DECLARATION OF RESTRICTIONS, COVENANTS AND
EASEMENTS FOR ALPENTAL
MIKIU, INC.; E.1.G., INC., J.S.G., INC. and SULLAND CO., INC., corporations,
are general partners doing business as ALPENTAL LAND CO. The undersigned,
Alpental Land Co; LYNN A. EASTHAM and VERNA J. EASTHAM, his wife; and
HEREFORD T. FITCH and CORNELIA M. FITCH, are the owners of or are the
parties in interest to the real property described in the plat of Alpental,
as recorded in King county, Washington, under Auditor's file No._____________.
In order to provide a plan of land use, road maintenance, a private
water system, other utilities and other facilities incident to the development
of the real property in the plat of Alpental and such other properties
as may hereafter be included in the plan, if any, the undersigned do
hereby declare and establish the following restrictions, covenants and
easements appurtenant:
Article A.
DEFINITIONS:
1. The word 'Plat' shall refer to the plat of Alpental and any other
plat of adjacent real property which may hereafter be made subject to
the provisions hereof by written instrument signed by the Alpental Land
Co., a partnership, as elsewhere provided herein.
2. The word 'Lot' or 'Lots' shall refer to lots as shown on any Plat
as defined hereby.
3. The words 'Real Property' shall refer to the real property included
within any Plat as defined hereby.
4. The word 'Committee' shall refer to the Architectural Control Committee
as created hereby.
5. The word 'Club' shall refer to the Alpental Community Club, Inc.,
a non-profit corporation formed for the purposes of providing services
and recreational facilities to its members, including owners and residents
of Lots, as herein defined.
6. The word 'River' shall refer to South Fork of the Snoqualmie River
or any other river or stream wholly or partially within or bounded by
a Plat as described herein.
7. The word "Declarant' shall refer to Alpental Land Co., a partnership,
its successors or assigns.
Article B.
LAND USE RESTRICTIONS:
1. Restriction on Non-Residential Activities, including Commercial Vacation
Home Rentals and Similar Business Operations. No part of the Real Property
shall be used for purposes other than residential purposes and no lot
shall be used for any other purpose than one single family dwelling
with appurtenant structures. The transient use of any Lot or structure
thereon for non-residential purposes such as commercial vacation rentals,
bed & breakfast, inn, motel, hotel, resort, or other commercial
transient lodging purposes is inconsistent with the single-family residential
purposes required by these Covenants and is thus specifically prohibited.
2. No firearm for purpose of hunting or target practice shall be permitted
or used on the Real Property.
3. No animals shall be kept or permitted on the Real Property except
for household pets which shall not unreasonably interfere with the use
and enjoyment of any other part of the Real Property. No commercial
raising, breeding, training or dealing in animals shall be conducted
on or from any lot.
4. No sign, billboard or advertising structure shall be located, placed
or maintained on the Real Property. One (1) sign of approved style,
not exceeding four square feet, may be placed on a lot improved with
a residence to offer such property for sale. Any sign on Real Property
in violation hereof may be removed from the Real Property by the committee.
5. Each lot shall be maintained in a clean, slightly condition at all
times and be kept free of litter, junk, containers equipment and building
materials. However the reasonable keeping of equipment and materials
on a Lot during construction on such a Lot shall be permitted. All refuse
from use of a Lot stall be kept in sanitary containers which shall be
concealed from view and regularly emptied.
6. All clothesline, TV antennas, TV dishes over twenty four (24) inches
in diameter and storage facilities on a Lot shall be screened from view
on the roads and adjacent lots. No Lot shall be used in whole or part
for storage for anything which shall cause such a Lot to appear unclean,
disorderly or untidy condition. No noxious or offensive material shall
be permitted on any Lot nor shall anything be permitted on any Lot that
may be or become a nuisance or unreasonably interfere with the use and
enjoyment of any part of the Real Property.
7. No tree with a trunk In excess of five to six (5-6) inches in diameter
on the Real Property shall be removed or destroyed without the prior
written consent of the committee. (Owners are encouraged to leave as
many smaller trees as possible.)
8. No truck, boat, camper, trailer or commercial vehicle and no goods,
wares, equipment or paraphernalia used in or about any business or commercial
endeavor shall be regularly kept or maintained on any lot unless the
same shall be wholly screened from view of any part of the Real Property.
9. No vehicle shall be parked or kept on the roads shown in the Plat.
In the event that any vehicle is parked or kept on any such road, the
Club, at its option, shall have the right to remove the same at the
expense of the owner thereof.
Article C.
BUILDING RESTRICTIONS:
1. Each dwelling and any appurtenant structures placed on a Lot shall
conform strictly to a uniform pattern of external appearance as defined
in this article. The intent of these declarations is to require that
such external appearance be substantially identical with the style and
appearance of traditional Tyrolean-Bavarian Alpine houses. The provisions
of the Article shall be strictly construed to accomplish this purpose
against the free use of the property. In the event of a question of
interpretation of whether the external appearance of any structure placed
or proposed to be placed on a Lot shall conform to this Article, any
and all parties interested in the Real Property agree to be bound by
and comply with the decisions of the committee. At the time of recording
these provisions the Committee has been furnished with the drawings
and pictures of dwellings which conform to these provisions in external
appearance and such drawings and pictures may be used in guiding any
decision of the committee hereunder. The committee shall furnish on
written request of any party interested in a Lot copies of such drawings
and pictures for which the Committee may require the payment of a reasonable
charge to cover the cost of reproduction.
2. In conformity with the foregoing no dwelling or appurtenant structure
shall be erected, placed or permitted upon a lot unless its appearance
shall conform to the following:
(a) The roof shall have a pitch of not less than a 4-12 pitch nor more
than an 8-12 pitch, measured from the horizontal line. It is recommended
that metal sheeting be used for roofing material. The color of which
shall be brown, green or red. All roofs shall be gable type having cave
overhangs of not less than three and one-half feet from the exterior
wall. It is recommended the barge board be scalloped or carved design
in traditional Tyrolean-Bavarian Alpine style. In no event shall there
be any A-frame style structure.
(b) The dwelling shall have at least two stories above average grade.
A dwelling may have a basement but in such event such a basement shall
not be considered a story in height. As herein ‘Basement’
means, in addition to its usual meaning, a portion of the dwelling enclosed
by a concrete wall not to exceed one story in height, the floor of which
is at or near finish grade of the lot.
(c) Foundation and/or first floor shall be white. All upper stories
of wood shall be brown. Upper stories of stucco shall be white with
brown trim. Natural stone shall be accepted.
(d) It is recommended that exterior windows shall be equipped with operative
or decorative wood shutters designed in the traditional Tyrolean-Bavarian
Alpine style.
(e) Each dwelling shall have balconies with railing of the traditional
Tyrolean-Bavarian Alpine design. The shutters, railing and barge board
designs on each dwelling shall be consistent and compatible.
(f) It is encouraged but not required that each dwelling have a bell
tower at the peak of ifs roof consisting of a frame supporting a smaller
roof structure.
(g) Any structure appurtenant to a dwelling including covered walkways
and garages shall have a consistent decorative style and coloring with
the dwelling.
3. In addition to the foregoing external appearance requirements, no
dwelling or appurtenant structure shall be placed, erected or permitted
on any lot unless it shall comply with the following:
(a) Each dwelling shall be of permanent construction and have not less
than One Thousand (1000) square feet of fully enclosed area devoted
to living purposes.
(b) There shall be off street parking facilities provided for each dwelling
for at least two vehicles including any garage or carport facilities.
(c) Prior to erecting or placing any structure upon a Lot or, altering
the external appearance of any existing structure, the plans and specifications
thereof shall be submitted to and approved by the committee as hereafter
provided, and the structure as erected, placed, maintained or altered
on a Lot shall conform to such approved plans and specifications.
4. No temporary structure, trailer, tent, garage, or outbuilding shall
be placed upon a Lot; provided that a temporary structure may be used
for storage of materials during construction with the prior written
consent of the committee.
5. The work of constructing, altering or repairing any structure on
a Lot shall be diligently prosecuted from its commencement until completion
thereof, but in any event the exterior shall be completed no later than
December 1st next following commencement of the work.
6. No artificial structure shall be placed beyond the bank of the river
within any Lot No land fill, retaining wall or bulkhead shall be constructed
along the bank of the river within any Lot, except that the placement
of protective devices such as rock to prevent erosion shall be permitted
if the plans and specifications thereof are first approved by the committee
as maintaining the natural appearance of the river and the installation
thereof shall conform to such plans and specifications.
Article D.
ARCHITECTURAL CONTROL COMMITTEE:
1. There shall be an Architectural Control Committee consisting of two
members. The first members of such committee shall be James Griffin
and Robert Mickelson. The address of the Committee shall be P.O. Box
34, Lakeview, Washington until written notice of change of address is
filed of record with the auditor of King county. In the event of any
vacancy on the Committee, the remaining member may designate a new member
to fill such vacancy. At any time the members of the Committee may transfer
and assign the functions of the Committee to the trustees of the Club.
Such designation or transfer may be made by filing a written notice
thereof with the auditor of King County, Washington.
2. All plans and specifications required to be submitted to the Committee
shall be submitted by mail to the address of the Committee in duplicate,
shall be in writing, shall contain the name and address of the person
submitting the same, and shall set forth the Lot involved and the following
with respect to the proposed structure: The location of the structure
upon the Lot, the elevation of the structure with reference to the existing
and finished grade, the general design with exterior elevation drawings
of all exterior sides, the interior layout, the exterior finish materials
and color including roof materials and such other information as may
be required by the Committee to determine whether such structure conforms
with these restrictions.
3. In addition to its discretionary authority granted elsewhere herein,
the Committee shall have authority to make determinations involving
esthetic considerations relating to structures appurtenant to dwellings
such as the height, configuration, design, location and appearance of
out buildings, walls, pools and other appurtenant facilities. Such determinations
shall be binding on all persons interested. There shall be no fences
permitted on any Lot; provided, however, that the Committee may permit
fencing on a temporary basis for safety purposes on a Lot.
4. As a condition to approval the Committee may require that a written
certificate accompany any plans and specifications submitted pursuant
hereto, which certificate shall be made by a licensed architect or professional
engineer and shall certify that the structure proposed in such plans
and specifications is structurally adequate to bear reasonably anticipated
snow loads in the area of the Real Property with a margin of safety
of fifty percent (50%). In any event the Committee shall not be liable
for any loss or damage incurred by any person, firm or corporation by
virtue of any actual or alleged structural weakness of any structure
placed on a Lot with the approval of the Committee regardless of whether
such certificate is required or furnished.
5. Within sixty days after receipt of plans and specifications, the
Committee shall approve or disapprove such plans and specifications
and may disapprove such plans and specifications which in its opinion
do not conform to these restrictions or its esthetic standards. Approval
or disapproval shall be made upon one of the copies thereof and returned
to the address shown in the plans and specifications. In the event that
no disapproval of such plans and specifications is given within sixty
days of submission in compliance herewith, such plans shall be deemed
approved.
6. The Committee may appoint advisory committees from time to time to
solicit advisory opinions to advise it on matters pertaining to the
Real Property. No person on the Committee or acting for it shall be
responsible for any defect in any plan or specifications submitted or
approved nor for any defect in any work according to such plans and
specifications. The Committee may seek the advisory opinion of the Board
of Trustees regarding conformity to the restrictions or aesthetic standards
set forth in the Covenants.
7. The Committee shall have the authority to approve plans and specifications
which do not conform to these restrictions in order to overcome practical
difficulties or prevent hardships in the application of these restrictions;
provided that such variations so approved shall not be materially injurious
to the improvements of other Lots and shall not constitute a waiver
of the restrictions herein contained but shall be in furtherance of
the purposes and intent of these restrictions. if the Committee intends
to approve plans and specifications which do not conform to the restrictions,
the Committee may first consult with the Board of Trustees in order
to ensure adherence to the purposes and intent of these restrictions.
Article E.
THE CLUB AND SERVICES:
1. Alpental Community Club, Inc., a nonprofit corporation (herein defined
as the Club), has been formed for the purposes of furnishing and regulating
road maintenance, snow removal services, and such other services and
facilities for the benefit of the owners and residents of Lots as may
be deemed advisable. There shall be one membership in the Club for each
Lot of each Plat and no more. Each membership for a Lot shall be appurtenant
to the title and shall be transferable only as part of the transfer
of the title to a Lot. Each such membership shall entitle the owners
of the Lot, the residents therein, and their families to enjoy the service
and facilities of the Club subject to the rules, regulations and payments
as may now or hereafter be established by the Club, which rules, regulations
and payments shall apply equally to all memberships. Nothing herein
shall preclude the Club from making its services and facilities available
to such others as it deems advisable. In any event, Declarant shall
have the right by written instrument placed of record to include the
real property in proximity to the Plat as Lots by defining the scope
of such Lots thereby entitling the owners thereof to membership in the
Club.
2. Portions of the Real Property, if any, used by the Club shall not
be subject to the restrictions elsewhere imposed herein but shall be
used for such facilities as the Club deems advisable for the benefit
of its members. In the event that the Club is lawfully dissolved and
its assets liquidated, then the restrictions provided for elsewhere
herein shall be effective as to such properties. By accepting conveyances
of property in the Plat, the Club's membership agrees to comply with
the provisions of this Article E.
3. In order to provide the Club with funds for the cost of furnishing
services and maintaining its various properties, each grantee and vendee
of Lots, their heirs, successors and assigns shall and do by the act
of accepting a deed or entering into a contract of sale as a vendee,
jointly and severally agree that they and each of them shall accept
and take membership in the Club and shall pay to the Club the assessments,
dues and charges levied according to the Bylaws of the Club. In the
event that such assessments, dues or charges remain unpaid for a period
of sixty days after the due date then the Club may record a written
notice with the auditor of King county, Washington that claims a lien
against the lot to which the membership is appurtenant for the amount
of delinquent assessments, dues and charges due from such membership
together with interest at the rate of ten per cent (10%) per annum from
the due date until paid and attorney's fees incurred incident thereto.
From and after recording such notice, the Lot to which the membership
is appurtenant shall be subject to a lien to the Club as security for
the sums designated in such notice together with any other unpaid assessments,
dues and charges which may accrue thereafter with interest and attorney's
fees until satisfied of record and such lien may be foreclosed in the
manner of a mortgage of real property and in such foreclosure action
the Club shall record a reasonable sum as attorney's fees therein and
the reasonable costs of searching and abstracting the public records.
No satisfaction made of record or foreclosure shall constitute a release
of the Club's rights hereunder with respect to future delinquent assessments,
dues and charges.
4. The amount of the assessments and dues which the Club may assess
or charge its membership shall be based on the anticipated costs of
operating the Club, and maintaining the roads and providing for snow
removal with reasonable provision for reserves, all as determined by
the trustees of the Club. However, there shall be no dues and assessments
charged until after December 1, 1967 and thereafter until December 31,
1971, the aggregate annual amount of the dues and assessments payable
by each membership shall not exceed $120.00 unless such limitation shalt
be increased by vote of 75% of the membership present at a meeting of
the Club's membership convened according to its bylaws for the purpose
of changing such maximum assessment. No dues or assessments shall be
payable by any membership appurtenant to a Lot until either (a) such
Lot is first sold by Declarant, or (b) is improved with a dwelling structure,
whichever first occurs after the recording of the Plat. The Club may
make reasonable charges for services and utilities furnished by it to
its membership in addition to dues and assessments. In determining dues
and assessments, the aggregate cost of snow removal shall be allocated
equally to each Lot.
5. In consideration of the rights and liens conferred upon the Club
hereby, it agrees to maintain the roads and vehicular traffic easements
in the Plat and drainage system therefore, except Erste Strasse. When
it deems feasible to do so, the Club shall cause the roads or easements,
or both, in the Plat, or some of them, except Erste Strasse, to be reasonably
plowed and passable during the winter season. Such service shall be
performed for the benefit of its membership until such time, if any,
that such functions shall be assumed by a public authority.
6. Water System turn-over.
7. For the purpose of assuming the obligations herein to be performed
by the Club, it joins in the execution hereof.
Article F.
EASEMENTS AND RESERVATIONS
1. The owners of each Lot, their invitees and licensees, are hereby
granted a non-exclusive easement for ingress and egress over and across
the roads shown in the Plat together with an easement for ingress and
egress over and across the roads providing access including that certain
easement recorded under auditor's No 5941171 at Volume 4710 of Deeds,
page 399, records of King county, Washington, subject, however, to the
terms and conditions thereof as it pertains to persons other than owners,
and the easement created by instrument recorded under auditor's file
No. 6072151, at Volume 4828 of Deeds, page 240, records of King county,
Washington, which easements of ingress and egress shall he appurtenant
to each Lot. The parties in interest to Lots 8 to 17 inclusive, Block
2, of the plat of Alpental are hereby granted a non-exclusive easement
for ingress and egress and for utilities over, across and under the
20 foot Utilities and Road Easement as shown on the plat of Alpental
on Los 21 to 29 inclusive and Lots 9 to 17 inclusive of said Block 2
of Plat. The parties in interest to Lots 57 to 62 inclusive, of said
Block 2 are hereby granted non-exclusive easement for ingress and egress
and for utilities over, across and under the 20 foot Utilities and Road
Easement as shown on the plat of Alpental on Lots 50 to 55 inclusive
and Lots 57 to 61 inclusive of said Block 2. Nevertheless, Declarant
reserves to itself, its successors and assigns and is hereby granted
the right to grant such other rights of way and easements for the use
of the roads in the Plat and the above described Utilities and Road
Easements or any part thereof to others for such purposes and uses,
including access and utilities, and to such terms and conditions as
Declarant deems advisable.
2. Declarant reserves to itself, its successors and assigns and is granted
any and all rights to use and appropriate the waters of the River together
with the right to grant the exclusive use of the same upon such terms
as it deems advisable and further reserves to itself, its successors
and assigns and is granted the right to grant exclusive right to use
any or all easements, licenses or rights appurtenant to the Real Property
as its deems advisable, subject to the rights hereby created.
3. In order to provide for a procedure to dedicate the roads in the
Plat to public use, the Club is hereby granted the right, power and
authority to dedicate to public use, subject to any existing property
rights, all of the roads shown on the Plat except for Erste Strasse.
The right, power, and authority to dedicate Erste Strasse as shown on
the Plat and any extension thereof without the Plat to U.S. Highway
10 or other public right of way is hereby granted to the Club and Declarant,
acting jointly. The Club shall have the right, power and authority to
transfer all or any part of the easements, rights or authority it may
acquire incident to providing utilities to its membership to a government
authority with jurisdiction to assume such functions. However, any such
right, authority and power granted in this paragraph 3 to the Club shall
be subject to the following limitations: (a) at the time that such power
is exercised there shall have been at least eighty (80) dwellings constructed
in the Plat, (b) there shall be eighty-five (85) memberships of the
Club standing in the names of different persons, and (c) such exercise
of power shall have been authorized by an affirmative vote of a majority
of its membership present at any meeting convened according to its Bylaws
called for such purpose.
4. There is hereby granted to Declarant, the right to grant easements
for utilities and drainage with access upon such terms and conditions
as it deems advisable over, across and under a strip of land five feet
in width along each and every Lot line as shown on the Plat.
Article G.
MISCELLANEOUS:
1. The covenants, restrictions, easements, rights, liens, and encumbrances
herein provided for shall be covenants running with the land and shall
be binding upon the Real Property and any and all parts thereof, the
parties in interest thereto and their heirs, assigns, personal representatives
and successors in interest. Accepting an interest in and to any portion
of the Real Property shall constitute an agreement by any person, firm
or corporation accepting such interest, that they and each of them shall
be bound by and subject to the provisions hereof
2. In the event that any provision hereof shall be declared to be invalid
by any court of competent jurisdiction, no other provision shall be
affected thereby and the remaining provisions shall remain in full force
and effect. No waiver of the breach of any provision shall constitute
a waiver of a subsequent breach of the same provision or of any other
provision. No right of action shall accrue for or on account of the
failure of any person to exercise any right hereunder nor for requiring
compliance with any provision, condition, restriction or covenant which
may be determined unenforceable.
3. The parties in interest in and to any part of the Real Property and
the Club, for the benefit of the owners of the Real Property and each
of them shall have the right and authority to enforce the provisions
hereof and in addition to any other remedy for damages or otherwise,
shall have the right to injunctive relief. Except for the foreclosure
of the lien provided for in Paragraph 3 of Article E, the prevailing
party in any action to enforce any provision hereof shall recover a
reasonable sum as attorney's fees together with the reasonable costs
of searching and abstracting the public record which sums shall be paid
by the unsuccessful party. The Board of Trustees shall establish and
publish procedures for enforcement of these covenants and restrictions.
4. Declarant or its successors may subject any real property in the
general area of the Real Property to all or any part of the provisions
of this instrument as a part of the plan of subdivision of real property
by filing of record a declaration of such intent signed by Declarant
and the owners thereof as the sub dividers thereof. Except for the foregoing
no other properties may be made subject hereto.
Article H.
AMENDMENTS:
1. The provisions of Articles A, B, C and D hereof may be amended, changed,
revoked or terminated in whole or part within five years of the date
hereof at any time by written instrument signed by the owners of seventy-five
percent in area of the Real Property provided that Declarant shall consent
in writing thereto. Thereafter, such amendment, change, revocation or
termination may be made by such an instrument signed by the owners of
a majority in area of the Real Property. Such instrument shall be effective
only when recorded with the auditor of King County, Washington.
2. For the purposes of this Article H. the word ‘Owner’
shall mean any person, firm or corporation holding either fee title
or a vendee's interest under a real estate contract as shown by the
records of King county, Washington to the exclusion of any other interest.
ALPENTAL COMMUNITY CLUB, INC. ALPENTAL LAND CO., a partnership
/s/ /s/
By: By:
President for MIKKI, INC., partner
/s/ /s/
By: By:
Secretary for MIKKI, INC., partner
/s/
By:
for J.S.G., INC., partner
/s/
By:
for SULLAND CO, INC., partner
/s/
LYNN A. EASTHAM
/s/
VERNA J. EASTHAM
/s/
HEREFORD T. FITCH
/s/
CORNELIA M. FITCH
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