PROTECTIVE COVENENTS APPLICABLE
TO AND FOR RECORDING AGAINST
ECHO GLEN, located in Lacey, Washington, according to the plat recorded in the office of the Thurston County Auditor in Volume 25 of Plats, page 79180 or79480
The undersigned, CENTRAL SERVICES INC., a Washington corporation, being the owner of all the aforesaid lots in the Plat of Echo Glen, in order to provide for the aesthetic, healthful and uniform development of all the aforesaid real property and so as to further provide for control of structures to be erected, improvements to be made and operations to be conducted upon said real property on this 25th day of April 1992
DO HEREBY COVENANT AND AGREE, and for their successors and assigns to keep al1 of the covenants hereinafter set forth and which are hereby made applicable to the described real property and binding upon the owners thereof to the extent provided in such covenants, and subject to which covenants all such property shall be owned, held, used, occupied and developed,
ARTICLE I. COVENANTS RESPECTING USE
A. Land use and building type. Echo Glen shall be used for residential purposes only, no more than one detached single-family dwelling shall be constructed on each lot. All structures, including fences, are subject to the requirements of the City of Lacey, Department of Community Development, as well as the protective covenants contained herein.
B. Architectural Control No building or other permanent structures shall be erected or altered on any lot until the construction plans, specifications and a plan showing the location of the building or structure has been approved by the Architectural Control Committee as to the quality of the workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and grade elevations. As a guideline purchasers plans will be generally reviewed as to, but not necessarily limited to the following:
1. The minimum square footage of living area for single family homes will be 1400 square feet and the first-floor area of a two-story home must contain a minimum of 700 square feet, excluding garages or open porches.
2. Houses shall have at least a two-car garage, and the exteriors of the homes shall have cedar or other approved siding, brick, or stone on each elevation.
3 All homes shall have fencing installed on the back-lot line and on the side yard lot lines to the back line of the home (minimum) or the front line of the home (maximum). Fences shall be 6 feet high maximum and shall be painted both sides with approved color stain. No fences shall be permitted between the front line of the home and the front lot line. All fences shall be of a uniform design and be approved by the Architectural Control Committee. A drawing is provided herein as a guideline for fence construction. The City of Lacey also has building codes concerning fences and all fences shall meet these requirements also.
4. The exterior paint or stain on a home must be approved by the Architectural Control Committee.
5. No exterior antennas, except normal TV antennas will be allowed. Particularly excluded are Ham radio, CB Antenna’s and Satellite dishes.
6. Any boats, RVs or travel trailers stored on the lot s must be properly screened as approved by the Architectural Control Committee.
7. All miscellaneous outbuildings, including wood storage and other storage buildings must be harmonious with the dwelling on said lot and must be approved by the Architectural Control Committee.
8. Front yard landscaping must be completed prior to occupancy or at the time the construction has been completed by the builder and the house is available for sale. Landscaping in the side and back yards must be completed within 60 days from the date of completion and/or occupancy as above noted.
9. All driveways are to be paved with concrete unless otherwise approved by the Architectural Control Committee.
10. Regarding lots 6,7,8,9,10,26,27,33,34,and 35,no trees may be removed from the West 4Q feet of said lots except as necessary, for the construction of the homes and appurtenant structures, or for the removal of any trees which are diseased or are a danger to life and property. Theas trees have been designated as significant tree s by the City of Lacey.
11. All homes in Echo Glen shall have as a minimum roofing material Architectural Grade Composition roofing. The Architectural Control Committee shall approve all roof materials including re-roofing of any structure or outbuilding.
12. All homes in Echo Glen shall have all the roof downspouts connected to drywells as required by the City of Lacey in order to contain stormwater on the individual lots.
Where the restrictions and covenant s herein set forth cannot be complied with because of land limitations, weather conditions, or topographical restrictions, the proper and orderly development of such lots shall be with the purview of the covenants as far as possible and the Architectural Control Committee is hereby empowered to allow variations as in its judgement permits the reasonable utilization of such lots most consistent with the general plan of development.
C. Building Location. Set-back requirements for construction shall comply with City of Lacey regulations.
D. Easements. An easement is hereby reserved for and granted to Puget Sound Power and Light Company, the City of Lacey Utility Department, Pacific Northwest Bell Telephone Company, TCI Cablevision, and Washington Natural Gas Company their respective successor's and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and other areas around the Puget Power vaults as shown on the recorded plat in which to install, lay, construct, operate and maintain pipes, conduits, cables and wires with the necessary facilities and other equipment for the purpose of serving the subdivision and other property adjacent thereto with electric, water, sewer, telephone, television and gas service together with the right to enter upon the lot at all times for the purposes stated.
Easements for park access and drainage facilities are reserved as shown on the recorded plat. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may change the direction or flow of drainage channels in the drain easements. The easement area of any lot and all improvements in it shall maintained continuously by the owner of the lot.
E. Utility Services. All permanent utility services and connections thereto within the subdivision shall be provided by underground services exclusively.
F. Noxious and Offensive Activity No Noxious or undesirable thing or undesirable use of the property in said subdivision whatsoever shall be permitted or maintained upon said building sites in Echo Glen. The Architectural Control Committee shall determine what trade, business or use is undesirable or noxious, and such determination shall be conclusive. Any such activity, whether or not approved by the Architectural Control Committee shall also be consistent with the City of Lacey requirements. The more restrictive of the two determinations shall be applied.
G. Lawns and Landscaping. Yard maintenance is to be properly maintained at all times; in the event the owner is unwilling or unable to keep the site mowed and in an orderly manner, the Architectural Control Committee shall have the right, but not the obligation, to maintain the premises and to lien the property for costs incurred
H. Temporary Structures. No structure of a temporary character, basement, shack, garage, barn or other outbuildings including travel trailers and mobiles shall be used on any lot at any time as a residence either temporarily or permanently.
I. Completion of Structure. All buildings commenced on any lot shall be completed as to exterior appearance, including painting and landscaping, not later than nine (9) months after construction is commenced.
J. Mobile Homes. No mobile homes will be permitted in the subdivision.
K. Boats, Campers, and Travel Trailers. Boats, Campers and travel trailers may be stored on the lot in conjunction with a permanent residence but must be properly screened with approval from the Architectural Control Committee They shall not be lived in as a second residence nor shall any of them be parked on the street within the subdivision for a period longer than 24 hours.
L. Other Vehicles. Any automobiles, motorcycles, etc., not in running condition are to be kept out of view and off the streets. No vehicle maintenance, except emergency service, shall be conducted within public view.
M. Garbage and Refuse Disposal. No Garbage, rubbish, refuse, or cutting sha11 be deposited on, or left on the lot premises un1ess placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers and trash cans or receptables shall be kept out of sight except on the days prescribed for pick up.
No building material of any kind shall be placed or stored upon any property in said subdivision until the owner is ready to commence construction and then such material shall be placed within property lines of the building site upon which structures are to be erected, and shall not be placed in the street.
During the course of construction, it shall be the responsibility of the contractor and owner to keep the public streets clear and clean of all debris, concrete washings, etc.
The Architectural „Control Committee shall have the right, but not the obligation, after notification to the offender of the violation of this paragraph, to take action to correct any of the above violations and to assess and collect from the owner and/or the contractor for all costs incurred to complete the necessary cleanup.
N Livestock. No animals, livestock, or poultry shall be raised, bred, or kept on any lot. Dogs and cats may be kept thereon, if they are not kept, bred, or maintained for any commercial purpose.
O. Firearms Use. The discharge of firearms for hunting or for target practice within the area of the plat of Echo Glen shall be prohibited. The term "firearms" includes, but is not limited to, air rifles, pellet guns, bows and crossbows, and BB guns.
P. Sewage Disposal. No individual sewage disposal system shall be permitted on any lot in Echo Glen unless approved by the Thurston County Health Department and the City of Lacey.
Q. Recreational Facilities. The common area as designated on the plat is owned by the Echo Glen |Homeowners Association. It is contemplated that the Association may, at some future time, develop recreational facilities. Any such facilities must be developed in accordance with the regulatory body as designated by them to ensure that they are compatible with the concept of a shared open space and drainage facility. They shall be subject to these covenants to the extent that they may be applicable. Maintenance of the recreational facilities along with the storm drainage facilities currently situated in the common area shall be the responsibility of the Echo Glen Homeowners Association. The developer plans to provide no recreational facilities for any of the common areas.
R. Signs. No signs of any kind shall be displayed to the public view except (1). Signs used by a builder to advertise the property during the construction and sales period, but such signs must be used only on the property which is under construction and for sale; (2). Signs used by the developer or his agent, and (3). One sign of not more than 24” x 24” advertising the property for sale or rent by the owner or his agent.
S. Echo Glen Homeowners Association. All owners of lots in Echo Glen are, and will be, automatically members of the Echo Glen homeowners Association. All owners of lots in Echo Glen, except vacant unsold lots belonging to the developer, shall be subject to the charges and assessments provided for’ in and for the purposes set forth in the Articles of Incorporation and Bylaws of Echo Glen Homeowners Association, a non-profit and non-stock Washington Corporation. Said corporation shall have a right to file a lien against all lots in said subdivision, except unsold lots belonging to the developer, for said charges and assessments, including interest at the rate of twelve percent (12%) per annum on all charges and assessments that are not paid when due. If such charges and assessments levied by the corporation shall not be paid within three (3) months after they become due and payable, then, in addition to the remedies set forth in the Articles of Incorporation and By-laws, the corporation may proceed by appropriate action to foreclose said lien. In such foreclosure action the corporation shall be entitled to recover the cost of title search and court cost, together with attorney’s fees in such an amount as the court may adjudge reasonable in such action
Any first mortgage liens placed upon any of said lots, which are recorded in accordance with the 1aws of the State of Washington, shall be From the date of the recording of such mortgage, superior to such assessments to and the liens provided for herein that the levied by the corporation subsequent to the date that said first mortgage is recorded .
The cost of constructing a school bus shelter has been se t aside in a savings account t at Centennial Bank in Lacey, Washington, account #93-423-804. This account shall be assigned to the City of Lacey and is to be released to the Echo Glen Homeowners Association upon the City’s approval at the appropriate time. At such time as 57th Ave SE shall be connected through to the adjacent subdivision to the West of Echo Glen, and. upon the request of the North Thurston School District, the Echo Glen homeowners Association shall cause to be constructed a school bus shelter in the open space in the southeast corner of the intersection of 57th Ave SE and Rumac Road, or such place within the subdivision as directed by the North Thurston School District. It shall be constructed with the funds contained in the said assigned savings account. Any additional amount which may be required to build the shelter shall be paid from monies collected by the Echo Glen Homeowners Association in the form of dues and assessments. The developer shall not be responsible for payment of any portion of the bus shelter beyond what has been placed in the account for that purpose.
ARTICLE II ARCHITECTURAL CONTROL COMMITTEE
A. Membership. The Architectural Control Committee shall be composed originally of Leo Deatherage. Any of the members may designate a representative to act for them. In the event of the resignation or death of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time after the sale of eighty percent (80%) of the lots in Echo Glen, the then record owners of eighty percent (BO°%) of the lots shall have the power, through a duly recorded instrument, to change the membership of the committee, or to take away from the committee or restore to it any of its powers and duties as herein defined
B. Procedure. The Committee’s approval or disapproval a6 required ln these covenants shall be in writing. In exercising the discretionary powers granted to the committee, the committee shall at all times exercise its power ln a reasonable manner and said committee 1s hereby empowered to adopt reasonable regulations as are necessary with respect to the enforcement of these covenants. In the event the committee or its designated representative fails to approve or disapprove any plans or specifications submitted to it within thirty ( 30) days after submission thereof, or in any event, if no suit to enjoin the construction he6 been commenced prior to the completion thereof, approval will not be required and compliance with the related covenants shall be deemed to exist.
ARTICLE III MODICATION OF THE COVENANTS
These covenants may be modified by an instrument in writing signed by the owners of eighty percent (80%) of the lots in Echo Glen. *
ARTICLE IV TERM, ENFORCEMENT AND SEVERABILITY
A. Term. These covenants shall run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five years from the date these covenant s are recorded, and after said time, said covenants shall be automatically extended in perpetuity, unless an instrument signed by eighty percent (80%) of the then owners of the lots has been recorded agreeing to change said covenant s in whole or in part .
B. Enforcement. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate either to restrain violation or to recover damages for such violation.
C. Severability. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect
IN WITNESS WHEREOF, THE PARTIES HEREUNTO AFFIX THEIR HANDS THIS