Document Title: Amendment to Protective Covenants for All of Chiwawa River Pines

Transcription

1 Evelyn L. Arnold, Auditor, Chelan County, WA l\fn # Recorded 1004,4M 10/07/2008 COVEN Page 1 of 8 $49.00 CHIWAWA COM~J1UNITIES ASSOC RETURN ADDRESS: Chiwawa Communities Association 2393 Kinnikinnick Dr. Leavenworth, WA Document Title: Amendment to Protective Covenants for All of Chiwawa River Pines Grantor: Chiwawa Communities Association, Inc., a Washington non-profit corporation Grantee: Chiwawa Communities Association, Inc., a Washington non-profit corporation Legal Description (abbreviated: (i. e., lot, block, plat or section, township, range): Tracts of the Chiwawa River Pines according to the plat of Chelan County, Washington, in Chiwawa River Pines recorded as: Section #1 Volume 6 Page 48 (No 1 Block 1 Lots 1 through 13; No.1 Block 2 Lots 1-7; No.1 Block 3 Lots 1-12) Section #2 Volume 6 Page 48 (No.2 Lots 1-81) Section #3 Volume 6 Page 75 (No.3 Lots 1-26: Short Plats 1 -'-6) Section #4 Volume 7 Pages (No.4 Lots 1-80) Section #5 Volume 7 Pages (No.5 Lots 1-49) Section #6 Volume 7 Pages (No.6 Lots 1-93) In records of Chelan County, Washington in Section 31, Township 27 North, Range 18 East of the Willamette Meridian in Chelan County, Washington, lying east and west of the Chiwawa River Assessor's Property Tax Parcel/Account Number(s): See following pages

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5 Section 6 (cont.) Short Plats

6 AMENDMENT TO PROTECTIVE COVENANTS FOR ALL OF CHIWA WA RIVER PINES / ICi.. This Amendment is made this 3 day of t3c/v.k, 2008 by the Chiwawa Communities Association, Inc., a Washington non-profit corporation ("Association"). WHEREAS, the Protective Covenants dated April 23, 1998, amended September 28, 1991 and recorded on December 24, 1992 under Recording No (the "Declaration") restricts lot use to single family residential use and prohibits commercial use and nuisance; WHEREAS, the Declaration states in part that the owners of the lots, by majority vote, may change the protective covenants in whole or in part. See Protective Covenants, paragraph 10; WHEREAS, a special meeting was called on September 27,2008 to vote on three independent exceptions to commercial use: service-oriented businesses, long-term rentals, and short-term rentals; and WHEREAS, a resolution to amend the Declaration to allow service-oriented and long-term rentals was approved by majority vote as described herein; businesses This amendment to the covenants is to apply to all of the lots and tracts of the Chiwawa River Pines according to the plat of Chelan County, Washington, in Chiwawa River Pines recorded as: Section # 1 Volume 6 Page 48 Section #2 Volume 6 Page 48 Section #3 Volume 6 Page 75 Section #4 Volume 7 Pages Section #5 Volume 7 Pages Section #6 Volume 7 Pages In records of Chelan County, Washington in Section 31, Township 27 North, Range 18 East of the Willamette Meridian in Chelan County, Washington, lying east and west of the Chiwawa River.

7 Lots shall be utilized solely for single family residential use consisting of single residential dwelling and such out-buildings (garage, patio structure), as consistent with permanent or recreational residence. Lots shall not be utilized for industrial or commercial EXCEPT for the following: (1) Long-term, low-impact service-oriented business: Long-term, lowimpact service-oriented businesses are defined as businesses operated by owners that reside on their properties on an ongoing basis, provide a direct benefit to the Association and its owners, and have a low impact on the community and its resources. Examples of long-term, low-impact, service-oriented businesses include the following: Trail grooming, backhoe operators, snow removal and accounting services. The Board of Trustees may approve long-term, low-impact, service-oriented businesses in addition to the examples given on a case by case basis. All long-term, low-impact, service-oriented businesses must comply with local zoning and permitting regulations and subject to the Protective Covenants and By-laws. (2) Long-term residential rentals for a period of more than six (6) consecutive months: All residential rentals for a period of six (6) consecutive months or more shall be permitted, shall be in writing, subject to compliance with local zoning and permitting regulations, and subject to the Protective Covenants and By-laws. All residential rentals for a period of less than six (6) consecutive months shall not be permitted. All habitable structures must be located not nearer than 20 feet to the front lot line. Structures shall be of new construction and shall not be commenced until building permit of appropriate public body is obtained. Progress of construction shall be steadily progressed and exterior to be completed within twelve (12) months from commencement of construction. 4. NUISANCES OR OFFENSIVE USE. Paragraph 5, "Nuisances or Offensive Use" shall be amended as follows: No nuisance or offensive use shall be conducted or suffered as to lots subject hereto, nor shall any lot be utilized for industrial or commercial use (except as authorized under section 4, "Land Use" and for appropriate real estate sale signs on sale of lots), nor as a dump, nor shall there be kept animals or stock of any kind other than conventional, domestic pets with the exception of horses, etc. stabled on the lot for short-term recreational activities complying with non-road usage in Chiwawa River Pines, except for entrance and exit. Lot owners retaining

8 animals must confine their animals to prevent them from wandering off the lot and must maintain cleanliness of grounds to eliminate animal offensive wastes, odors, flies, etc. at all times. All garbage and refuse shall be stored on the owner's lot, in sanitary containers obscured from public view, and shall be regularly hauled by or for the owner to public dump or other suitable dump site not within the area subject hereto. 5. Except as amended hereby, the Declaration remains unchanged and in full force and effect. Failure to comply with said rules will result in discontinuation of water service to the lot. ::IWAW COMMUNIT0TION, INe. Its: Mike Stanfor President STATE OF WASHINGTON ) ) ss. COUNTY OF CHELAN ) On this 03 day of0dvbor, 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mike Stanford, to me known to be the person who signed as President of Chiwawa Communities Association, Inc., the Washington non-profit corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said non-profit corporation for the uses and purposes therein mentioned, and on oath stated that Mike Stanford was duly elected, qualified and acting as said officer of the non-profit corporation. day of D(l~, 2008.