation portion of this approval includes the alley in Blocks 2 and 3 of the Motorline Addition together with all of the 16th St. right-of-way. Response: Acknowledged. 2. All mitigations as set forth in the SEPA MDNS (Ex. I) are hereby considered conditions of preliminary Plat/ Plat Vacation and PUD approval. Response: Acknowledged. 3. The Madrona Ridge approval includes the requested PUD modifications set forth below: • Aside from Madrona Boulevard, all other public local access roadways would have 40' wide RO W s and a modified T-8 street section as shown in Ex. B. °ihe arrarr errrerlt of street trees MV be ILexed s ar of tkae jtrept Lard C1 r y Devpto rraen Permit rocess to achie . at ractitr ,js r is apresth0 is and ffic nt dr ve. !ay errs rn n . • Three (3) new private driveways serving a total of 14 lots. The road section width in these driveways would be 20'. • Reduced minimum lot sizes with a 3,600 sq. ft. minimum. • Side yard setback reductions from a combined 15' to a minimum of 5' on each side except 10' if abutting a ROW. • Front yard setback reductions down to 10' except where a garage door faces front in which case the front setback will be 20'. • Maximum lot coverage permitted on all lots modified to allow 45%. • r r it i�t Plb� ql!)f r s for new ra i'danti l structrrr s as I i l reAgd ed rmler PTM,._Q_l , f b.0 0t . Response: The applicant agrees with the PUD modifications described above with the clarification that the 20' front yard setback for garages only applies to the garage, not the entire building, which can remain at 10' 4. The three () alleys shown on the revised preliminary Plat plans (Ex, E) will be privately maintained by the adjoining owners ano%r HOA but they must also be publicly accessible to non -motorized users where the driveways connect to open space trails. This maintenance obligation shall be placed into a set of Covenants, Conditions and Restriction (CCR's) and referenced in the resulting PUD Agreement. Response: Maintenance obligations of the shared access tracts for all phases will be the responsibility of the HOA and are described in the CC&Rs and PUD agreement. 5. An appropriate entity (e.g. a Homeowners Association; HOA) must be established as part of the final Plat/Plat Vacation and PUD review process and assigned responsibility for on -going long term maintenance, liability and tax responsibility of all on -site, non-public amenities including but not limited to stormwater facilities, open space Tracts and landscaping (including street trees and stormwater pond plantings), all non -hard surfaced trails which do not meet approved City Madrona Ridge . 1 - 07-HEX Conditions Compliance-2024-12-31 standards, and privately maintained underground utilities. The approved responsible entity must be acceptable to the City DSD Director and referenced in all appropriate documents filed for recording that are associated with the final P/abPlat Vacation Response: An HOA has been formed and assigned responsibilities as described above. HOA documents, including CC&Rs have been provided to the City for review and approval prior to recording of final plat. 6_ Tracts J thru O reserved for the anti -use gItt-Qse pathway on the north side of Madrona Boulevard will be lie ri way rnaint'ained by the M_adrqna Ridge HOA. A minimum ft, uildin Setback from the rafdrarr etl �ragm ,rest mailwined (tptalincr 15 ft ofsJe from Madr n lv R W wlli i ps e 1 f. r ion from the edge pl uli-P ' rail nd ll d out th l f th Fr"r gl P! t th P A rye ntand final R°s', e ID -aa As with all sidewalks within the project, the abutting lot owners are responsible for cleaning of the non - motorized improvements per PTMC 12.12.030. Response: Acknowledged. A building setback line has been added to the final plat Applicant's offer to convey Tract D/Storm Pond 4 and Open Space Tract E to the City is acceptable to the City, subject to certain terms. If both Tracts are conveyed to the City, an easement to the Madrona Ridge HOA shall be established to provide the HOA with maintenance access to the ouffall pipe and infiltration trench serving Tract B/Storm Pond 2. Any easement needed for the Tract B/Storm Pond outfall and infiltration trench shall be prepared by the Applicant or Applicant's engineer for review and approval by the City and referenced on the face of the Final Plat. Response: Tract E and D will be conveyed to the City for maintenance purposes. It is our intention that the conveyance occur as part of the final plat, if a separate instrument is required, please let us know. A maintenance access easement will be provided to the outfall pipe and infiltration trench serving Tract 6/Storm Pond 2. 8. In the event Tract E is not conveyed to the City, then the Tract D/Storm Pond 4 area must be expanded by the Applicant to include that pond's outflow pipe and infiltration trench. Public Works engineering staff have agreed that Rainier Street runoff between 15th and 12th Streets can be accomplished via swa/es constructed adjacent to the roadway. These will be made conditions of the Street and Utility Development (SDP) review and approval process. Response: Not applicable, Tract D and Tract E will be conveyed to the City. 9. The Applicant shall demonstrate to Public Works staff that adequate separation between the existing fiber optic improvements in Tract F is available to accommodate multiple utilities (i.e., the required 10" water main from the north line to 15th St.) If Tract F is unable to accommodate multiple utilities, the Applicant will need to propose an alternative route for the 10" water main acceptable to Public Works and complete the - n tall tlon as ppirt f th Str et�n1 1t11ity DeveLon ment Permit (SDPI. Response: Acknowledged, please refer to Sheet 10 "Composite Utility Plan" of approved civil plans under permit SDP 24-043. 10. The Applicant shall construct a shared Multi -Use pathway on the west side of Rainier St so it is continuous from north of the Discovery Rd. roundabout near 12th St. to 15th St. as offsite improvements along with Rainier St. Frontage improvements of sidewalk and a bike lane must also be installed across the entire project frontage between 15th St. and the north property line. Response: A Multi -Use pathway will be constructed along the west side of Rainier Street with Phase 1 per the approved civil plans under permit SDP 24-043. Please see Sheets 56 & 57 for on - and off -site street sections. Madrona Ridge -2- 07-HEX Conditions Compliance-2024-12-31 11. The Applicant's request for a slightly modified T- road City standard wilh ' wa'll Qd4&"#GGafkr g' ail-onaside efall Ott 'gh� is approved in concept as shown on the submitted plans (Ex. B). Final locations for on -street parking will be determined as part of the subsequent Street and Utility Development Permit (SDP) process. Staff will work with the Applicant to maintain flexibility with driveway placement to allow occasional parking on either side of the street for traffic calming. Response: Acknowledged. Please refer to the approved civil plans under permit SDP 24-043, Sheet 56, for relevant street sections. 12. Final PlatJPlat Vacation and PUD approval shall be presented by the Applicant as required by municipal code and shall indicate the precise location of all required dedications, easements and open spaces per these conditions of approval. Interior streets, sidewalks and trails within public easements shall be open to the public and signed accordingly at all times. All required' infrastructure improvements as set forth in these conditions and the subsequent Street and Utility Development permits must be installed or bonded for prior to final Plat/Plat Vacation and PUD approval. Response: The Final Plat/Plat Vacation and PUD approval is in substantial compliance with the approved Preliminary Platt of record and meets all Conditions of Approval from the March 26, 2022 Hearing Examiner Decision and the August 11, 2022 Minor Modification decision. All improvements are constructed or bonded 13. The Applicant shall have applied for final PlaUPlat Vacation and PUD approval within five (5) years of date preliminary approval. With the final Plat'Plat Vacation and PUD submittal, the Applicant shall propose a name for the new roadway(s) to allow for review and approval by the appropriate public agencies (the City DSD, the Jefferson County Auditor andAssess'or"s Offires. Response: Acknowledged. New streets include Madrona Boulevard, Pickett Court, Pegeen Court, Beauregard Court, and Upsan Downs Lane and are shown on the final plat 14. A draft Property Use and Development Agreement (PUDA) shall be submitted by the Applicant (in electronic format) for review by DSD and Public Works a minimum of one month prior to submittal for final Plat/Plat Vacation and PUD approval. The final PUDA shall be approved by the City Council as part of their final approval for the project. Response: Acknowledged. A PUDA has been submitted with the Final Plat application. Prior to Issuance of Building Permits 15. The Applicant shall apply for and receive final Plat/Plat Vacation and PUD approval prior to the issuance of any building permits. To receive final Plat/Plat Vacation and PUD approval, all required Improvements set forth in the subsequent Street and Utility Development permit (street, driveway/fire lane, utility') and the approved Final Landscaping Plan must be installed ("with conveyance and acceptance by the City where applicable) or bonded for. The amount of the performance security for any bonded items shall be based upon the current cost estimate of all materials and construction costs, including applicable tax.. The performance security shall consist of a performance bond in a form acceptable to the City Attorney and in an amount acceptable to the Director and consistent with city code. Cash deposited in an escrow account may also be accepted by the City. All required landscaping plantings shall be installed within six months of approving the performance security unless a longer period of time is agreed to by the DSD Director The preliminary landscaping plan shall be revisedto include 10-foot landscaping along the western Madrona Ridge - 3 . 07-HEX Conditions Compliance-2024-12-31 property line as identified in Conclusion No. 7 of the staff report if not already Included in the landscaping plan. Response: Acknowledged. All improvements will be constructed or bonded prior to final approvals. The 10' landscape buffer can be found on Sheet 1 of the landscape set. Other Landscaping -Related Conditions 16. Prior to issuance of a Street and Utility Development permit (SDP) for the project, the applicant shall prepare and submit a Final Landscaping and Tree Conservation Plan (TCP) for review and approval by the DSD Director. The us of an carver caiculatian frr the ro'ect is ermine mar theTCP r PT 19.06.. hQwever,_a..s:.. a Pignned Unit Development PUD) gome Mo s rx��aitrtr(t tr�i�nr on each ihdiviu l l t ildln ermit a is w rr nt d. The submitted Final Landscaping and TCP must be prepared with sufficient detail on specific plant species, sizes, spacing and quantities to allow for adequate review by DSD. It must also include a proposed irrigation plan that will be installed as part of the installation. The submitted plan must be prepared using a scale capable of being read without magnification of either the plan text or planting area illustrations. The Final TCP must include l piertiaa t e« art 1 a c mmitment to P1an1jqgALkpst on (1 t, r unit cre i er r0l�Fential to . A notation on the face of the final PladPlat Vacation map as required by PTMC 19.06 will provide future purchasers with reference to the resulting TCP requirements Response: A Final Landscaping and Tree Conservation Plan was submitted prior to the issuance of SDP 24-043 and a notation has been provided on the face of the Final Plat specifying the Tree Conservation Plan requirements of one tree unit cred per residential lot. 17. All required landscaping shall be continually maintained in a healthy growing condition by the Homeowner Association. Dead or dying trees, shrubs or groundcover shall be replaced immediately, and the planting areas shall be routinely maintained. Revisions to the approved Landscaping Plan may also be required if the Director determines that the installed landscaping has failed to perform as designed. Response: Acknowledged and included in the CC&Rs 18. For landscaping approved within the adjoining street rights -of -way and/or within public easements or surrounding the 4 storm ponds, the Applicant shall provide a 3-year financial guarantee for their survivability. Trees or other approved plantings that die or become diseased within the guarantee period shall be replaced and shall initiate a subsequent 3-year period starting on the date of replacement. Response: A landscaping maintenance bond has been provided in accordance with City standards. Prior to Roadway, Pathway and Infrastruction Construction 19. To ensure compliance with City Engineering Design Standards, together with the public and private street and utility installations required by this decision, the following plans must be prepared and submitted with a completed application for a Street and Utility Development Permit (SDP). These plans shall be in substantial in conformance with the preliminary drawings submitted as part of the application (Ex. B) except where modified by thee approval conditions. These plans must be submitted, reviewed and approved by City engineering staff, and constructed or bonded for prior to final approval of any phase of the development. Madrona Ridge . 4 07-HEX Conditions Compliance-2024-12-31 a. Engineered plans for the public streets, private driveways and fire lane turnarounds serving this project including but not limited to the location of all driveways, turn around areas, sidewalks, and drainage facilities. Response: Civil engineering plans (SDP 24-043) were approved on June 13, 2024. b. Engineered plans for water service and sewer service for the project including provisions for lire hydrant(s) and compliance with Condition, Tract F: Utility easement from the north, west of Lot 145, that presently contains a fiber optic line. Staff notes this utility easement was intended to be occupied by a 10" water main running north to south through the site (Ex. F) that is called for in the City's Water System Plan (WSP). If Public Works staff determines there is inadequate separation between the fiber optic improvements and the preferred water main route to accommodate multiple utilities in Tract 1, the Applicant will need to propose an alternative route for the 10" water main that is acceptable to Public Works. Response: Civil engineering plans (SDP 24-043) were approved on June 13, 2024. This area is shown on Sheet 10. c. A final engineered stormwater drainage plan and report including construction drawings complying with the requirements of the Puget Sound Stormwater Management Manual and the Port Townsend Engineering Design standards must be submitted to DSD and approved by the Public Works Department prior to issuance of any building permits. Said plan and report shall include detailed operation and maintenance (O & M) provisions for the completed facilities which will become a responsibility of the Madrone Ridge N'OA to ensure. Once approved by City engineering staff, the O&M provisions must be formatted by the applicant (or their engineer) in a mariner which facilitates their incorporation into the required Planned Unit Development Agreement (PUDA) and CC&R s. Response: Civil engineering plans (SDP 24-043) including Stormwater Report were approved on June 13, 2024. The O&M is included with this submittal. d. A. finalengineered non -motorized trail plan meeting all applicable requirements of City - adopted plans (Non -Motorized Transportation and Engineering Design Standards) and the plans approved by this decision. The non -motorized trail constituting the City's future Loop Trail system (in 15th St. to Rainier and along the north side of Madrona ,Blvd.) shall be paved and meet the standards of the Parks Recreation and Open Space Plan, All other trails shall be maintained by the Homeowners Association. Conditions related within and around wetland buffers also apply — See Below Section on CRITICAL AREA PERMIT CONDITIONS The Final Non -Motorized Plan shall include a continuous pedestrian connection on the west side of Rainer St. between the RainierlDiscovery roundabout and the project south property line at 15th St. Staff has recommended that the shared Multi -Use pathway on the west side of Rainier St. be constructed by the Applicant so it is continuous from north of the Discovery Rd. roundabout near 12th St.. to 15th St. as offsite improvements along with the proposed Rainier St. frontage improvements of sidewalk and a bike lane across the entire project frontage between the north property line and 15th St. Staff also recommends installation of a crossing to the east side of Rainier St. at 15th St which is already improved asphalt Multi -Use pathway. Response: The non -motorized trail plan was included in the civil plans (SDP 24-043) that were approved on June 13, 2024. Please see Sheets 56 & 57 of the approved civil plans under permit SDP 24-043 for on- and off -site street sections. Madrone Ridge - 5 07-HEX Conditions Compliance-2024-12-31 20. Street lighting shall be dark sky compliant and minimized in conformance with the City's Street lighting policy (Ordinance 3271). Response: Acknowledged. Conditions Related to the Plat(Plat Vacation 21. The applicant shall provide a mylar reproduction of the Plat/Plat Vacation to DSD for review and approval (5 paper copies and one electronic . pdf version) as part of the final Plat/Plat Vacation and PUD approval process. Said mylar shall contain the acknowledged signatures of all parties having an ownership interest in the subject property as evidenced by a plat certificate prepared by a local title company. Said plat certificate, or any update provided, shall be less than 30 days old. The approved Plat/Plat Vacation shall not become effective until the mylars required for recording have been filed with the Jefferson County Auditor. While the City will assist in recording the Plat/Plat Vacation mylar, the Applicant is responsible for all fees associated with recording. All property taxes due and owing on the subject property must be paid in full prior to obtaining the signature of the Jefferson County Treasurer. The location of critical areas and their buffers shall be depicted on final mylars. Response: A plat certificate dated December 2nd, 2024, is provided with this submittal. OtherlOngoing Conditions 22. No road approaches onto Madrona Blvd. are permitted unless otherwise approved by the Public Works Dept Lots 21, 30, 39, 59 through 68, 91, 92, 97, 105, 113, 121, 129, 137 and 167 shall all gain vehicular access via the project's side streets. Response: Acknowledged. The plat has been revised to eliminate vehicular access from homesites directly onto Madrona. All lots face the community's local streets. 23. Future occupancy of any units shall be subject to all applicable provisions of the Port Townsend Municipal Code (PTMC), including zoning, subdivision and the Engineering Design Standards. Response: Acknowledged. 24. Four (4) existing and recorded easements encumber the site (AFN 24037Z 312280, 449206, 596561) and are shown on the submitted site plans (Ex. B). Response: Acknowledged. 25. AFN 240372 contains a fiber optics line runs north to south through the western portion of the site. Circumstances surrounding this easement and the need for water system improvements in the vicinity were described in Condition 17.b. As shown, this easement would also render two (2) proposed lots (Lots 53 and 64) unbuddable unless those improvements are relocated or the 2 lots reconfigured. The Applicants bears responsibility to work with the underlying beneficiary of this fiber optic easement to arrange for it's relocation, otherwise these 2 lots must be eliminated or reconfigured within the Plat. Response: Lots 53 and 64 have been reconfigured and Tracts T and F have been added to the final plat to accommodate the existing fiber optic cable. 26. As a public easement, AFN 596561 will be converted to dedicated right-of-way along 15th St. and can be extinguished as such as part of the final Plat/Plat Vacation and PUD approval process. Similarly, AFN 449206 - which is a private access & utility easement can be released by the underlying owner during final project processing. Madrona Ridge . 6 • 07-HEX Conditions Compile nce-2024-12-31 Response: Acknowledged. The applicant will extinguish AFN 596561 and AFN 449206 as part of the Final Plat/Plat Vacation approval process. 27. AFN 312280 is a 40' wide exclusive access and utility easement running along the southwest project boundary This easement appears to benefit other properties outside of the PlatlPlat Vacation. The preliminary Plat map indicates this easement will be extinguished. Fortunately, AFN 312280 does not encumber any of the proposed residential lots; however, as part of final Plat/Plat Vacation and PUD processing, the Applicant must demonstrate all easement beneficiaries have agreed to it being released and/or extinguished or an co.-flictin im _r velnent n?.tL4t use r lz catpd outside f theaasement area. Response: Acknowledged, the easement will be extinguished. 26. If the proponent proposes to add any development signage, it may be necessary to obtain a sign permit. Please contact the DSD Department for signa,ge requirements prior to ordering, fabricating or installing any signs. Response: Acknowledged. Critical Area Permit Conditions 29. A Monitoring and contingency plan will be required to ensure success of the re -seeding of the wetland buffer. The applicant shall post a performance bond in the amount of 1'20 percent of the expected cost. Mitigation shall not be implemented until after the department approves the site mitigation and monitoring plan, The applicant shall notify the department when mitigation is installed', and monitoring is commenced and shall provide the city with reasonable access to the mitigation for the purpose of inspections during the monitoring period, Response: A Monitoring and Contingency plan will be provided for the wetland buffer and a performance bond will be submitted in accordance with City standards. 30. All construction activities shall comply the Engineering Design Standards and employ Best Management Practices to control erosion/sedimentation. Response: Acknowledged. 31. Applicants shall indicate erosion control measures on the site construction plan or stormwater control management plan, as appropriate for the project. These requirements shall be In place following the preconstruction meeting outlined in PTMC 19.05.040(F)(1)(R)(1) and shall be reviewed and approved prior to clearing and grading. Response: Please see Sheets 14-18 of the civil plans approved under SDP 24-043 for erosion control details. 32. The trail proposed around Wetland C-3 must be located to the outer 25% of this wetland's buffer. All constructed trails must be field located in such a way to avoid impacting any trees and limit impacts to soil, hydrologic features, shrubs, and habitat features. Response: We understand the trail around Wetland C-3 was reviewed under the approved civil plans SDP 24-043. Madrona Ridge - 7 • 07-HEX Conditions Compliance-2024-12-31 2.0 Minor PUD/Plat Modification City File No. LUP22-045 Decision Issued August 11, 2022 Conditions 1. Except as modified by this decision and detailed in Exhibit E Applicant Response to staffs July 27,2022, email dated August 3,2022, and Exhibit F Revised Phasing dated August 3, 2022, the developer shall comply with all conditions of approval set forth in the Hearings Examiner Decision (Exhibit C). Response: This plat complies with all Conditions of Approval from the Hearing Examiners Decision dated March 28, 2022 and the Minor Amendment decision dated August 11, 2022. 2. Condition #29 of the Hearings Examiner Decision requires implementation of a monitoring and contingency plan to mitigate for wetland impacts. Restoration will take place with each respective phase and will trigger a maintenance bond for each. Response: A Monitoring and Contingency plan will be implemented to mitigate wetland impacts in accordance with required City procedures. 3. All modifications shall be documented of record in the Phase I and Phase 11 Final Plats and planned unit development agreement or otherwise as determined by the director, in a form prepared by the applicant and approved by the director and recorded at the applicant's cost. Response: Acknowledged. Madrona Ridge - 9 - 07-HEX Conditions Compliance-2024-12-31 3.0 to Re uired Miatmation Measures City File No. LUP21-067 Issued January 19, 2022 During Construction 1. All recommendations of the Applicant's geo-technical report (Ex. H) must be adhered to during both the infrastructure and future home construction phases. Staffs recommendation to the Hearing Examiner will specify those measures be included in the resulting Planned Unit Development (PUD)Agreement and any Restrictive Covenants, CC&R's or similar privately established agreements. Response: Acknowledged. 2. If historic or cultural resources are discovered during clearing, grading, site excavation, or other construction activities, work shall be stopped immediately and the DSD Director and the State Historic Preservation Officer shall be contacted. Work could not resume until approval is obtained from the Development Services Department. Response: Acknowledged. 3. All exterior building mounted lights shall be hooded or shielded, flat lenses and pointed downward. The use ofmercury vapor orhaiogen lighting on the exteriorof any structure is prohibited. Revisions to the exterior lighting on any resulting dwelling may be required if the DSD Director determines that installed lighting fails to meet the above performance standards. These lighting restrictions shall be placed into the PUD Agreement and any Restrictive Covenants, CC&R's or similar privately established agreements to ensure the exterior lighting limitations are provided to potential purchasers. Response: Acknowledged. 4. The Applicant, through a subsequent Homeowners Association (HOA), is responsible for maintenance of all open spaces required through the PUD process as well as for all publicly accessible trails not improved to a City-adopled hard surfaced standard and located within a public dedication (i.e., right-of-way or public easement). The final PUD Agreement for Madrona Ridge must include language acknowledging this requirement together with adequate provisions governing their on -going maintenance. The form and content of these maintenance obligations shall be prepared by the Applicant and submitted to DSD for review and approval, in concert with the Public Works Department and the City Attorney. An public trails shall be signed consistent with the City's Non -Motorized Transportation Plan as part of the SDP approval process. Response: Acknowledged. Madrona Ridge .9. 07-HEX Conditions Compliance-2024-12-31 WHEN RECORDED, RETURN TO: LENNAR 33820 Weyerhaeuser Way S, #210 Federal Way, WA 98001 Attn: Natalie Satt, Entitlements Manager Document itle eclaration of Coven ants, Conditions, and Restrictions for TD Madrona Ridge � �-� --- Reference Number of Related (Phase 1 Plat .. , .. _ ..._.... .._ _, ...-- Document Map) Lennar Northwest it a Delaware limited � Grantor LLC. ' ed liability company __ vv m, Lennar Northwest LLC. a Delaware limited liability Grantees . ... ... .... �_ .�.. , , company Madrona Ridge Homeowners Association, a Washington nonprofit corporation Madrona Ridge, a plat community f the and S/41of Secth9, ON, RI d the al Description . .A�..... Portion4 and SW 1/ E / and S _.1/ o ..-h _�...., . NW Abbreviated Le ..W., g P 1/ W, W.M., Jeferson County, Washington _ _................ ... ... Tax Parcel Numbers 001091002;00109 005; 0 e 001092005; 001092006; 973800201; 973800301 4935-3867-9301, v. 7 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR MADRONA RIDGE This Declaration of Covenants, Conditions, and Restrictions for Madrona Ridge ("Declaration') is made p y y,_ _ , 2025, by Lennar Northwest LLC., a Delaware limited liability company this(("Declarant"), the owner of certain real property situated in Jefferson County, Washington, which property is more specifically described on Exhibit A, attached hereto and incorporated herein ("Real Property"), RECITALS Declarant desires to develop the Real Property as a plat community to be known as Madrona Ridge ("Plat Community"). Declarant also desires to create common elements and facilities for the benefit of the Plat Community and to provide for the preservation of the natural values in the Plat Community. Where a term is defined in Chapter 64.90 of the Revised Coded of Washington ("RCW"), known as the Washington Uniform Common Interest Ownership Act ("Act"), and is not otherwise defined herein, such term will have the meaning given to it by the Act. This Declaration establishes a plan for the private ownership of Units (defined below) and the buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the "Common Elements." The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Elements, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real Property, as defined herein, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Plat Community for the benefit of the Unit Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration and the Act shall be binding upon all parties having or acquiring any right, title, or interest in the Real Property or any part thereof and shall inure to the benefit of the Unit Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1. DEFINITIONS Section 1.1 "Act" means the Washington Uniform Common Interest Ownership Act, Chapter 64.90 of the Revised Coded of Washington ("RCW"). Section 1.2 "Association' means the Madrona Ridge Homeowners Association, a Washington nonprofit corporation, and its successors and assigns. Section 1.3 "Association Action' means a written corporate action of the Association in the form of either a bylaw or resolution duly passed by either the Board or the Unit Owners. Section 1.4 "Board" or "Board of Directors" means the board of directors of the Association with primary authority to manage the affairs of the Association. -2- 4935-3867-9301, v. 7 Section 1.5 "Common Elements" means real estate other than a Unit within the Plat Community, owned and/or maintained by the Association. As of the date of this DmIaration, the Corninon Elements consist of: all Common Elements depicted on the Map, including without limitation, the roads and sidewalks, and recreational areas, street lighting, and required landscaping and landscaping buffers, all as identified and/or illustrated on the Map, recorded in the real property records of Jefferson County. Section 1.6 "Common Expenses" means any expense of the Association, including allocations to reserves, as provided for in the Act and this Declaration. Section 1.7 "Declarant" means the entity described on the first page of this Declaration and its respective successors and assigns. Nothing contained herein shall be decined or construed by the Association or by any third party, to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the signatories hereto. Section 1.8 "Declarant Control Period" means the period of titne from the date of recording of this Declaration until the earlier of (a) sixty (60) (lays after conveyance of seventy-five percent (7'5%) of the Units that may be created to thift Owners other than Declarant; (b) two (2) years after the Iasi conveyance of a tillit, except to a dealer; (c) two (2) years after any right to add new Units was last exercised; or (d) the day Declarant, after giving notice in a record to Unit Owners, records an amendment to this Declaration voluntarily surrendering all rights to appoint and remove officers and Board members. A partial delegation of authority by the Declarant of any of its management duties describe(,] in the Declaration shall not tenrinate the Declarant Control Period. Section 1.9 "Declaration" means this instrument, as it may be supplemented or amended from time to time. Section 1.10 "Development Right" means those rights of Declarant reserved in Article 13 and elsewhere in the Declaration. Section 1.11 "Governing Documents" means this Declaration, the Map, the articles of incorporation, bylaws and rules and regulations of the Association, or any other written instrument by which the Association has the authority to exercise any of the powers to nianage, maintain, or otherwise affect the Plat Community, as any of the foregoing may be amended from time to time. Section 1.12 "Map" means the final plat of Madrona Ridge recorded under Jefferson County recording no. _, _ . . ...... Section 1.13 "Mortgagee" means the holder of a security interest on a Unit. Section 1.14 "Real Property" means that certain real property, legally described on 11,_xbibit A attached hercto, and such additions thereto as may be brought within the terms and conditions hereof' by an appropriate recording. Section 1.15 "Reserve Account" has the meaning set forth in Section 3.12 of this Declaration. Section 1.16 11jeserve Component" means a physical component of the Plat Coinalunity which the Association is obligated to maintain, repair or replace, which has an estimated useful life of less -3 - 4935-3867-9301, v. 7 than thirty (30) years, and for which the cost of such maintenance, repair or replacement is infrequent, significant and impractical to include in an annual budget. Section 1.17 "Reserve Study Professional" means an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with the Act. Section 1.18 "Significant Assets" means that the current replacement value of the major Reserve Components is seventy-five percent (75%) or more of the gross budget of the Association, excluding the Association's Reserve Account funds. Section 1.19 "Structure" includes any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run or the like. Section 1.20 "Tract" means any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Units and Common Elements. Section 1.21 "Unit" means any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Tracts and Common Elements. As indicated on the Map, the Plat Community shall initially include 93 Units but may include up to a maximum as allowed under Port Townsend Municipal Code. Declarant anticipates that additional Units, if any, would result in a total number of Units that is 300 Units or less. Section 1.22 "Unit Owner" or "Owner" means the record owner (whether one or more persons or entities) of a fee interest in any Unit, including Declarant but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Unit Owners as against their respective sellers or assignors. ARTICLE 2. MADRONA RIDGE HOMEOWNERS ASSOCIATION Section 2.1 Description of Association. The Association is a nonprofit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Documents of the Association other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. The Association shall have a perpetual existence. Upon dissolution or final winding up of the Association entity under the laws of the State of Washington, all of its assets remaining after payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the Association entity in accordance with the Articles of Incorporation, Bylaws, and provisions of RCW 24.03A and the Act. In the case of any conflict between the provisions of RCW 24.03A and the Act, the Act shall control. The Unit Owners are responsible for providing that the Association continues to be a functioning legal entity. In the event of dissolution of the Association, all ongoing maintenance responsibilities of the Association established in the Governing Documents shall remain binding upon the Unit Owners individually and collectively. Each Unit Owner shall continue to be responsible for their proportionate share of all maintenance costs and obligations as established in this Declaration. The City shall have the right, but not -4- 4935-3867-9301, v. 7 the obligation, to perform any maintenance responsibilities neglected by the Unit Owners following dissolution and to assess all costs equally to all Unit Owners, which assessment shall constitute a lien against each Unit. Section 2.2 Association Board. During the Declarant Control Period, Declarant, or persons designated by Declarant, shall have the power to appoint or remove any nlenibcr of the 13oard. Notwithstanding the foregoing, no later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Unit Owners other than Declarant, at least one (I ) member and not less, than twenty-five percent (25%) of the members of the Board must be elected by Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty, percent (Y'NO) of the Units that alay be created to Unit Owners other than Declarant, not less than thirty-three and one-third percent (33.33%) of the members of the Board must be elected by Unit Owners other than Declarant. Until such members arc elected and take office, the existing Board may continue to act on behalf of the Association. Within thirty (30) days after the termination of the Declarant Control Period, the Board must schedule a transition meeting and provide notice to the Unit Owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the Board elected by the Unit Owners must be elected in accordance with RCW 64.90.410(2). Within thirty (30) days after the transition meeting, Declarant shall deliver the materials required by RCW 64.90.420 to the Association. Within sixty (60) days after the transition meeting, the Board shall retain the services of a certified public accountant to audit the records of the Association as of the date of the transition meeting in accordance with generally accepted accounting standards, unless a majority of the members elects to waive such audit. Section 2.3 Votes Appurtenant to Units, Every Unit Owner shall be a member of the Association, The Unit Owner(s) of a Unit shall be entitled to cast one (1) vote ill the Association for each Unit owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest ill tile tillit to which it relates, A vote shall not be separated froin, ownership of flic'Unit, Unit Owner voting shall be governed by RCW 64,90.455, as it niay be amended. Unit Owners or their proxies nlay vote in person or remotely, with reasonable measures taken by (he Association to verify tile identity of the Unit Owner and proxy, as well as paper and electronic ballots. Section 2.4 Unit Owner's Compliance. By acceptance of as deed to a Unit, recording of a real estate contract conveying, title to a Unit, or any other means oCacquisition of an ownership interest, tile Unit Owner thereof covenants and agrees, on behalf of himself and his or her heirs, successors, and assigns to observe and comply with the terms of the Map, this Declaration, the Governing Documents of the Association, and all rates and regulations duly promulgated pursuant to Association Action. Section 2.5 Bylaws, Rules and Regulations. The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property, provided that such rules and regulations shall not be inconsistent with this Declaration and during the Declarant Control period, must be approved in writing by Declarant. The rules and regulations shall apply uniformly to all Unit Owners, except as specifically provided licrein. Thel3oard sllIll have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties liar" the violation of such rules and regulations, including, but not limited to, suspension of the right to use the Common Elements or portions thereof*. I'lle Board inusit, before adopting, aniending or repealing any rule, give all Unit Owners :riot ice of. (a) its intention to adopt, amend or repeal a rule and provide the text or the role or tile proposed change; and (b) as date on which the Board will act on the proposed rule or aniendinent, after considering coinnients froin Unit Owners. Following adoption, amendirient or repeal of a rule, the Association must give notice to the Unit Owners of its action and provide, a copy of any new or revised -5 - 4935-3867-9301, v. 7 rule. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association. Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the Association. Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements. The Association, acting through its agents and employees, shall have the right to have access to each Unit from time to time as may reasonably be necessary for inspection, maintenance, repair or replacement or improvement of any of the Common Elements accessible therefrom, or for making repairs or remedying conditions, including removing dangerous structures, on a Unit as deemed necessary by the Board, in the Board's reasonable discretion, to prevent damage to the Common Elements or to other Units or improvements thereon, or for any emergency situations. The cost of work necessary to remedy such conditions caused by or refused to be corrected by the Unit Owner shall be a special assessment on such Unit Owner and his or her Unit only. The Association's right provided in this section shall be exercisable after seven (7) days' notice to the Unit Owner and an opportunity to be heard if requested by the Unit Owner, and approval by a two-thirds (2/3) majority vote by the Board. The foregoing notice shall not be required in the event of an emergency situation, as determined by the Board in its reasonable discretion. Section 2.7 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the bylaws or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Section 2.8 Special Declarant Rights. Subject to the Act, Declarant shall have the right to the following until Declarant has conveyed all Units in all phases of the development, including Phase 2 and any subsequent phases, or for a period of ten (10) years following the sale of the first Unit within the Plat Community by Declarant, whichever is later; (a) Complete any improvements indicated on the Map or described in this Declaration or the public offering statement pursuant to RCW 64.90.610(1)(h); (b) Exercise any Development Right; (c) the right of Declarant, its assignees and licensees, including but not limited to builders designated in writing by Declarant, to construct, install, replace, relocate, maintain, repair, use and enjoy signs, model residences, construction trailers and sales and leasing offices in the Community; (d) Use easements through the Common Elements for the purpose of making improvements within the Plat Community or within real property that may be added to the Plat Community; (e) Make the Plat Community subject to a master association; (f) Merge or consolidate a common interest community with another common interest community of the same form of ownership; (g) Appoint or remove any officer or board member of the association or any master association or to veto or approve a proposed action of any board or association; (h) Control any construction, design review, or aesthetic standards committee or process until Declarant no longer owns any Units; -6- 4935-3867-9301, v. 7 (i) Attend meetings of the Unit Owners and, except during an executive session, the Board; and 0) Have access to the records of the Association to the same extent as a Unit Owner (collectively, the "Special Declarant Rights"). (k) Notwithstanding any provision of this Declaration to the contrary, at all times, Declarant, its assignees and licensees, including but not limited to builders designated in writing by Declarant, will have the right and privilege, as strictly authorized under Port Townsend Municipal Codes and conditions of approval: (i) to erect and inaintaain within the Plat Community advertising signs (illuininated or nonwillurninatccl), billboards,, flags„ other marketing and sales devices, and banners for the purpose of aiding tlie sale and leasing of Units ill the flat Coirunaunity; (ii) to rnaintain improvements capon linits to assist with Unit sales„ leasing and marketing, including without linailati.on sales, leasitng, rrnodel, nnanangement, business and construction, offices; and (iii)'to maintain and locate ca.n1itruction trailers, tooK equipment and materials within the Plant Connnunity. Development and constrLiction activitics, and the location and maintenance of signs, flags, banners, trailers, tools,. equipment and rnatcrials within the Plat Community by Declarant and builders and licensees designated in writing by Dcclarant, will not be considered a nuisance. (1) Collectively, the rights reserved to the Declarant as set forth in this Declaration shall be known as the "Developer Rights", and Declarant hereby reserves the right and privilege at all times for itself and its assignees and licensees and their successors to exercise the Developer Rights. [1Zxcept as otherwise provided in this Declaration, all Special Declarant Rights shall expire: anpon Declarant's conveyance of all Uiiits in all phases cal the development, including Phase 2 and any subsegtient phases Or ten (10) years after the conveyance of the first Unit in the Plat Conimurnity, whichever is hater°; provided, that Declarant nnaa'y voluntarily terminate any and all such rights at any time by recording an amendment to the Declaration, which amendment specifies which rights are thereby terminated. Section 2.9 Association Property. The Association, through action of its Board, may acquire, hold and dispose of tangible and intangible personal property and real property. Section 2.10 Resale Certificates. A resale certificate for any Unit in the Community shall include the information required by the Act, including without limitation RCW 64.90,640. Section 2.11 Merger or Consolidation. This Community may be merged or consolidated with one or more other common interest communities into a single community by exercise of a special declarant right, in accordance with RCW 64.90.310, without unit owner approval. Section 2.12 Limitation on Acquiring Foreclosed Unit. No member of the Association's Board, or their immediate family members or affiliates, are eligible to bid for or purchase, directly or indirectly, any interest in a Unit at a foreclosure of the Association's lien. For thre purposes of this subsection, `immediate family member' includes spooses, domestic partners, children, siblings, pageants, parents -in-law, and stcpfamil.y members; and `affiliate' of a board enneinnber includes any person controlled by the boardrnember, including any entity in which the Board member is a general partner, managing member, majority member, officer, or director. _7- 4935-3867-9301, v. 7 ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1 Unit Owner's Covenants to Pay Assessments. By acquisition of any ownership interest in a Unit, the Unit Owner thereof covenants and agrees thereby, on behalf of himself or herself and his or her heirs, successors, and assigns to pay the Association, in advance, all general and special assessments levied as provided herein. Assessments for Common Expenses and those specially allocated expenses must commence on all Units that have been created upon the conveyance of the first Unit in the Plat Community; however, Declarant may delay commencement of assessments for some or all Common Expenses or specially allocated expenses, in which event Declarant must pay all of the Common Expenses or specially allocated expenses that have been delayed. If any Units are added pursuant to reserved development rights, Declarant may delay commencement of assessments for such Units in the same manner. Section 3.2 Specially Allocated Expenses. Pursuant to RCW 64.90.480, the Association shall specially allocate certain expenses as follows: (a) Expenses benefiting fewer than all of the Units, or the Unit Owners of such benefited Units exclusively, must be assessed against the Units benefited, with the expenses allocated evenly between the benefited Units. (b) Assessments to pay a judgment against the Association may be made only against the Units in the Plat Community at the time the judgment was entered, in proportion to their Common Expense liabilities. (c) Expenses relating to damage to or loss of property, caused by the: (a) willful misconduct or gross negligence of the Unit Owner or the Unit Owner's tenant, guest, invitee, or occupant; (b) failure of the Unit Owner to comply with a maintenance standard prescribed by this Declaration or a Rule, if the standard contains a statement that an Owner may be liable for damage or loss caused by failure to comply with the standard; or (c) negligence of the Unit Owner or the Unit Owner's tenant, guest, invitee, or occupant. Before assessing such expenses, the Association shall provide to the Unit Owner notice and an opportunity to be heard. (d) In the event of a loss or damage to a Unit that would be covered by the Association's property insurance policy, excluding policies for earthquake, flood, or similar losses that have higher than standard deductibles, but that is within the deductible under that policy, the Association may assess the amount of the loss up to the deductible against that Unit. This subsection does not prevent a Unit Owner from asserting a claim against another person for the amount assessed if that other person would be liable for the damages under general legal principles. Section 3.3 Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. Declarant shall adopt the initial operating budget for the Association. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including, but not limited to, all management and administration costs, operating and maintenance expenses of the Common Elements, and services furnished to or in connection with the Common Elements, including the amount of all taxes and assessments levied against, and the cost of liability, property and other insurance on, the Common Elements, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association's annual expenses shall be raised -8- 4935-3867-9301, v. 7 frorn a general assessment against cacti Unit Owner as provided herealler. After adoption Ofthe Operating budget, the Association rnay revise the operating bridges at any tinge and from time t<t time, it' accORla"00 with the procedures set forth in Section 3.3(a) below, as it, deems ticcessary or advisable in order to take into account and defray additional costs and expenses of the Association. (a) 11rior to adopting the proposed regular budget, the Board shall submit the proposed Common Element Budget to the Common Element ( ' , t)nAinittee in accordance with Section 7.3 below. Within thirty (30) (lays after adoption by the Board of ally proposed regular or special budget of the Association, the Board shall provide a copy of the proposed budget to, all Unit Owners and set a datc fora meeting of the Unit Owners to consider ratification, ofthe budget not less, than foulleen (14) nor more than fifty (50) days after providing the budget, 1jilless at that ineefing the Unit Owners to wilich a majority of the votes it) the Association are allocatcd reject the budget, in person or by proxy, the budgct and the assessments agairist the Uriits included in the budget are ratified, whether or not quorum is pl-CS01t. If the proposed budget is rejected, or the required notice is not given, the periodic budget last rafificd by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board. (b) 1' Ludgg! OrY. As part of the summary of the budget provided to all Unit Owners, the Board shall disclose to the Unit Owners: The projected income to the Association by category; (ii) The projected Common Expenses and those specially allocated expenses that are subject to being budgeted, both by category; (iii) The amount of assessments per unit and the date the assessments are due; (iv) The current amount of regular assessments budgeted for contribution to the Reserve Account; (v) A statement of whether the Association has a Reserve Study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of the reserve study; and (vi) The current deficiency or surplus in reserve funding expressed on a per Unit basis. Section 3.4 Levy of General Assessment. In order to meet the costs and expenses projected in its <,)perating budget, the Association shall deterniine and levy in advance on every Unit a general assessment, which shall become effective only after the Board rollows the procedure for ratification of a budget described in Subsection 3.3(a) and the Unit Owners do not reject the proposed assessment. The aniount of cacti Unit's general assessment shall be the amount of the Association's operating budget divided by the sum of the inaliber of,"Unils.The ornission by the Association, before the expiration of ally assessment period, 1() fix the aniolinit of the general assessment hereunder for that or the next period, shall not, be deenied a waiver or modification in ally respect of the provisions of this article or a release by any Unit Owner froll) the obligation to pay the gencral assessment, or any installment thercof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period sligill continue until a rlew assessment is fixed. Upon any revision by the Association of the operating budget during the assessment -9- 4935-3867-9301, v. 7 period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Units and give notice to each Unit Owner in accordance with Subsection 3.3(a). Section 3.5 Payment of Assessment. Installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board and ratified by the Unit Owners in accordance with Section 3.3(a). Unless the Board otherwise provides, one -twelfth (1/12) of the General Assessment shall be due in advance on the first day of each calendar month. Any Unit Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.6 Nondiscriminatory Assessment. Except as otherwise specifically provided herein, no assessment shall be made at any time which may unreasonably discriminate against any particular Unit Owner or group of Unit Owners in favor of other Unit Owners. Section 3.7 Commencement of Assessments. Liability of a Unit Owner for assessments shall continence on the date upon which any instrument of transfer to such Unit Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Unit) or, if earlier, the commencement date of Unit Owner's occupancy of such Unit. Upon the initial closing on any Unit from Declarant, the buyer thereof shall pay a one-time assessment in the amount of Five Hundred Dollars ($500,00). This amount shall be in addition to any assessment established by the Association, and shall be paid by all buyers, including builders. Section 3.8 Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Unit are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.9 Special Assessments. In addition to the general assessments authorized by this, the Association may, by following the same procedure for ratification of a budget set forth in Subsection 3.3(a), levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Elements, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessment. Section 3.10 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Unit assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Unit, recording of a real estate contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Unit Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Unit Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association and shall arise in accordance with the terms of this Declaration without the necessity of -10- 4935-3867-9301, v. 7 any further action by the Association. The Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Unit foreclosed against. Section 111 Duration of Lien. Any lien arising pursuant to this Article shall be a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the per-s011 Or clItitY Who is the Unit Owner of the Unit at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by thein; provided, however, that in (lie case of a sale or contract for the sale of any Unit which is charged with the payment of an assessment, (lie person or entity who is the Unit Owner imnlediately prior to the (late of such sale shall be per liable for the amounts of the monthly installments due prior to said date, and the new Unit Owner shall be personally liable for monthly installments beconling due on or after such datc. The f(,iregoirig limitation on the duration of the personal obligation of a Linit Owner to pay assessments shall not, bowever, affect the validity or duration of the continuing lien for unpaid assessments ,against Ille respective Unit, Section 3.12 Reserve Account for Repair or Replacement. Unless the Plat Community has nominal reservecosts Or the cost of a reserve study or update exceeds ten percent( ' 10%) of the Associatiorl's annual Conlillon FxPellsos the Association shall establish and maintain a reserve fund for major maintenance, repair or replacenicrit of the Common Elements and any improvements thereon ("Reserve Account"). Such Reserve Account shall be deposited with a banking institution, and in the name of the Association. The Reserve Account shall be expended only for the purpose of affecting the InliM maintenance, repair or replaccrrient of the Cornmon Elements and any improvements and conuriullitY facilities thereon, and to any sidewalks, roads, walls or pathways developedas a part of the Plat ComillunitY, equipment replacement, and for operating contingencies ofa nonrecurring nature. The Board is responsible for adiltillistering the Reserve Account, By the tenth year Hallowing the conveyance of the rirst Unit,, the Association shall establish a 111initylurn reserve of$150,000 specifically for stormwater 1"acilities, adjusted arlijually according to the All West Urban ConSLITnCr Price Index. This reserve alliOunt is in addition to othcr reserves that may be established. The Association Illay establish such other reserves for such other purposes as, it may from time to time consider to be necessary err appropriate. the proportional interest Of ally Unit Owner in any such reserves shall be considered all appurtenance Of his or her Unit and shall not be separately withdrawn, assigned, or transferred firom the Unit to which it appertains. Section 3.13 Withdrawals from Reserve Account. The Board may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the Reserve Components. Any such withdrawal must be recorded in the minute books of the Association. The Board must give notice Of any such withdrawal to each Unit , Owner and adopt a repayment schedule 110t 10 exccc(l twelity-four (24) months unless the Board determines that l,cj%iyjjlcjlt within twenty-four (24) months would irnpose an unreasonable burden on (lie Unit Owners,The Board rnust provide to Unit Owners along, kvith the annual budget adopted in accordance with Section 33: (a) notice Of any such withdrawal; (b) a statement of the current deficiency in reserve 'funding expressed oil a per unit basis; and (c) tile repayment plan, The Board may willidrmv funds from the Reserve Account Without StItisfYing, the notification for repayment roquirenlents, under this section to pay for replacement costs of Reserve Components not included in the reserve study. Section 3.14 Reserve Studies. The provisions of this section arc intended to summarize the requirements for reserve studies as provided in RCW 64,9M45 — 64.90.560, and in the event of any conflict with the provisions herein, the statutory provisions shall control. 4935-3867-9301, v. 7 (a) Ilya "ctert'p'iulati"on. Unless exempt under Section 3.12, the Association must prepare and update a reserve study in accordance with this RCW 64.90.550 ("Reserve Study"). An initial Reserve Study must be prepared by a Reserve Study Professional and based upon either a Reserve Study Professional's visual site inspection of completed improvements or a review of plans and specifications for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection conducted by the Reserve Study Professional. (b) 1 knit Owner D n'an d. When more than three (3) years have passed since the date of the last Reserve Study prepared by a and. Study Professional, the Unit Owners to which at least twenty percent (20%) of the votes are allocated may demand, in writing, to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that budget year. The written demand must refer to RCW 64.90.555. The Board shall, upon receipt of the written demand, include the cost of a Reserve Study in the next budget and, if that budget is not rejected by the Unit Owners pursuant to Section 3.12, arrange for the preparation of a Reserve Study. Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies. Monetary damages or any other liability may not be awarded against or imposed upon the Association, its officers, the Board, or those persons who may have provided advice or assistance to the Association, its officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study prepared or updated in accordance with the requirements of the Act and this Declaration; or (c) make the required disclosures in accordance with Subsection 3.3(b) and the Act. Section 3.16 Failure to Comply Does Not Relieve Unit Owners. A Unit Owner's duty to pay assessments is not excused, and a budget ratified by the Unit Owners is not invalidated, because of the Association's failure to comply with the Reserve Study or Reserve Account requirements. Section 3.17 Certain Areas Exempt. The Tracts and all portions of the Plat Community dedicated to and accepted by a public authority shall be exempt from assessments by the Association. Section 3.18 Secret Ballot. The following votes of Unit Owners shall be conducted by secret ballot: (a) Election of Board members, (b) removal of Board members or officers, and (c) amendments to the Declaration or Governing Documents. Section 3.19. Notices. Electronic addresses of Unit Owners who have opted -in to keep such information confidential shall not be disclosed. ARTICLE 4. ARCHITECTURAL CONTROL. COMMITTEE Section 4.1 Architectural Control Committee. An Architectural Control Committee ("Committee") consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until such time as Declarant no longer owns any Units. After Declarant no longer owns any Units, the Board shall have the power to appoint and remove the members of the Committee. -12- 4935-3867-9301, v. 7 Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans and specifications for construction ofall residences and other Structures within the: Plat Community, including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation. Until Declarant no longer owns any (.hints, a prospective Unit Owner shall submit architectural and landscaping plans and specifications to the Committee for its review prior to closing the purchase of a limit. Prior to submittal to the Committee, the Unit Owner shallverify all in1provenIcIlts 111cet all local municipal codes. The Committee assumes no liability and holds no authority t.cr approve, permit, Or allow any construction on behalf of the local governing authorities.1'he C0111iniacc shall adopt and publish rules and procedures for the review Of Such playas and speci fications. it shall be the obligation of each Unit Owner or prospective Unit Owner to be familiar with (tie rules and procedures of the Co"I'llittee. As Conditions precedent to approval cal" any matter suburritted to it, t)"ic C0n)tnittcC shall find - (a) (:q1WAsqnt with Declaration. The approval of the plan is in the best interest of the Unit Owner and consistent with this Declaration. (b) Qqij 1a,ktLl �tiqos. General architectural considerations, including relationship and layout of Structures to natural features and adjacent homes, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements have been designed to be compatible with the overall design of the Plat Community. (c) Site Considerations, General site considerations, including site layout, relationship cal' site to vegetation, natural features, open space and topography, orientation and lomitions of buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences and similar clenicirts have been designed to be compatible with the overall design, of the Plat C0111munitY. (d) U_IASSLapC� General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas and similar clements have been considered to CHSLIrc Visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Unit Owners in general and the enhancement of the property values in 1he Plat Community. (e) aiding. Without limiting the foregoing, each residence, intprovenient or Structure constructed on a Unit shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, an(l similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvi 1, cultured stone, brick, stone, or similar material), and/or wood or wood -type siding niaterial. All paints or natural finishes shall be those colors commonly known as earth tones. (f) llo(L fulg. The roof shall be a composition roof with a 30-year life. (9) EiltrY )Malks..Tprehcs_an r s, la, concrete, AI)e ;, er te, and all All, front entry walk shall be decks and wood porches shall be constructed of cedar Or pressure -treated or composite materials. (h) Driveways. All driveways shall be constructed of concrete paving. (i) L99-41. Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations". In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. - 13- 4935-3867-9301, v. 7 Section 4.3 Approval Procedures. Two copies of a preliminary application for approval must be submitted in writing to the Committee at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the Committee shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the Committee can review the application. The Committee's rules and procedures may specify the payment of a reasonable nonrefundable fee, to be set forth in the Committee rules, for the purpose of defraying the costs associated with the Committee's review of the preliminary application. This fee may be adjusted from time to time by the Committee in accordance with its rules and procedures. The Committee shall review the application in accordance with the provisions of this section as soon as possible after a complete application has been filed. The decision of a majority of the members of the committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the applicant. Section 4.4 Failure of Committee to Take Action. Except as provided in Section 4.6 below, if the Committee fails to respond to an applicant's complete and properly submitted application within thirty (30) days after the Committee has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval; provided, however, if the Committee delivers notice of the need for one (1) thirty (30) day extension prior to expiration of the above -referenced thirty (30) day period, the Committee shall have thirty (30) additional days to make its decision. Section 4.5 Committee's Obligation. The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the Committee's review of an applicant's application, the applicant shall indemnify and hold the Committee harmless from any claim or damages resulting from applicant's failure to comply with applicable building codes or other governmental requirements. Section 4.6 Exemptions and Variances from Committee Requirements. The Committee may, upon request, grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvements or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Request for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thirty (30) days after notice to the applicant of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 4.7 Construction Deposit. For purposes of protecting the Common Elements and Common Element improvements against damage during construction by a Unit Owner, his or her contractors and agents, the Committee has authority, but is not mandated, to require a cash deposit from -14- 4935-3867-9301, v. 7 each Unit Owner to whom approval of plans is given of an amount deemed appropriate by the Committee for such purposes ("Construction Deposit"), if the Committee finds that potential damage can be done to the Common Element(s) caused by Unit Owner's proposed construction. The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). If a Unit Owner, his or her contractor, agents or e�ttiployees cacrscs any damage or destruction to any portion of the Coninaon Elements or C,0111111011 Eleaaaerat lmprovenicnts, the Committee shall notify such I.Jilit Owner and request the replacement or repair- of the item or area damaged or destroyed. The Unit Owner shall have a period of two (2) business days after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, and to commence such correction. The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Unit Owner agrees to inaake such changes thereto as are necessary to obtain the (,,oinmiItee's appAWal. if tlic Unit Owner fails to correct the damage in the manner or within tine line approved by the Committee, the (."ommittee may, at its option, perform such work; as is necessary to a-enactly the situation on behalf and at the expense of tine Unit. Owner and apply the Corrstruetion Deposit; against the coast thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Unit Owner shall pay the Association that excess cost within ten (10) days ofdeniand by the Committee. Upon completion of construction of the Improvements on the Unit, and following a joint inspection of the Iniproveinerats and Unit by they linit Owner and the Cominittce to verily that no damage to the Comnion F;lenients a ndlor Conrlarorr h lenicrnt 1111provernent.s has occurred, the f oni�ninte,e shall retake a final detcrminaation of compliance and return the remaining balance, if any, of the Construction Deposit to the Unit Owner, without interest within ten (10) days of such final determination Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at thc election of the Association's Boardexercised after thirty (0) days' written notice to such applicant, constitute as violation of this Declaration. In that event, the Board shall be empowered to assess, a Penalty commensurate with the violation, which shall constitute a lien against such Unit, enl'orceaable as provided hercin and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance. ARTICLE 5. LIEN ENFORCEMENT Section 5.1 Statutory Lien. The Association has a statutory lien on each Unit for any unpaid assessment against the Unit from the tinge such assessment is due„ pursuant to and on the terms set forth in CW 64.90.485. Proceedings to enforce the lien or collect the debt for any unpaid assessments will be governed by RCW 64.90.485. Section 5.2 Lien Priority. The Association's lien has priority over all other liens and encumbrances on a Unit except: (a) Liens and encumbrances recorded before the recordation of this Declaration; (b) Except as otherwise provided in this section, a security interest on the Unit recorded before the date on which the unpaid assessment became due; and (e) Liens for real estate taxes and other state or local governmental assessments or charges against the Unit. A lien under this section also has priority over the security interests described in (b) above to the extent of an amount equal to the following: -15- 4935-3867-9301, v. 7 (i) The Common Expense assessments, excluding any amounts for capital improvements, based on the periodic budget adopted by the Association pursuant Article 3, above, along with any specially allocated assessments that are properly assessable against the Unit under such periodic budget, which would have become due in the absence of acceleration during the six (6) months immediately preceding the institution of proceedings to foreclose either the Association's lien or a security interest described in (b) above; (ii) The Association's actual costs and reasonable attorney fees incurred in foreclosing its lien but incurred after the giving of the notice described in (iii) below; provided, however, that the costs and reasonable attorney fees that will have priority under this subsection (ii) shall not exceed two thousand dollars ($2,000) or an amount equal to the amounts described in (i) above, whichever is less; (iii) The amounts described in (ii) above shall be prior only to the security interest of the holder of a security interest on the Unit recorded before the date on which the unpaid assessment became due and only if the Association has given that holder not less than sixty (60) days' prior written notice that the owner of the Unit is in default in payment of an assessment. Upon payment of the amounts described in (i) of the preceding sentence by the holder of a security interest, the Association's lien described in this section shall thereafter be fully subordinated to the lien of such holder's security interest in the Unit. ARTICLE 6. USE COVENANTS, CONDITIONS AND RESTRICTIONS Section 6.1 Authorized Uses. The Plat Community shall be used solely for residential purposes and related facilities normally incidental to a residential community. After the Declarant Control Period no Unit shall be further subdivided, except as permitted in this Declaration without prior approval conferred by Association Action. With respect to non-residential uses, Unit Owners in the Plat Community shall abide by the following provisions: (a) In addition, no professional, business, or commercial activity to which the general public is invited will be conducted on any portion of the Unit, except an Owner or such Owner's lessee may conduct business activities within an Unit so long as: (i) such activity complies with applicable law; (ii) participation in the business activity is limited to the Owner(s) or tenant(s) of the Home; (iii) the existence or operation of the business activity is not apparent or detectable by sight (e.g., no sign may be erected advertising the business within the Plat Community), sound, or smell from outside the Unit; (iv) the business activity does not involve door-to-door solicitation of residents within the Plat Community; (v) the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Plat Community which is significantly greater than that which is typical of residences in which no business activity is conducted; (vi) the business activity is consistent with the residential character of the Plat Community and does not constitute a nuisance, a hazardous or offensive use, or threaten the security or safety of other residents of the Plat Community as may be determined in the sole discretion of the Board; and (vii) the business does not require the installation of any machinery other than that customary to normal homes and household operations. (b) Notwithstanding any provision in this Declaration to the contrary, Declarant and its assignees and licensees, including but not limited to builders authorized by Declarant in writing, may construct improvements and carry on and maintain upon or within portions of the Common Area (including without limitation amenity centers or other buildings) and within any Unit owned by Declarant or its assignees or licensees or authorized builders, as applicable, such exclusive and non-exclusive uses, events -16- 4935-3867-9301, v. 7 and other activities which, in Doclarant's sole opinion, may be reasonably rCtJLlirCd, convenient, or incidental to the sale, leasing, marketing and/or construction of Units or the development of the Plat Community, including, but not limited to, signs, flags and other 11larketing materials, tnodel hoirles, and marketing, sales, construction, leasing and other business oflices. Declarant and its assignees and licensces, have an easement over and across the Common Area for such uses, events and activities at no charge. Section 6.2 Leasing Restrictions. Unit Owners in the Plat Community shall abide by the following restrictions: (a) Subject to the restrictions and requircincirls contained herein and in the other - Governing Documents, Owners in the Plat Community (including but not limited to Declarant) may lease their Units, the lessees of any leased Unit are genet -ally permitted to use the Coninion Elements oil the same basis as Unit Owners, and, except as expressly provided otherwise herein or in the othclr Documents, all assessments and obligations under the Governing Docurnents, shall be applied Consistently with respect to each Owner and Unit. All Units in the Plat Community, whether leased or not, niust be maintained in accordance with the requirements and standards set forth herein and in the other Governing Documents. In purchasing a Unit, each Owner accepts that other Owners may lease their Unit and Declarant may sell Units in the Plat Community to investors or other companies or persons who may use them for rental purposes. (b) No Unit may be used as a lodging house, hotel, bed and breakfast lodge, or ally similar purpose, brat Units may be leascd ror rcsidential purposes for all, initial lease terns of nrr less 111all six (6) months, unlassa shorter period is approved by Declarant during the Declarant Control period. No Unit may be advertised for lease as a short -terns rental of less than as six (6) month term on any website or other advertising medium, All ]cases inust be Jor the entire Unit must be in writing, The Owner must provide a copy of this Declaration and other Governing Documents to its lessee. An Owner must deliver a copy of each (Alit lease to the Association within thirty (30) days after the effective date of the lease. (c) An Owner who leases such Owner's Unit is deemed to have assigned such Owner's rights to use (he Common Elements and other Coninion Areas to the lessee of such Unit and such Owner is not entitled to use then Cbminon Elements and other Cornmon Areas while the Unit is occupied as a rental property. All lessees and other occupants of a Unit are obligated to comply with all obligations contained in the Governing Documents, including, without limitation repairing and maintaining tile occupied Unit in accordance with the Governing Documents. The Owner of a leased Unit is responsible to tile Association for any violation of the Governing Documents by the Owner's lessee and their guests or invitees, and for any expense incurred by the Association in connection with enforcing the Governing Documents due to such violation. In tile event -of any such violation of the Governing DocuMerltS, the applicable Owner, upon notice thereof by the Association, shall immediately take all necessary actions to correct such violatioil. Neither the Association nor the Declarant will be liable to an Owner for any damages, including lost rents, suffered by the Owner in relation to the Association's enforcement of the Governing Documents against the Owner's lessee or other occupai its of the Unit, nor liable to any Owner for any claim or damages of any kind resulting from another Owners leasing of such Owner's Unit or the activities or conduct of such Owner's lessee or other occupants of the Unit. (d) Notwithstanding any provision in this Declaration to the contrary, unless otherwise rC(lLlii'cd by applicable law, (i) any additional restriction pertaining to the leasing of Units must be adopted by all amendment to this Declaration, ar)d (ii) abler the expiration of the Declarant Control Period, no amendment to this Declaration for that ptirpose will be ell'ective without the express written Consent of -17- 4935-3867-9301, v 7 100% of the total number of votes in the Association. The Board may not adopt additional restrictions on the leasing of Units by rule. Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in the Plat Community except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. "Other conventional household pets" shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in the Plat Community. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Unit Owner's Unit, pets within the Plat Community shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc., while outdoors on a Unit within the Plat Community for longer than two hours at a time. Section 6.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Unit; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Plat Community; and provided further that no signs or advertising devices of any character shall be permitted. Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Unit, except this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Units. Upon forty-eight (48) hours' notice to the Unit Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority, to have removed at the Unit Owner's expense any such vehicle visible from the street that is parked on any Unit, street or within a Common Element for more than twenty-four (24) hours. Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining Structures or streets or roadways. No Unit or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways. Section 6.7 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. Section 6.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in the plat Community; except for the following: (a) one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Unit or attached to any residence placed upon the market for sale or for rent; (b) an Owner may place one sign on the inside of a window advertising a Unit "for rent", provided the sign does not exceed one and one-half feet (1'/2') by one and one-half feet (1'/z') in size and is removed within five (5) days after a lease is signed; (c) directional, marketing or other signs, billboards or monuments may be erected on any Unit or elsewhere in the Plat Community by Declarant and its assignees and licensees -18- 4935-3867-9301, v. 7 (including but not limited to any builder) designatcd in writing by Declarant as having the right to erect such -signs, billboards or monuments, Any sinch temporary real estate sign shall be removed prolliptlY following the sale or rental of such Unit or residence. In addition, nothing it, this section shall be: construed to proud art the display Or signs regarding candidates fiw public or Association office, or ballot issues, oil or within al.3n it, so long as such signs are no larger than Maur (4) square feet and in place no I longer than sixty (60) (lays, F lags ofthe United States (ir the State of Washington are not considc"cd sign.shercunder and are, Permitted, provided, however, that the Association may place reasonable restrictions oil the time, place and niatiner of display as permitted by federal and state law. All signs posted or displayed must comply with the standards of the Port Townsend Municipal Code Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Real Property which may danlaiye or interfere with any easement or the installation or maintenance of utilities, or which niay anreasollably change,, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may lie maintained within an easement area. Section 6.10 Antennas and Clotheslines. No external clotheslines shall be permitted in the Plat Community. Each Owner has a right to install an external antenna/satellite dish pursuant to 47 C.F.R. § 1.4000; provided, however, that no other antenna are allowed in the Plat Community and farther provided that the ACC approves the location of the allowed antenna. Section 6.11 Unit Owners' Maintenance Responsibilities. The triaintcnalice, upkeep, and repair of individual Units and homes shall be the sole responsibility of the individual Lhiii Owners thereof', and in no way shall it be the responsibility of the Association, its agents, officers or directors, Llnil Owners shall maintain their Units and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Unit Owner shall be obligated to keep his Ol- her Unit and home in a clean, sightly and sanitary condition and maintain the landscaping on his or her Unit in a healthy, and attractive state an(] in a inanner coniparable to that on the other Units in the Plat Conininnity. No storage of firewood shall be permitted in front yarcls. After thirty (30) days' written notice to a Unit Owner from the Association of such LJnit, Owner's failure to so maintain his home or thiit, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right,, throu0n, its agents and employees, to enter upon ally Unit which has been found to violate the foregoing standards in order to restore the home or IJ nit to such standards. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.12 Weapons. No firearms of any kind or nature, including rilles, handguns, bows, slingshots, 1313 guns, slings, traps, or any other like weapon, shall be Lised or discharged the Plat Coniniullity except byaudiorized governmental officials. Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of the Plat Community, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or ally other applicable -governmental entity. Nothing shall be done or maintained on any portion of the Plat Community which may be or becornean annoyance Or nuisance ten the neigliborhood or detract from the value of the Plat Coninnitrily. 'the Association shall determine by Association Action whether any given use of a Unit unreasonably interferes with the rights of the Other. Unit Owners to the use and enjoyment of their respective '(Jnits or of the Coninion Elements, and such determination shall be final and conclusive. -19- 4935-3867-9301, v. 7 Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact landscaping on Common Elements and/or dedicated Tracts, or as otherwise governed by applicable laws, codes and regulations. Section 6.15 Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used on any Unit as a dwelling or residence, either temporarily or permanently. Section 6.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a Unit, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows and all main windows in the great room that are visible from adjacent Units. No newspapers, bed sheets, or other makeshift window coverings shall be visible from the exterior of the residence. Section 6.17 Fences. All fences shall match the fences installed at the time the Real Property was first developed by Declarant, unless otherwise authorized by the Board. Any fences that are stained must be stained to match the stain originally used on the fences within the Plat Community unless otherwise approved by the Architectural Control Committee. Section 6.18 Unit Size Restriction. No Unit or portion of a Unit in the community shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of the Plat Community shall be less than the area required for the use district in which located. Section 6.19 Damage. Any damage to streets, Common Element Improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Unit Owners, their children, contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such Unit Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days' written notice to a Unit Owner from the Association of such Unit Owner's failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Unit Owner. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.20 Encroachments. If the construction, reconstruction, or alteration of a building or the vertical or lateral movement of a building results in an encroachment due to a divergence between the existing physical boundaries of a Unit and the boundaries described in the Declaration, the existing physical boundaries of the Unit are its legal boundaries, rather than the boundaries described in the declaration, unless the encroachment: (a) extends beyond five feet, as measured from any point on the common boundary along a line perpendicular to the boundary; or (b) results from willful misconduct of the Unit Owner that claims a benefit under this section. ARTICLE 7. COMMON ELEMENTS Section 7.1 Title to Common Elements. All Common Elements were dedicated in accordance with the terms of the Map upon recording of the Map. Every Common Element shall be subject to an easement of common use and enjoyment in favor of the Association and every Unit Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents and the Map. -20- 4935-3867-9301, v. 7 Section 7.2 Maintenance of Common Elements. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Conarraon Elements so as to keep them in good repair and condition and shall conduct such additional:, raaaintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action. The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Elements and improvements thereon. Section 7.3 Common Element Aesthetic Standards Committee. A Common Element Aesthetic Standards Committee ("Common Element Committee") consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Common Eleamcalt Comrnit�tee shall be representatives appointed by Declarant. Common Element Committee members shall not be entitled to coraaper�rsation for their services laereund.er, except as may be determined by the Board olf' Directors. Declarant shall have the right and power, as a Special Declarant ltigllt, at al times to appoint or renew the appointment of the members of the Conuaaern Element Committee or to fill any vacancy until srach time as Declarant no longer ownany Units. Alter Declarant no longer owns ally Units, tlae Board shall have the power to appoint and remove the members of"the Common Element Committee, or alternatively, the Board shall have the power to terminate tlae Common Element Committee. (a) The Common Element Committee shall establish and anaaintain the acsthe(u; staandarda for tlae C:'omnlon l i°lculcrats, provide liar the maintenance, repairs, replacements and inalarovements (including contracting with Declarant: or as third party for the same) of the Conrnaon Elements and approve the laudgetfor all maintenance, repairs, replacements and nnprovemcaats for all Common Elements ("t"oainnon Element Budget"). The Common Element Coraarraattee's powers, jurisdiction and purpose stated herein will be broadly construed. The Conr.naon rilenaent Committee assumes no liability and holds no authority to approve, permit or allow any construction on behalf of the local governing authorities. (b) C, eara1,ataoaa,_l^le arawsat lla clgt t,._1'rwocc,s5. As part of establishing its annual budget, the Board shall deliver the Common Element, Budget to tlae Conanton Element Committee for review and approval. All proposed C.'onanaon f lcment Budgets shall at a raainimunr provide funds for rraaaintenance, a-cpair and replacement of the Coma -non Elements consistent with tlae elaaality, rurture and location ofthe coraaraaaanity and ill a manner that other colnuluraitics sitnilar in quality, mature and location to tlae community are maintained. Upon receipt from the Board, the Common Element Committee shall have thirty (30,) (hays to review and approve, or proposc changes to, the proposed Corrirnon Element Budget. So lost; as lire members of tlae C onlaaaon Elemeaat Comataattee are appointed by Declarant, (lac Board shall adopt the Common mmon Element 'Budget as approved or revised by the,. Corn in()a, lilenaent Committee; provided, however, Declarant shall be responsible for paying any difference in costs between the Board's proposed Common Element Budget and the revised Common Element Budget prepared by the Common Element Committee. Once the members of the Common Element Committee are appointed by the Board, the Board shall have the option of either adopting tlae C,'onamon Ele nient C'oraanarttee's propeascd Common I lenient Budget or rejecting any revisions; in either ease, Decklraant shall have no obligation for payment of"ally portion ofthe C,".eararar�aon lilenvent .Budget. Such review and approval process shall be repeated for any changes to the Common Element Budget following the adoption of the annual budgelpursuant to Section :.3, Nothing herein will diminish or waive any duty the Board would otherwise ha'vc to fund common expenses from assessments under this Declaration or the Act. Section 7.4 l loa umeart anti . anrtlscaping Maintenance and Easements. The Associatie:an shall be responsible for maintaaining, any a aac:rrauaxaeaat signage in tine Plat Community and shall be responsible -21- 4935-3667-9301, v. 7 for maintaining any landscaping in Common Elements, including but not limited to planter strips, in accordance with the terms of the Map and all applicable laws, codes and regulations. Section 7.5 No Adverse Possession of Common Elements. No Unit Owner or person claiming through a Unit Owner may acquire title by adverse possession to, or an easement by prescription in, any Common Element of this common interest community in derogation of the title of another Unit Owner or the Association. ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS Section 8.1 Tracts. Madrona Ridge Phase 1 (a) Storm Pond Tr ���.tr. Tracts A and B are private storm pond tracts. Tract D is a storm pond tract. Upon recording of the Map, Tracts A and B were conveyed to the Association for ownership and maintenance purposes. Tract D was conveyed to the City of Port Townsend for ownership and maintenance purposes. (b) tl�tnnt ct,§. Tracts C, I, J, K, L, M, N, and O are public open -space tracts. Upon recording of the Map, these tracts were conveyed to the Association for ownership and maintenance purposes. Upon recording of the Map, an easement was granted over entirety said of tracts for public pedestrian access purposes. (c) lea Alvtiu tt 7JacaceJ'"� apt. Tract E is an open -space tract. Upon recording of the Map, Tract E was conveyed to the City of Port Townsend for ownership and maintenance purposes. (d))p, Jxac _mid tJti„itila t. Tract F is a public open space, pedestrian access, and utility tract. Upon recording of the Map, Tract F was conveyed to the Association for ownership and maintenance purposes. (e) I. tq r tnc y . ' c esto i �� Aq psis, <t�nd :..wttn B z _l ttt°lit Tract. Tract H is a public emergency/pedestrian access and landscape buffer tract. Upon recording of the Map, Tract H was conveyed to the Association for ownership and maintenance purposes. (f) 116vate Access Tract. Tract R is a private access tract for ingress, egress, and utilities for Units 7 and 8. Ownership of Units 7 and 8 includes an equal and undivided ownership interest in and responsibility for maintenance of Tract R. (g) lwutute T)m K gpallqlnt.j'rac(. Tract Z, as depicted on the Plat, is a future development tract to be retained by Lennar Northwest, LLC. -22- 4935-3867-9301, v. 7 Section 8.2 Easements. Madrona Ridge Phase 1 LJpon recording of the Map, a utility casement (UE) was granted to the City of Poll ; l"ownsend and all utility providers serving the subject Plitt and their respective successors and assigns, and all Unit owner-s of the Plat, undel, and upon tile exterior' den-rcet (10') of tile Units and Tracts lying parallel with and adjoining the street frontage asshown and labeled hereon, in which to install, lay, construct, operate, maintain, repair, replace, enlarge underground pipes, colidUits, cables and wires with all necessary or convenient undcq,,round or ground-ttioutited appurtenances, thereto, for the purpose of serving this subdivision and other property with electric, gas, telcphovie, televisi011, public and private storm drainage and other utility service, together with the right to enter upon the LJnits, Tracts and coninion areas at, all linles for the purposes herein stated. the and agents or perillittees shall have the right at all times to enter the easement area for the purpose of inspecting, maintaining, improving, repairing, constructing, locating, and relocating public infrastructure and iniprovenictits collsismit with file rights for dedicated public right of way, including access to and passage over 0, lid through the easement area in a manner providing appropriate elcarance, safety, and possibility -The construction of any structures and/or permanent storage within easement area is prollibited. CODStrUctiOn of fences may be allowed as long as gates at least 10 fl, wide are provided,The ( Ity shall not be responsible for the cost of restoration beyond restoring top soil and seeding grass. (b) irtggc 1n r r nal Upon recording of the Map, tile public storm drainage easements (SDU) were granted to the " lily of'port Townsend for ownership and maintenance of the ptiblic storm drainage (lacilities which lie within the easement area. (c) tlpon recording cif the Map, the private storm drainage easements (PSDE) were granted to the Unit ()wners who would henefil from their use. The owners of said benefited Units shall be equally responsible for the maintenance, repair and/or reconstruction of that portion of the private storm drainage systeni that they have tile I)enefit of use, except that no owner shall be responsible ror the nuaintenauce. andlor recons(niction of that portion of the commonly used private stomp drainage system located upstreamfroill the Point of colialection of that respective owner. Other than normal landscaping maintenance, Owners shall not interfere with or niodify the drainage areas or improvements within the PSDE without all necessary permits and approvals from the City and the Association. (d) 1 1icW,)Ka-,I9diLUa Ps11an,l . tipon recording of the Map, the public waterline easements (WLE) were granted to, the City of Port Townsend Rw ownership and maintena, lice of Lite public waterline facilities which lie within the easement area. (e) PdAic �'�Dmsel!!0 Ac s tJpon recording of the Map, the public access easements (PAE) for pedestrians and emergency services shown on the Mal) were granted to provide access to the public, The Association and agents shall have the right at all times to enter the described PAE' areas for the purpose of inspcetil1g, Illailltaining, ill1proving, repairing, constructing, reconstrLICting, locating, and relocating public infrastructure and improvements consistent with the rights for dedicated public right ofway, including access to and passage over and through the PA13" areas in a nianner providing appropriate clearance, safety', and possibility. Except as pennitted by the City in writing, construction of ally structures, fences, and1or permanent storage within the PAE areas is prohibited. The City shall have the right to construct and maintain future public access facilities serving the City pedestrian network. -23- 4935-3867-9301, v. 7 ARTICLE 9. INSURANCE; CASUALTY LOSSES; CONDEMNATION Section 9.1 Insurance Coverage. Commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, the Association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles: (a) Property insurance on the Common Elements and on property that must become Common Elements, insuring against risks of direct physical loss commonly insured against, as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Elements, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance, including medical payments insurance, in an amount not less than One Million Dollars ($1,000,000.00) covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements and, in cooperatives, of all Units; (c) Fidelity insurance; and (d) Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee or Unit Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. Section 9.2 Casualty Losses. In the event of substantial damage to or destruction of any of the Common Elements, the Association shall give prompt written notice of such damage or destruction to the Unit Owners and to all Mortgagees who have requested notice of such damage or destruction from the Association. Insurance proceeds for damage or destruction to any part of the Common Elements shall be paid to the Association as a trustee for the Unit Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3 Condemnation. If any part of the Common Elements is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Unit Owners and to all Mortgagees who have requested notice of any such proceeding or proposed acquisition from the Association. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10. ENFORCEMENT Section 10.1 Right to Enforce. The Association, Declarant, City of Port Townsend, or any Unit Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. -24- 4935-3867-9301, v. 7 Section 10.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. Section 10.3 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Real Property, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Unit shall be subject to this Declaration. Section 10.4 Right to Assess Penalty on Unit for Violations of Declaration. The Board, by simple majority vote, shall determine whether a Unit Owner has breached, or a Unit is in breach, of any of the covenants, conditions, and restrictions provided herein. After thirty (30) days' written notice to such Unit Owner, the Unit Owner shall have an opportunity to be heard by the Board regarding the violation. After such hearing, the Association by a two-thirds (2/3) majority vote of the Board, is empowered to assess a penalty in accordance with an established schedule of fines adopted by the Board and furnished to the Unit Owners. Such penalty shall be a levied special assessment and constitute a lien against the Unit, enforceable as provided herein. ARTICLE 11. AMENDMENT Section 11.1 Amendment by Declarant or Association. Upon thirty (30) days' advance notice to Unit owners, Declarant may, without a vote of the Unit Owners or approval by the Board, unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an inconsistency, or a scrivener's error, or clarify an ambiguity in the Governing Documents with respect to an objectively verifiable fact including, witll()ut li.nlitation, recalculating the liability for Common Expenses or the number of votes in the Association appertaining to a Unit, within five (5) years after the recordation or adoption of the Governing Document containing or creating the mistake, inconsistency, error, or ambiguity. Any such amendment or supplement may not materially reduce what the obligations of Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Upon thirty (30) days' advance notice to Unit Owners, the Association may, upon a vote of two- thirds (2/3) of the members of the Board, without a vote of the Unit Owners, adopt, execute, and record an amendment to the declaration for the following purposes: (a) to correct or supplement the Governing Documents as provided above; or (b) to remove any language and otherwise amend as necessary to effect the removal of language in direct conflict with the Act. The City of Port Townsend shall review all proposed amendments and approve any amendments prior to recording. Section 11.2 Amendments by Unit Owners. Except in cases of amendments that may be executed by Declarant or the Association pursuant to Section 11.1 or as expressly permitted in accordance with the Act, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated, provided that only after requested amendments are approved by the City of Port Townsend shall they be recorded and recognized. Section 11.3 Effective Date & Cross -References. Amendments shall take effect only upon recording in the official real property records of Jefferson County, Washington. All amendments must contain a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration. All amendments to the Declaration adding Units must contain a cross-reference by recording - 25 - 4935-3867-9301, v. 7 number to the Map relating to the added Units and set forth all information required under RCW 64.90.225(1) with respect to added Units. ARTICLE 12. GENERAL PROVISIONS Section 12.1 Taxes. Each Unit Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his or her Unit, or personal property located on or in the Unit. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Elements. Section 12.2 Non -Waiver. No waiver of any breach of this Declaration or failure to enforce any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3 Attorney Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorney fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. Section 12.4 No Abandonment of Obligation. No Unit Owner, through his or her non-use of any Common Element, or by abandonment of his or her Unit, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. Section 12.6 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.7 Notices. All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in the form of a record, in a tangible medium, or in an electronic transmission in accordance with RCW 64.90.515. If mailed, the Notice shall be by certified or registered mail, return receipt requested, with postage prepaid and shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices provided by electronic transmission shall be deemed effective according to the requirements of RCW 64.90.515. All other Notices shall be deemed given on the date of actual receipt. Notice in a tangible medium to a Unit Owner must be addressed to the Unit address unless the Unit Owner has requested, in a record delivered to the Association, that Notices be sent to an alternate address or by other method allowed by this Declaration. If there is more than one Unit Owner of a Unit, Notice to any one such Unit Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Unit Owner at or before the time he or she becomes a Unit Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Unit Owners. -26- 4935-3867-9301, v. 7 Section 12.8 Indemnification. The Association shall indemnify every officer and director antilorizod to act oil behalf ofthe Association by the Board or by this Declaration against any and all expenses, including counsel fees, reasonably incurred by, or imposed capon, any officer all([ director in connection with any action, suit or proceeding if approved by the then Board to wilicii lie or she may be as party by reason of being or having been all officer and director,'I'lic officers and directors shall not be liable For any mistakes of judgment, negligent or otherwisc, except for their own individual willful inisfeasallCe, nialfeasanec, misconduct, or bad f5aith. The officers and directors shall have no personal liability with re,.qpcct to any contract or other conimitment made by them, in good faith, on behalf of the Association (except to the extent that Such officcrs and directors inay also be members of the Association), and, the Association shall indemnify and forever hold cacti officer and director free and harmless against any and all liability to others oil account of any such contract or commitnietil, The Association shall, as a Common Expense, maintain adequate general liability and officers' and directors' liability insurance to l'und this obligation. Section 12.9 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. ARTICLE 13. PHASED DEVELOPMENT; DEVELOPMENT RIGHTS Section 13.1 Subsequent Development. Declarant reserves for itself, its successors and assigns, during the Declarant Controllleiiod, the right, by anicadment to this Declaration recorded ill the Jefferson, County recorder's office, in one or more phases, to sulij�cct additional properties to, this Declaration or to withdraw undeveloped property from it. 1",'ach I -Jnit Owner appoints and constitutes Declarant as his/her attorney -in -fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Unit Owners shall be benefited by any Common Elements on additional property Declarant elects to add to the Plat, Conimunity, either through Associatioll Ownershil) and/or control of said additional Common Elements or by easements (if use and ell ' i0Yffle'll ill ftivor of said original Owners on said additional Common Filements.,flic owners ofsuch property added by Declarant to the Plat C onimunity shall have an easement for use and enjoylnent (,,I, tile existing Comillon I'Acinents and shall have all the obligations to pay their pro rata cost of tuaintaining the Conunon Elements, unless otherwise provided herein. Declarant shall also have as a Development Right the right to extend existing easements and may create new easements over the Units still within, I)cclar,Antls control so as to provide access and service to the additional properties. Neither the Association nor any Unit Owners shall have any right ill any additional property, not, shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of anzaniendnicni to this Declaration recorded in tile Jefferson County recorders office describing such additional property or by addition to the Map, The rights reserved by Declarant in this section iTiay be exercise(] by Declarant during the Declarant Control Period at Declarant's sole discretion. Section 13.2 Rights and Obligations.1be owners of properties added to the Plat Community shall be members of the Association and shall be entitled to all benefits and subject to all obligations of a member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. If Declarant elects to withdraw undeveloped property from this Declaration, such withdrawn property shall no longer have any membership rights in the Association or hereunder. Section 13.3 No Requirement to Add. Nothing contained in this Declaration shall be construed to require Declarant to subject additional properties to this Declaration. -27- 4935-3867-9301, V. 7 Section 13.4 Control. Declarant shall have and hereby reserves as a Development Right for itself, its successors, and assigns, an easement for the right, during the Declarant Control Period and any period thereafter in which Declarant is a Unit Owner, to utilize the Common Elements for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion, sale and development of the Plat Community. If additional properties are subjected to this Declaration pursuant to this article, Declarant shall have an easement as described in this section on the Common Elements located therein. Upon termination of the Declarant Control Period, Declarant's easement shall automatically terminate except as to Units for which Declarant owns. Control and the management and administration of the Common Elements shall vest in the Association at the end of the Declarant Control Period subject to Declarant's aforementioned rights of use, Section 13.5 Dedication to Governmental Entities. Until the termination of the Declarant Control Period, Declarant reserves as a Development Right the right to withdraw any undeveloped part of the Real Property from this Declaration and to dedicate, transfer or convey it to any state, county, municipal or other governmental entity any such part of the Real Property or reserve it for Declarant's use and/or sale. The rights reserved by Declarant in this section shall be exercised by Declarant at Declarant's sole discretion. [Remainder of page left blank; signature follows on next page.] - 28 - 4935-3867-9301, v. 7 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. Lennar Northwest LLC., a Delaware limited liability company V ,t...... W.. By: Its:- � STATE OF WASHINGTON ) ss. COUNTY OF Q)I/ ) On this da crsonally appeared before me a to me known to be the Y of Lennar Northwest LLC Delaware liability company, the .Z corporation that eucrr ed the within and foregoing instrument, and acknowledged the 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 said person is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. �_ Y e....mm..�,m 2025. GIVEN under my hand and official seal this da of w �dd�"„ er rr NOTARY PUBLIC in and �;,�►Nr������rr�rr _ for the at Washington, residing '' e State of Waslu��- ' y commission expires ire -29- 4935-3867-9301, v. 7 Exhibit A PARCEL A: THAT PORTION OF THE EAST 112 OF THE NORTHWEST 1/4 AND THE WEST 112 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., IN JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE ALONG THE WEST LINE OF SAID NORTHEAST 1/4. SOUTH 02' 01' 49" WEST, 551.99 FEET TO THE [RUE POINT OF BEGINNING; THENCE SOUTH 88' 42' 53°EAST. 734.67 FE[T� THENCE SOUTH 41^ 36' 25^[AST, 347.88 FEET; THENCE SOUTH 01' 40' 58^WESJ, 73.98 FEET; THENCE SOUTH 14� 23' 53^EAST. 108.31 FEET TO THE WESTERLY MARGIN OF RAINIER STREET (ALSO KNOWN AS ROY STREET) AS ESTABLISHED PER THE PLAT OF MOTOR LINE ADDITION AS RECORDED IN VOLUME 2 OF PLATS, PAC[ lO, RECORDS OF JEFFER30N COUNTY. WA5H|NGPDN; THENCE ALONG SAID WESTERLY MARG|N, SOUTH 01' 40' 58''WEST, 650.86 FEE[ TO THE NORTHERLY MARGIN OF 15[H STREET (ALSO KNOWN AS 0REGON STREET) PLATED IN GLENWO0D ADDITION TO THE CITY OF PORT TOWNSEND, AS PER PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 62. RECORDS OF JEFFERSON COUNTY` WASHiNGTON; THENCE ALONG SAID NORTHERLY MARG|N, NORTH 88' 30` 10° WEST, 5 14 FEET; THENCE NORTH 01- 39' 50"EAST, 26.00 FEET; THENCE NORTH 88' 30' 10''WE3T. 109.43 FEET; THENCE NORTH 02' 01' 49^B\SJ. 111.53 FEET; THENCE NORTH 87' 58' 11°WEST 5500 FEET; THENCE NORTH 02' 01' 4&''EAST, 257.03 FEET; THENCE NORTH 42' 48' 37"WEST. 112.82 FEET; THENCE NORTH 87' 58' 11^WEST, 50.44 FEET; THENCE NORTH 02* 01' 49''EAST, 90.00 FEET; THENCE NORTH 07' 58' 11''WEST, 75.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23,56 BET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THROUGH A CENTRAL ANGLE OF QO' UO' OO''; THENCE NORTH 87' 58' 11"WEST. 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11^WE51, THROUGH A CENTRAL ANGLE OF 90' OD' OU''TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11''WEST. 150.00 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY 23.56 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 F[EJ, THROUGH A CENTRAL ANGLE OF 90r 00' OQ''; THENCE NORTH 87' 58' 11"WEST, 40.00 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY 23.56 FEET ALONG THE ARC OF 8 NON -TANGENT CURVE TO THE U[F[ HAVING A RADIUS OF 15.00 FEET THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11^WEST, THROUGH A CENTRAL ANGLE OF AC[ UO' 00''T0 A POINT OF TANGENCY' . THENCE NORTH BT 58' 11^WEST 461J5 FEET TO A POINT OF CURVATURE - THENCE SOUTHWESTERLY 23.58 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15�00 FEET' THROUGH A CENTRAL ANGLE OF 80' OO' 00^1 THENCE NORTH 87 58' 71"WE3T, 40.00 FEET TO THE POINT OF CURVATURE; THENCE NORTHWESTERLY 23.58 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT` HAVING A RADIUS OF 15.00 FE[T, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11°WEST, THROUGH A CENTRAL ANGLE OF 90' OQ' 00^7O A POINT OF TANGENCY; -3O- THENCE NORTH 87 58' 11"WEST, 461.35 BET TO A POINT OF CURVAIURE; THENCE SOUTHWESTERLY 2350 FEET ALONG THE ARC OF A TANGEWF CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET' THROUGH A CENTRAL ANGLE OF 90r OO' OO^| THENCE NORTH RT 58' 11''WE3T 40.00 FEET TO THE POINT 0FCURV�U��;CUKfE TO THE LEFT HAVING THENCE NORTHWESTERLY 23.55 FEET ALONG THE ARC OF 8 NuN—/amGuv� , ^ A RADIUS OF 15.00 FEET, THE RADIUS POINT OF WHICH BEARS NORTH 87' 58' 11 WE3T. THROUGH A CENTRAL ANGLE OF 90' 00' OO''TO A POINT OF TANGENCY; THENCE NORTH 87' 58' 11"WEST. 90.12 FEET TO THE WEST LINE OF THE EAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 9| THENCE ALONG SAID WEST LINE, NORTH 02' 02' 22^EAST, 401.88 FEE] TO THE NORTHWESTERLY CORNER OF SAID SUBD|WS|ON� THENCE �LO�(� THE^MORTHERLY LINE OF SAID �UBD|V|3|QN. SOUTH D� ]5' 27"EAST' 3�G42 FEET T0 THE EAST LINE OF THE SAID NORTHWEST 1/4 OF SECTION S; THENCE ALONG SAID EAST L|NE, NORTH' 02* Ol' 49" [AST. 108,65 FEET TO THE TRUE POINT OF BEG|NN|N& BEING SHOWN AS NEW PARCEL A ON SURVEY RECORDED APR|L 27' 2023 UNDER RECORDING NO, 559984 AS DESCRIBED AS NEW PARCLL A IN BOUNDARY LINE ADJUSTMENT STATEMENT OF |NTENT RECORDED APR|L 27` 2023 UNDER RECORDING NO. 659985. BOTH RECORDS OF JEFFER3ON COUNTY WA5H|NCTON PARCEL B: T�AT PORTION OF THF FAST 1/2'OF THE M0RTHE �sT 1/4 AND OkE WEST 1/2 OF THE N0R1HEA£T 1/4 OF SECT0N qT��N�H|� �NQRTlRaN�E � �SW-M.. IN JEFFERS8N COUNTY, WA8M|a�1QN, BEING DESCRIBED AS^0 PARCEL 8 QF BOUNDARY LINE ADJUSTMENT R[CIOR0ED APRIL 27, 2023 UNDER RECORDING N0� 659985, RECORDS OF J[FFERSON COUNTY, mASH|NCTON. PARCEL C: T4AJ PORTION 01" THE EAST 1/2 OF )HE NORTHWEST 4/4 AN0 THE WEST 1/4 OF THE NORTWEk;T 1/4 OF SECTION A OWNSHIP 30 NORTH R���� 1 �E�|, �.��. |� J[FFER80W ��0N7f. *ASHINGTO0EU� DESCRIBED AS'TNE~�4. � PARCEL C ON `�� � SURVEY RECORDED A9��L %7. 202� WN�ER RECORDING W8� @5�0 AS DESCRIBED AS NEW PARCEL C|N BOUNDARY L�ME ADJUSTMENT S�JENEmT OF |NTEmT RECORDED APR|L 27, 2023 UNDER RECORDING NO. 659905^ B0[N RECORDS OF JEFFERqQW COUNTY, WV91vNGT&W. PARCEL Ct AND 3 MOTOR LINE ADDkT|0N TO THE CITY OF PORT TOWW9END, ACCORDING TO THE PLAT"~~~~~ ~ RECORDEDIN VOLUME 2 OF PLAJS, PACE 10, RECORDS OF JEFF[RSOM C00MTY, WASH|NGTDN. FARCELE: EASEMENT CREATED BY TEMPORARY CONSTRUCTION LICENSE AND PERMANENT EASEMENT AGREEMENT DATED MARCH 4, 2024 AND RECQR0E0 MARCH 5' 2024 UNDER JEFFERSON COUNTY AUDITOR'S RECORDING NO 064926 BEING A RE—IREC8RD1NG OF RECORDING NO. 864920. ALL SITUATE IN THE COUNTY OF JEFFERS0N, S7AFE OF WASHINGTON. -3l- 4.1X4., N P.T. POST tl a Exhibit B Fence Detail R,_n„ 2"X4" CEDAR BOARD. TOENAIL TO P.T. POST 1"X6" CEDAR BOARDS DRAIN DETAIL _A_ EACH POST SHALL BE ON CASED W/ CONC. 1"-3" WASHED ROCK BASE -w-45"X6" POST CAP 1"X6" CEDAR BOARDS 2"X4" CEDAR BOARD. TOENAIL TO P.T. POST DETAIL B STANDARD CEDAR FENCE -A NOT TO SCALE -32- 4935-3867-9301. v. 7