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Filed for Record at Request of and
Copy returned to:
Corral Creek Ranch, LLC
203-216th St SE, Bothell, WA 98021
DOCUMENT: Declaration of Covenants, Conditions and Restrictions
GRANTOR(S):
1. Corral Creek Ranch LLC
LEGAL DESCRIPTION:
Legal description on exhibit A
COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration is made and entered by Corral Creek Ranch LLC, a Washington Limited Liability Company, referred to below as ("Declarant"). Declarant does hereby declare and set forth covenants, conditions and restrictions ("CC&R's") to run with all of the lands described below as provided by law, which covenants, conditions, restrictions, and reservations of easements shall be binding upon all parties and persons claiming an interest in any of the property described hereafter, and which covenants, conditions, restrictions, and reservations of easements shall be for the benefit of and limitations upon all future owners, and being for the purpose of keeping said real estate desirable, uniform and suitable in architectural design and use as specified herein.
The following disclosures and representations are made:
A. The land affected by this Declaration, as of the date of execution of this Declaration, is legally described on Exhibit A attached hereto (the "Property").
B. The current configuration of the lots (the "Lots") is as depicted on the map of the Property attached hereto as Exhibit B. The drawing is intended to indicate the current intended location and layout for the Property, and to provide a way to identify Lots and areas referred to in this Declaration.
C. Utility and Road easements are described on Exhibit C
D. Declarant intends by this document to impose upon the entire Property described herein, a mutually beneficial and enforceable common plan of reciprocal covenants, conditions and restrictions.
Therefore, Declarant hereby declares that the Property shall be held, conveyed, sold, and improved, subject to the following declarations, limitations, covenants, conditions and restrictions, all of which are for the purpose of enhancing and protecting the value, recreational use, residential use and attractiveness of the Property, and every part thereof, as residential recreational land. All of the limitations, covenants, conditions and restrictions shall constitute covenants and encumbrances which shall run with the land and shall be binding upon Declarant and its successors-in-interest and assigns for its term and all parties having or acquiring any right, title, or interest in or to any part of the Property.
CORRAL CREEK RANCH HOMEOWNERS ASSOCIATION LAWS AND REGULATIONS
INTENT.
The intent of this chapter is to provide consistent laws regarding the formation and legal administration of homeowners' associations.
DEFINITIONS
(1) "Homeowners' association " or "association " means a corporation, unincorporated association, or other legal entity, each member of which is an owner of residential real property located within the association's jurisdiction, as described in the governing documents, and by virtue of membership or ownership of property is obligated to pay real property taxes, insurance premiums, maintenance costs, or for improvement of real property other than that which is owned by the member. "Homeowners' association " does not mean an association created under chapter 64.32 or 64.34 RCW.
(2) "Governing documents " means the articles of incorporation, bylaws, plat, declaration of covenants, conditions, and restrictions, rules and regulations of the association, or other written instrument by which the association has the authority to exercise any of the powers provided for in this chapter or to manage, maintain, or otherwise affect the property under its jurisdiction.
(3) "Board of directors " or "board " means the body, regardless of name, with primary authority to manage the affairs of the association.
(4) "Common areas " means property owned, or otherwise maintained, repaired or administered by the association.
(5) "Common expense " means the costs incurred by the association to exercise any of the powers provided for in this chapter.
(6) "Residential real property " means any real property, the use of which is limited by law, covenant or otherwise to primarily residential or recreational purposes.
ASSOCIATION MEMBERSHIP
The membership of an association at all times shall consist exclusively of the owners of all real property over which the association has jurisdiction, both developed and undeveloped.
ASSOCIATION POWERS
Unless otherwise provided in the governing documents, an association may:
(1) Adopt and amend bylaws, rules, and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from owners;
(3) Hire and discharge or contract with managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more owners on matters affecting the homeowners' association, but not on behalf of owners involved in disputes that are not the responsibility of the association;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common areas;
(7) Cause additional improvements to be made as a part of the common areas;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property;
(9) Grant easements, leases, licenses, and concessions through or over the common areas and petition for or consent to the vacation of streets and alleys;
(10) Impose and collect any payments, fees, or charges for the use, rental, or operation of the common areas;
(11) Impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the board of directors or by the representative designated by the board of directors and in accordance with the procedures as provided in the bylaws or rules and regulations adopted by the board of directors, levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners for violation of the bylaws, rules, and regulations of the association;
(12) Exercise any other powers conferred by the bylaws;
(13) Exercise all other powers that may be exercised in this state by the same type of corporation as the association; and
(14) Exercise any other powers necessary and proper for the governance and operation of the association.
BOARD OF DIRECTORS - STANDARD OF CARE - RESTRICTIONS - BUDGET - REMOVAL FROM BOARD
(1) Except as provided in the association's governing documents or this chapter, the board of directors shall act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board of directors shall exercise the degree of care and loyalty required of an officer or director of a corporation organized under chapter 24.03 RCW.
(2) The board of directors shall not act on behalf of the association to amend the articles of incorporation, to take any action that requires the vote or approval of the owners, to terminate the association, to elect members of the board of directors, or to determine the qualifications, powers, and duties, or terms of office of members of the board of directors; but the board of directors may fill vacancies in its membership of the unexpired portion of any term.
(3) Within thirty days after adoption by the board of directors of any proposed regular or special budget of the association, the board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the association are allocated or any larger percentage specified in the governing documents reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the board of directors.
(4) The owners by a majority vote of the voting power in the association present, in person or by proxy, and entitled to vote at any meeting of the owners at which a quorum is present, may remove any member of the board of directors with or without cause.
REMOVAL OF DISCRIMINATORY PROVISIONS IN GOVERNING DOCUMENTS - PROCEDURE
(1) The association, acting through a simple majority vote of its board, may amend the association's governing documents for the purpose of removing:
(a) Every covenant, condition, or restriction that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals of a specified race, creed, color, sex, or national origin; families with children status; individuals with any sensory, mental, or physical disability; or individuals who use a trained dog guide or service animal because they are blind or deaf or have a physical disability; and
(b) Every covenant, condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin; families with children status; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a physical disability or who is blind or deaf.
(2) Upon the board's receipt of a written request by a member of the association that the board exercise its amending authority granted under subsection (1) of this section, the board must, within a reasonable time, amend the governing documents, as provided under this section.
(3) Amendments under subsection (1) of this section may be executed by any board officer.
(4) Amendments made under subsection (1) of this section must be recorded in the public records and state the following:
"This amendment strikes from these covenants, conditions, and restrictions those provisions that are void under RCW 49.60.224. Specifically, this amendment strikes:
(a) Those provisions that forbid or restrict use, occupancy, conveyance, encumbrance, or lease of real property to individuals of a specified race, creed, color, sex, or national origin; families with children status; individuals with any sensory, mental, or physical disability; or individuals who use a trained dog guide or service animal because they are blind or deaf or have a physical disability; and
(b) Every covenant, condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, creed, color, sex, national origin; families with children status; the presence of any sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a person with a physical disability or who is blind or deaf."
(5) Board action under this section does not require the vote or approval of the owners.
(6) As provided in RCW 49.60.227, any owner, occupant, or tenant in the association or board may bring an action in superior court to have any provision of a written instrument that is void pursuant to RCW 49.60.224 stricken from the public records.
(7) Nothing in this section prohibiting discrimination based on families with children status applies to housing for older persons as defined by the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995. Nothing in this section authorizes requirements for housing for older persons different than the requirements in the federal fair housing amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing for older persons act of 1995, P.L. 104-76, as enacted on December 28, 1995.
(8) Except as otherwise provided in subsection (2) of this section, (a) nothing in this section creates a duty on the part of owners, occupants, tenants, associations, or boards to amend the governing documents as provided in this section, or to bring an action as authorized under this section and RCW 49.60.227; and (b) an owner, occupant, tenant, association, or board is not liable for failing to amend the governing documents or to pursue an action in court as authorized under this section and RCW 49.60.227.
ASSOCIATION BYLAWS
Unless provided for in the governing documents, the bylaws of the association shall provide for:
(1) The number, qualifications, powers and duties, terms of office, and manner of electing and removing the board of directors and officers and filling vacancies;
(2) Election by the board of directors of the officers of the association as the bylaws specify;
(3) Which, if any, of its powers the board of directors or officers may delegate to other persons or to a managing agent;
(4) Which of its officers may prepare, execute, certify, and record amendments to the governing documents on behalf of the association;
(5) The method of amending the bylaws; and
(6) Subject to the provisions of the governing documents, any other matters the association deems necessary and appropriate.
FLAG OF THE UNITED STATES - OUTDOOR DISPLAY - GOVERNING DOCUMENTS
(1) The governing documents may not prohibit the outdoor display of the flag of the United States by an owner or resident on the owner's or resident's property if the flag is displayed in a manner consistent with federal flag display law, 4 U.S.C. Sec. 1 et seq. The governing documents may include reasonable rules and regulations, consistent with 4 U.S.C. Sec. 1 et seq., regarding the placement and manner of display of the flag of the United States.
(2) The governing documents may not prohibit the installation of a flagpole for the display of the flag of the United States. The governing documents may include reasonable rules and regulations regarding the location and the size of the flagpole.
(3) For purposes of this section, "flag of the United States " means the flag of the United States as defined in federal flag display law, 4 U.S.C. Sec. 1 et seq., that is made of fabric, cloth, or paper and that is displayed from a staff or flagpole or in a window. For purposes of this section, "flag of the United States " does not mean a flag depiction or emblem made of lights, paint, roofing, siding, paving materials, flora, or balloons, or of any similar building, landscaping, or decorative component.
(4) The provisions of this section shall be construed to apply retroactively to any governing documents in effect on June 10, 2004. Any provision in a governing document in effect on June 10, 2004, that is inconsistent with this section shall be void and unenforceable.
POLITICAL YARD SIGNS - GOVERNING DOCUMENTS
(1) The governing documents may not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property before any primary or general election. The governing documents may include reasonable rules and regulations regarding the placement and manner of display of political yard signs.
(2) This section applies retroactively to any governing documents in effect on July 24, 2005. Any provision in a governing document in effect on July 24, 2005, that is inconsistent with this section is void and unenforceable.
ASSOCIATIONS MEETINGS - NOTICE - BOARD OF DIRECTORS
(1) A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board of directors, or by owners having ten percent of the votes in the association. Not less than fourteen nor more than sixty days in advance of any meeting, the secretary or other officers specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by first class United States mail to the mailing address of each owner or to any other mailing address designated in writing by the owner. The notice of any meeting shall state the time and place of the meeting and the business to be placed on the agenda by the board of directors for a vote by the owners, including the general nature of any proposed amendment to the articles of incorporation, bylaws, any budget or changes in the previously approved budget that result in a change in assessment obligation, and any proposal to remove a director.
(2) Except as provided in this subsection, all meetings of the board of directors shall be open for observation by all owners of record and their authorized agents. The board of directors shall keep minutes of all actions taken by the board, which shall be available to all owners. Upon the affirmative vote in open meeting to assemble in closed session, the board of directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the association, and matters involving the possible liability of an owner to the association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The board of directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the board of directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure.
QUORUM FOR MEETING
Unless the governing documents specify a different percentage, a quorum is present throughout any meeting of the association if the owners to which thirty-four percent of the votes of the association are allocated are present in person or by proxy at the beginning of the meeting.
FINANCIAL AND OTHER RECORDS - PROPERTY OF ASSOCIATION - COPIES - EXAMINATION - ANNUAL FINANCIAL STATEMENT - ACCOUNTS
(1) The association or its managing agent shall keep financial and other records sufficiently detailed to enable the association to fully declare to each owner the true statement of its financial status. All financial and other records of the association, including but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the association. Each association managing agent shall turn over all original books and records to the association immediately upon termination of the management relationship with the association, or upon such other demand as is made by the board of directors. An association managing agent is entitled to keep copies of association records. All records which the managing agent has turned over to the association shall be made reasonably available for the examination and copying by the managing agent.
(2) All records of the association, including the names and addresses of owners and other occupants of the lots, shall be available for examination by all owners, holders of mortgages on the lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the association or its managing agent. The association shall not release the unlisted telephone number of any owner. The association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the association in providing access to records.
(3) At least annually, the association shall prepare, or cause to be prepared, a financial statement of the association. The financial statements of associations with annual assessments of fifty thousand dollars or more shall be audited at least annually by an independent certified public accountant, but the audit may be waived if sixty-seven percent of the votes cast by owners, in person or by proxy, at a meeting of the association at which a quorum is present, vote each year to waive the audit.
(4) The funds of the association shall be kept in accounts in the name of the association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the association or any other person responsible for the custody of such funds.
VIOLATION - REMEDY - ATTORNEYS FEES
Any violation of the provisions of this chapter entitles an aggrieved party to any remedy provided by law or in equity. The court, in an appropriate case, may award reasonable attorneys' fees to the prevailing party.
ARTICLE I
ASSOCIATION, ADMINISTRATION, MEMBERSHIP
AND VOTING RIGHTS
1.1 Organization of Association: Pursuant to the Washington Nonprofit Corporation Act, a new association shall be incorporated, as the Corral Creek Ranch Homeowners Association, a Washington corporation (hereinafter the "Association"). The Association shall adopt bylaws consistent with these CC&R's.
1.2 Duties and Powers: The duties and powers of the Association are those set forth in this Declaration, the Articles and Bylaws adopted by the Association, together with its general and implied powers of a nonprofit corporation, generally to do any and all things that a corporation organized under the laws of the State of Washington may lawfully do which are necessary or proper in operating for the peace, health, comfort, safety and general welfare of its Members, subject only to the limitations upon the exercise of such powers as are expressly set forth in this Declaration, the Articles and Bylaws. Without limiting the generality of the foregoing, the primary functions of the Association shall be enforcement of the covenants, the maintenance, operation and repair and insurance of the entry statement, private road easements over and across the Property for the purpose of ingress, egress and utilities to the Lots (A map of such roads is attached to the CC&R's as Exhibit C (the "Easements"), drainage system, parking areas or amenities, the common area and its trail system, common drainage and retention system, and any other common amenities or elements which may be constructed and/or transferred to the Association. A further purpose of the Association is the collection of Assessments and payment of common expenses to maintain, operate, insure and repair the Easements and the other common amenities (the "Common Expenses").
1.3 Membership: The Owner of a Lot shall automatically, upon becoming the Owner of that Lot, be a Member of the Association, and shall remain a Member thereof until such time as his or her ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Membership shall be in accordance with the Articles and Bylaws adopted by the Association.
1.4 Transferred Membership: Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the transfer of ownership of the Lot to which it is appurtenant; and then Membership shall immediately transfer to the new Owner. Any attempt to make a prohibited transfer is void. When a Lot is transferred to a new Owner, the Association shall have the right to record the transfer of Membership upon its books, and thereupon the old membership outstanding in the name of the former Owner shall be null and void.
1.5 Classes of Membership; Voting Requirements: The Association shall have one class of voting membership. Each Lot owner will have one vote and voting procedures shall be set forth in the Articles and Bylaws adopted by the Association; provided, however, that no action of the members shall be taken without a quorum of Members participating directly or by proxy. A quorum shall be defined in the Articles and/or Bylaws but shall not be less than one-half of all Lot Owners.
1.6 Membership Meetings: Regular and special meeting of Members of the Association shall be held with the frequency, at the time and place, and in accordance with the provisions as set forth in the bylaws. Special meetings may be called by the Board of Trustees or Members holding at least twenty-percent of the voting power of the Members.
1.7 Board of Trustees: The affairs of the Association shall be managed by a Board of Trustees, which shall be established and which shall conduct regular and special meetings according to the provisions as set forth in the Articles and Bylaws.
1.8 Use of Agent: The Board of Trustees, on behalf of the Association, may contract with a professional management agent for the performance of maintenance and repair and for conducting other activities on behalf of the Association, as may be determined by the Board.
ARTICLE 2
RESIDENCE AND USE RESTRICTIONS
2.1 Land Use and Building Type: The Property is a rural residential and year round recreation community. A goal and objective of these Covenants, Conditions and Restrictions is to maintain a quality community appearance, insure compatible development of land and structures, and to protect and enhance real estate values. The Property is designed and intended to be a territorial view community, and all design and improvement guidelines, and all covenants, conditions, and restrictions contained herein shall be construed to further this intent that views from each parcel remain unobstructed. The following residence and use provisions are designed to 1) preserve and enhance views of the surrounding landscape, 2) preserve the beauty of the existing landscape while enhancing views and usability of the Property, and 3) create homes, structures and landscapes with respect to the existing features and topography while designing classical and contemporary Northwestern mountain style homes.
(a) Minimum Dwelling Size: Each dwelling structure shall consist of a minimum of One Thousand Six Hundred (1,600) square feet, exclusive of basement, garages, patios, breezeways and detached storage rooms. For purposes of this provision, a dwelling with a finished daylight basement, which is finished at the time of initial construction, shall include the daylight basement area toward the total square footage. No mobile or manufactured homes shall be allowed. Single two story rectangular masses are not allowed.
(b) Grading: Grading and drainage improvements to the site shall minimize impact to the site and shall blend with the existing grades when finished. Natural slopes shall be used rather than retaining walls unless a retaining wall is necessary.
(f) Roofs: All roofs and roof materials shall be fire retardant and as approved by applicable governmental authorities. Subject to governmental approval, the following roof materials are permitted: metal, tile, slate, or architectural composition (Elk Prestique Plus 30-year or comparable) shingles, and comparable roofing materials. Cedar shakes or shingles shall not be permitted. Roof coverings placed on all new buildings and on all buildings being re-roofed shall be of fire resistant/retardant materials with no less than a "Class A" rating as defined by the Uniform Building Code Standard No. 32-7, or as otherwise approved in writing with supporting reasons by the Douglas/Chelan County building inspector/fire marshal.
(g) Construction: All homes constructed on each Lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. No homes on any Lot shall consist, in whole or part, of a mobile home, nor of "factory built housing" (as that term is defined in RCW 43.22.450 as in effect at the time of execution of this Declaration.)
(h) Exterior wall materials shall be natural wood, refined or natural logs, native stone, faux stone with a native appearance, suitable synthetics such as hardiboard or masonry. Reflective materials shall not be used. Untextured concrete is not permitted. Wood walls shall have vertical, board and batten or shingle, ship lap, or horizontal siding.
(i) Windows and doors shall be fitted with a minimum of 31/2" of trim both vertical and horizontal. Windows and doors shall be wood, vinyl clad, or metal clad with a natural finish. Windows and doors shall be of moderate hues and/or earth tones.
(j) Antennae and Satellite Dishes: No antenna, satellite dish or other device for the transmission or reception of radio, television, satellite signals or other form of signal transmission or reception of any sort (except "mini dishes") shall be visible from community roads or the primary building site of any parcel.
(k) Fencing: All fences and fencing materials fronting community roads or visible from other Lots shall be primarily of wood, shall be of earth tones, natural or weathered, and shall be wood rail variety, including three rail, split rail, and similar open style fencing. No closed board fencing shall be approved. No barbed wire or any kind of metal fencing, concrete block, plastic or composite may be used on the property perimeter. Low stone walls are permitted. Fence height shall be a maximum of 5 feet from ground elevation.
(l) Sport Courts, Pools and Play areas: The colors and style of outdoor structures are to be the same or complementary to the house and shall be of natural, forest or earth hues.
(m) Outbuildings: All outbuildings (detached garages, etc.) must match or complement the dwelling in roofing and siding material, color, trim application and design.
(n) Exterior Colors: Exterior colors of all buildings shall be of moderate to dark hues and/or earth tones..
(o) Exterior Lighting: All exterior lighting shall be designed primarily in the form of down-lighting, and shall be designed in a manner as to minimize the effect of the lighting to any other Lots. Subtle up-lighting for vegetation and the main home accent shall be approved if the impact on neighboring lots is minimal, and the fixtures do not emit stray light. Lighting shall be designed to cut off stray horizontal light.
2.2 Recreational vehicles, cars, trucks, boats, trailers, campers, etc. shall not be parked in the public right of way or on community roads for a period of time exceeding 8 hours, nor shall they be parked in the right of way on a daily or regular basis. All residents or guests staying more than 8 hours shall park their vehicles on private property. The community roadway shall be clear to allow the flow of traffic, including emergency vehicles, at all times.
2.3 Vegetation Restrictions: No vegetation, other than existing vegetation in excess of 10 feet in height as of August 2005, shall be allowed to restrict the view from the primary dwelling on any existing lot or any lot created by future subdivision of existing lots. View shall be defined as the area within the following lines: a line at each end of the main face of the habitable portion of the main dwelling, parallel to a line perpendicular to the center of the main face, and that area within 30 degrees of the outside of each line .This restriction shall be liberally construed so as to maintain views from the Lots.
2.4 Tree removal: Mature timber and trees may be removed only for the following reasons: for the purpose of maintaining views as outlined above (section 2.3), as well as to provide access roads, clear building sites and surrounding yards and open space, or to remove diseased and dangerous trees, as certified diseased or dangerous by a licensed and or accredited arborist or forester. Tree removal shall be the minimum necessary to accommodate the approved improvements and create and preserve the views as defined in 2.3.
2.5 Motorcycles, snowmobiles, recreational vehicles, All Terrain Vehicles, boats, airplanes, helicopters, bicycles, horses, and any other recreational vehicles are permitted for ingress and egress to all Lots. . Recreational use of motorized vehicles other than ingress and egress on easement roads is prohibited.
2.6 Vehicle & Equipment Storage: All inoperable, stored, or occasional use vehicles, recreational vehicles, motor homes, trailers, ATV's, off road vehicles, snowmobiles, motorcycles, commercial vehicles, boats and equipment must be stored inside of an enclosed building or shall be placed behind the front elevation of the house in a location not directly visible from any other residence or any community roads.
2.7 Outside Storage: Storage areas, machinery and equipment shall be prohibited unless obscured from view of any residence by natural vegetation or by an appropriate screen.
2.8 Outdoor Fire: No incinerators or other open waste burning fires shall be permitted. Burning of yard waste and forest debris shall be permitted from October 15th to April 30th subject to the bans referred to below. Recreational fire pits and controlled outdoor fires shall be permitted. The Board may, at its discretion, ban any and all outdoor burning for a temporary period based on extreme fire danger. All outdoor fire and fire pit areas shall be subject to "Firewise" provisions as prescribed by Douglas County.
2.9 Landscape and Building Envelope: Landscaping and/or the area around any structures shall be in compliance with forest fuels management and fire prevention practices published by Douglas County. Landscaping shall use natural and indigenous materials to create a transition between the natural environment and any improvements. Natural and existing features including rock outcroppings and vegetation should be used in the landscape design.
2.10 Fire Prevention: Owners of all Lots are responsible for obtaining a copy of Douglas County "Recommendations for Fire Safety and Prevention" dated March 1999, or newer if available. The Defensible Space (fire safety zone defined in Recommendations for Fire Safety and Prevention, forming a perimeter around all improvements) shall be kept free of all combustible materials including dead vegetation and forest debris.
2.11 Vacation Provisions. Any Lot may be used for vacation purposes and have a motor home or vacation trailer for a period of time not to exceed 16 weeks per calendar year. Said recreational vehicles are not to be left or stored on property unless occupied on a daily basis and as otherwise permitted by these CC&R's.
2.12 Business Use Prohibited: No trade, craft, business, or commercial or manufacturing enterprise or activity of any kind, other than a professional business conducted from an office inside the home and which does not generate excessive customer traffic, shall be conducted or carried on upon any Lot within the Property. This Section is specifically intended to prohibit maintenance or operation of a day care, unless required to be permitted by law. In addition, no goods, equipment, vehicles, materials or supplies used in connection with any business or commercial activity shall be permitted, kept, parked, stored, dismantled, or repaired on any Lot or street within the Property, unless stored entirely within a structure permitted by these CC&R's.
2.13 Nuisance Prohibited: No noxious, illegal, or offensive activities shall be carried on in any Dwelling, or in any part of the Property, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to, or which may in any way interfere with, the enjoyment of each of the Owners of his or her respective Lot. Recreational use, controlled social gatherings, or other events, which may from time to time cause an above average level of noise, shall not be considered a Prohibited Nuisance. No Lot within the Property shall be used as a dump for trash or rubbish of any kind, and all garbage or other waste shall be kept in appropriate sanitary containers for proper disposal. . No firearms may be discharged on the Property.
2.14 Temporary Structures: No structure of a temporary character, basement only, tent, shack, garage, barn, prefabricated structure or other outbuildings, or trailer shall be used as a residence, except on a temporary basis during the course of evident construction of the primary dwelling, but in no case longer than 12 months. No mobile homes are permitted on the property.
2.15 Time of Completion: Any Dwelling or structure erected or placed on any Lot in the Property shall be completed as to exterior appearance, including finished painting, within twelve(12) months from the date of commencement of construction.. Any construction not completed within 12 months from start of construction will be fined $4,000.00 for each month after that period until said construction is completed. If after 24 months construction has still not completed the developer Corral Creek Ranch LLC will have the right to purchase the land back at the appraised value of the parcel at time of non compliance minus 10%.
2.16 Utilities: All utilities to be installed, including cable, phone, power, and any other utilities shall be installed underground. No overhead utilities shall be allowed.
2.17 Animals: Animals include horses, dogs, cats, caged birds, fish in tanks, and other small household pets which shall be permitted on Lots. Dogs shall not be allowed to create a disturbance for other Owners. Owners shall be responsible for the prompt cleanup of their respective animals on all Lots and Easements. Animals including horses, livestock and poultry can be raised for purpose of private use and enjoyment, provided they are not kept, bred or maintained for any commercial purpose. Pigs shall not be permitted. All animal enclosures must be kept in a neat, clean, and odor free condition at all times. The Declarant or HOA may at any time require the removal of any pet or animal which it finds disturbing other Owners unreasonably, in the Declarant or HOA's determination, and may exercise this authority for specific pets or animals even though other pets or animals are permitted to remain.
2.18 Signs: Professional appearing signs advertising Lots for sale or rent, including the temporary daytime display of signs advertising open houses, may be displayed on the appropriate Lot, provided that such signs shall be of reasonable and customary size, not to exceed five (5) square feet. Declarant, or its authorized agent may display one sign per Lot to advertise Lots for sale.
2.19 Garbage and Refuse Material: No property shall be used or maintained as dumping ground for discarded equipment, rubbish, trash, garbage, or similar material. After initial construction of the residence, all garbage and trash shall be kept in covered containers. No cans shall be visible until 8 PM the evening before the day of designated for refuse pick up. All containers must removed from view by 9 PM the day of pickup.
2.20 Mail Boxes: Mailboxes shall be at specified group locations as per U.S. Post Office requirements.
2.21 Common Area: the Common area is legally described in exhibit A. Common area is for use and enjoyment of all members and their guests. Common area features an obvious and defined trail system designed to allow homeowners the ability to access and enjoy the free or common area. Use of the free area is limited to the trail system therefore foot traffic, horses, and motorized recreational vehicles are restricted to the trail system to protect wildlife and environment. No motorized vehicles will be allowed on trail system after 10 pm. Any use of trail system that deteriorates or destroys trail or its gravel cover is prohibited. Motorized vehicles are expected to "Tread Lightly " and are only to use the trail to access surrounding available lands. Any damage to trail system by any given homeowner or its visitors deemed significant by Association members can be fined to the extent necessary to bring the damaged area back to its original state.
2.22 No Warranty of Enforceability: While Declarant has no reason to believe that any of the restrictive covenants contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenant. Any Owner acquiring a Lot in the Property in reliance on one or more of such restrictive covenants shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot agrees to hold Declarant harmless therefrom.
ARTICLE 3
REPAIR AND MAINTENANCE
3.1 Owner's Maintenance Responsibilities: Each Owner shall have responsibility for maintaining the exterior of their residence and all other buildings and improvements located upon their Lot. Each parcel shall be maintained in a clean, sightly condition at all times and shall be kept free of litter, junk, trash, rubbish, garbage, debris, and excess building materials.
3.2 Repair and Maintenance Rights and Duties of Association: The Association shall maintain and repair the Easements, or shall contract for such maintenance and repair to assure maintenance of the Easements in good condition.
3.3 For the purpose of performing any maintenance or repair as authorized by this Article, or for purposes of making emergency repairs necessary to prevent damage to a portion the Property or the Easements, or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association (and its agents and employees) shall have an irrevocable easement over and onto all portions of the Easement Property, and shall also have the irrevocable right after reasonable notice to the Owner, and at reasonable hours, to enter onto any Lot.
ARTICLE 4
ASSOCIATION MAINTENANCE FUNDS AND ASSESSMENTS
4.1 Creation of the Lien and Personal Obligation of Assessments: The Declarant for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed or contract therefore, whether or not it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay to the Association the following Assessments, which shall be established and collected as needed and in a manner prescribed by the Board:
-- Regular Assessments;
-- Extraordinary Assessments
-- Special Assessments
All Assessments, together with interest, costs, and actual attorneys' fees, shall be a charge and a continuing lien upon the Lot against which each Assessment is made. However, such lien shall be subordinate to the lien of any first mortgage or construction loan. Such liens may be enforced or foreclosed according to law, with attorney's fees and costs to be charged against the party being foreclosed. Each such assessment together with interest, costs and actual attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. No Owner of a Lot may exempt himself or herself from liability for his or her contribution toward the Common Expenses by waiver of the use or enjoyment of the Easements or by the abandonment of his or her Lot.
4.2 Purpose of Assessments: The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of all the residents in the entire Property, for the improvement, maintenance, operation, insurance and repair of the Easements, any common drainage and retention system, utilities and any agreed upon community landscaping, for the payment of utility bills and maintanence associated with the common areas and entry statement, and for the common good of the Property. The Regular Assessments shall include an adequate reserve fund for maintenance and repair of the Easements and replacement of any items that must be replaced on a periodic basis. Maintenance of the roadways shall include all provisions necessary to reasonably provide year-round access to all Lots. The roadways shall be snowplowed, at a minimum, 16 feet wide, upon 6 inches of snowfall. It is the intent of these standards to maintain the roadways passable by four-wheel drive vehicles. It shall be the responsibility of Lot owners to maintain and snowplow their respective driveways. The entry feature will require maintanence and upkeep for the gate operators, gates, landscaping upkeep including but not limited to weeding and care of plants and trees as well as irrigation for those plants/trees, upkeep of all lighting and signage as well as water hut, water tank and its electrical and mechanical components. Upkeep of the trail system including but not limited to trail signage, removal of fallen debris or other debris located on trail system, and any other maintanence deemed reasonable to ensure the quality of the trail system.
Roads to be maintained are defined as those roads in the Easements on Exhibit B, which by their nature as an easement benefit all Lots in the property, and as depicted on Exhibit B. Additional roadways shall be added under the following conditions: 1) Lot owners shall grant an easement 60' in width to all lot owners in the property and 2) The roads shall be built to a standard equal or greater to the current roads in the Easements. Standard used to measure roads shall be defined as grade, surface width, sub-base compaction, equivalent surface materials, proper turnarounds or cul-de-sacs, and 3) The road must serve, and be the primary access to two or more lots. The Roads shall be included in the easements and maintenance upon fulfilling these requirements.
4.3 Regular Assessments: Until the end of the Association's fiscal year immediately following the closing of the sale of the first Lot in the Property, or the first conveyance of a redemption parcel, the annual maximum Regular Assessment per Lot shall be such amount as set forth in the Property budget prepared by the Declarant, payable in quarterly installments. Each Lot's share for the first fiscal year shall also be prorated based on the number of months remaining in that fiscal year. Thereafter, the Board shall determine and fix the amount of the annual Regular Assessment against each Lot at least sixty (60) days in advance of the start of each fiscal year; provided, however, that the annual Regular Assessment may not be increased by more than fifteen percent (15%) above the maximum Regular Assessment for the immediately preceding fiscal year, without the vote or written assent of a two-thirds (2/3) of the total voting power as identified in the Articles and bylaws. Declarant shall be exempt from the payment of any Assessment on a Lot that does not include a completed Dwelling. This exemption shall be in effect only until a certificate of occupancy or its equivalent for the Dwelling has been issued or until one hundred eighty (180) days after the issuance of a building permit for the Dwelling, whichever first occurs. The Regular Assessment for 2005 is hereby set at $600.00, payable in quarterly installments of $150.00.
4.4 Extraordinary Assessments: In addition to the Regular Assessments authorized above, the Board may levy, in any fiscal year, an Extraordinary Assessment applicable to that year only for the purpose of covering the actual cost of any reconstruction, repair or replacement of any Easements, due to damage or normal wear-and-tear, or to defray any unanticipated or underestimated expense not covered by the Regular Assessment.
4.5 Special Assessments: In addition to the Regular and Extraordinary Assessments authorized above, the Board may levy Special Assessments (without limitation as to amount or frequency and without requiring a vote of Owners) against an individual Lot and its Owner for violations of any provisions within this Declaration, including the right of the Association to receive reimbursement for costs incurred in bringing that Owner and his or her Lot into compliance with the provisions of this Declaration and the bylaws, including actual attorneys' fees and costs.
4.6 Date of Commencement of Assessments; Due Dates: Subject to the foregoing exemption pending construction, the Regular Assessments provided for herein shall commence as to all Lots in the Property on the first day of the month following the completion of the roads or conveyance of the first Redemption Parcel in the Property, whichever occurs later. Due dates of Assessments shall be the first day of every calendar month. No notice of such Assessment shall be required other than an annual notice setting forth the amount of the monthly Assessment.
4.7 Payment of Taxes Assessed Against Easements or Personal Property of Association: In the event that any taxes are assessed against the Easements or the personal property of the Association, rather than against the Lots, said taxes shall be included in the Assessments made under the provisions of this Article, and, if necessary, an Extraordinary Assessment may be levied against the Lots in an amount equal to said taxes, (regardless of any limitation otherwise applicable to Extraordinary Assessments set forth in Paragraph 4.4 above), to be paid in two (2) semi-annual installments, thirty (30) days prior to the due date of each tax installment.
4.8 Transfer of Lot by Sale or Foreclosure: The sale or transfer of any Lot shall not affect any Assessment lien, or relieve the Lot from any liability therefore, whether the lien pertains to payments becoming due prior or subsequent to such sale or transfer. Notwithstanding the foregoing, the sale or transfer of any Lot pursuant to foreclosure, or by deed in lieu of foreclosure, of a mortgage recorded prior to the recordation of a Notice of Delinquent Assessment covering such Lot, and given in good faith and for value, shall extinguish the lien of all Assessments which become owing prior to such sale or transfer. Sale or transfer pursuant to mortgage foreclosure shall not, however, affect the personal liability of the Owner for unpaid Assessments. Any Assessments for which the liens are extinguished pursuant to this Paragraph shall be deemed to be Common Expenses collectable from all of the Lots including the Lot for which the lien was extinguished.
4.9 In the case of any other conveyance of a Lot, the grantee of the same shall be jointly and severally liable with the grantor for all unpaid Assessments by the Association against the latter up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore. However, any such grantee shall be entitled to a statement from the Board, setting forth the amount of the unpaid Assessments due the Association, and such grantee shall not be liable for, nor shall the Lot conveyed by subject to a lien for, any unpaid Assessments made by the Association against the grantor in excess of the amount set forth in the statement. Provided, however, the grantee shall be liable for any Assessment becoming due after the date of any such statement.
4.10 Enforcement of Assessment Obligation; Priorities; Discipline: If any part of any Assessment is not paid and received by the Association or its designated agent within thirty (30) days after the due date, such Assessment shall thereafter bear interest at twelve percent (12%) annually until paid. Additionally, automatic late processing fees of Ten Dollars ($10.00) per month shall be assessed for each month from the due date until the Assessment(s) and all late charges are paid. Each delinquent Assessment may be evidenced as a matter of public record by a Notice of Delinquent Assessment recorded by the Association or other party or parties entitled to enforce and/or receive the same, which recorded Notice of Delinquent Assessment shall provide notice to the public of the delinquency
ARTICLE 5
EASEMENTS AND UTILITIES
5.1 Access, Use and Maintenance Easements: Declarant expressly reserves for the benefit of the Owner's reciprocal, nonexclusive easements for access, ingress. egress and utilities, over and under all of the Easements. In addition, in the Easements, the Owners of the Lots may install utilities, including but not limited to: sanitary sewer, water, electric, gas, television receiving, or telephone lines or connections, provided, however such use of the Easements shall be reasonably necessary for use and enjoyment of a Lot in the Property and such use shall not infringe on any Lot Owner's use of the Easement for access, ingress and egress. Such Easements shall be appurtenant to, binding upon and shall pass with the title to every Lot conveyed.
5.2 Owners' Rights and Duties with Respect to Utilities: The rights and duties of the Owners of Lots within the Property with respect to utilities shall be as follows:
5.21 Whenever sanitary sewer, water, electric, gas, television receiving, or telephone lines or connections are located or installed within the Easements, which connections, or any portion thereof, lie in or upon or beneath Lots owned by other than the Owner of a Lot served by said connections, the Owners of any Lots served by said connections shall have the right, and are hereby granted an easement to the full extent necessary therefore, to enter upon the Lot or to have the utility companies enter upon the Lots in or upon or below which said connections, or any portion thereof lie, to repair, replace and generally maintain said connections as and when necessary.
5.22 In the event of a dispute between the Owners with respect to the repair or rebuilding of said connections, or with respect to the sharing of the cost thereof, then, upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board, which shall decide the dispute, and the decision of the Board shall be final and binding on the parties.
ARTICLE 6
INSURANCE
6.1 Insurance: The Board at its discretion shall be authorized to obtain and maintain the following policies of insurance:
(a) Hazard Insurance: To the extent that there are improvements made to the Easements which may be insured against casualty loss, a "master" or "blanket" type of hazard insurance policy or policies may be maintained, protecting such improvements against loss or damage by fire and all other hazards that are normally covered by the standard extended coverage endorsement, and all other perils customarily covered for similar types of projects. The Board may enter into additional endorsements, provisions, and exceptions.
(b) Liability Insurance: A comprehensive general liability insurance policy covering the Easements or any other public ways and areas under the supervision of the association. The liability policy shall provide coverage for bodily injury and property damage for any single occurrence, covering bodily injury and property damage resulting from the operation, maintenance, repair or use of the Easements, in such amounts as the Board may determine..
6.2 Waiver of Claim Against Association: As to all policies of insurance procured by the Association and maintained by or for the benefit of the Association and/or the Owners, the Association and the Owners hereby waive and release all claims against one another, the Board, and Declarant, and agree to limit their recovery to the extent of the Insurance proceeds available, whether or not the insurable damage or injury is caused by the negligence of or breach of any agreement by any of said persons.
6.3 Insurance Premiums: Insurance premiums for any insurance coverage obtained by the Association and any other insurance deemed necessary by the Board shall be a Common Expense to be included in the Regular Assessments levied by the Association and collected from the Owners. That portion of the Regular Assessments necessary for the required insurance premiums shall be separately accounted for by the Association in the reserve fund to be used solely for the payment of premiums of required insurance as such premiums become due.
6.4 Trustee for Policies: The Association, acting through its Board of Trustees, is hereby appointed and shall be deemed trustee of the interests of all named insureds under policies of insurance purchased and maintained by the Association. All insurance proceeds under any such policies as provided for in this Article 6 shall be paid to the Board of Trustees and held in trust. The Board shall have full power to receive and to receipt for the proceeds and to deal therewith as provided herein. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried or otherwise disposed of a provided in this Declaration. The Board is hereby granted the authority to negotiate loss settlement with the appropriate insurance carriers, with participation, to the extent they desire, of mortgagees who have filed written requests within ten (10) days of receipt of notice of any damage or destruction as provided in this Declaration. Any two (2) Directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on all the named insureds.
ARTICLE 7
DESTRUCTION; CONDEMNATION
7.1 Damage to Easements: In the event of any destruction of any portion of the Easements, the repair or replacement of which is the responsibility of the Association, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance maintained pursuant to Article 6 for reconstruction or repair of the Easements shall be used for such purpose, unless otherwise provided herein. The Easements shall be reconstructed or rebuilt substantially in accordance with the original construction plans. If the amount available from the proceeds of such insurance policies for such restoration and repair is inadequate to complete the restoration and repair, the Board shall levy an Extraordinary Assessment for the deficiency and proceed with such restoration and repair.
7.2 Damage to Dwellings: In the event of any destruction of any Dwelling or Dwellings, it shall be the duty of the Owner(s) of the Dwelling or Dwellings to A) restore and repair the same to its/their former condition, as promptly as practical. The Dwelling or Dwellings shall be reconstructed or rebuilt substantially in accordance with the original construction plans, or in accordance with the rules set forth herein or B) clear all debris and return property to its natural state as promptly as possible.
7.3 Alternate Plans for Restoration and Repair: Notwithstanding the provisions of Paragraphs 7.1 and 7.2, the Association shall have the right, by a vote of Members representing two-thirds (2/3) or more of the Lots, to make alternate arrangements respecting the repair, restoration or demolition of any damaged portion of the Easements. The alternate plan may provide for special allocation of insurance proceeds, modification of design, or special allocation of any necessary Assessments. Any plan adopted pursuant to this Paragraph shall be adopted within sixty (60) days of the damage or destruction.
7.4 Condemnation: The taking or partial taking of any portion of the Easements by condemnation or threat thereof shall be negotiated by the Owner of the portion of the Property subject to such taking. Any award shall be that of the Owner; provided, however, that if such taking has the effect of taking the only route of access of any Owner of any Lot, the award shall be deposited in the general funds of the Association for the purpose of securing alternate access for such landlocked Owner, with any remainder to the Owner of the Lot being condemned.
ARTICLE 8
DECLARANT'S RIGHTS AND RESERVATIONS
8.1 Declarant is undertaking the work of construction of certain improvements to the Property. Completion of that work and the sale or other disposition of the Lots is beneficial to the Property. In order that said work may be completed and said Property be established as a rural residential community, nothing in this Declaration shall be understood or construed to:
(a) Prevent Declarant, any builder or their contractors or subcontractors from doing on the Property whatever is reasonably necessary or advisable in connection with the completion of the work including improving the Easements; or
(b) Prevent Declarant, or any builder or their representatives from erecting, constructing and maintaining on any part or parts of the property, such structures as may be reasonable and necessary for the conduct of their business of completing said work and establishing said Property as a rural residential community and disposing of the same in parcels by sale or other disposition; or
(c) Prevent Declarant or any builder from maintaining such sign or signs on any of the Property as may be necessary for the sale or disposition thereof.
8.2 So long as Declarant, or any builder or their successors-in-interest and assigns, owns one or more of the Lots established and described in this Declaration and except as otherwise specifically provided herein, Declarant and all builders, and their successors and assigns, shall be subject to the provisions of this Declaration.
8.3 In the event Declarant shall convey all of its right, title and interest in and to the Property to any partnership, individual or individuals, corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant.
ARTICLE 9
DURATION AND AMENDMENT
9.1 Duration: This Declaration shall continue in full force and effect for a period of ten (10) years from the date hereof, after which time the same shall be automatically renewed for successive terms of ten (10) years each, unless a Declaration of Termination is recorded, meeting the requirements for an amendment as set forth hereafter. All Lots within the Property shall continue to be subject to this Declaration during the term hereof regardless of sale, conveyance or encumbrance.
9.2 Amendments: Except as expressly provided herein regarding certain required consents, this Declaration may only be amended after written approval of two-thirds (2/3) of the Members representing 2/3 or more of the Lots. Provided, however, that so long as Declarant owns any Lots in the Property, no amendment shall be approved without Declarant's express written consent. Notwithstanding the foregoing, any amendment made to this Declaration shall have no force or effect on the interest of an existing mortgagee, the beneficiary of a deed of trust, or a contract vendor, which interest is recorded prior to such amendment unless or until their written consent thereto has been obtained.
ARTICLE 10
GENERAL PROVISIONS
10.1 Enforcement: The Board, any Owner, and any governmental or quasi-governmental agency or municipality having jurisdiction over the Property shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by this Declaration, and in such action shall be entitled to recover costs and reasonable attorneys' fees as are ordered by the Court. Failure by any such person or entity to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter.
10.2 Invalidity of Any Provision: Should any provision of this Declaration be declared invalid or in conflict with any law of the jurisdiction where the Property is situated, the validity of all other provisions shall remain unaffected and in full force and effect.
10.3 Conflict of Property Documents: If there is any conflict among or between the Property Documents, priority shall be given to the Property Documents in the following order: Plat Map; this Declaration; Articles; bylaws; and rules and regulations of the Association. Notwithstanding the foregoing, any provision in any of the Property Documents, which is for the protection of mortgagees shall have priority over any inconsistent provision in that document or in any other Property Document.
EXHIBITS
Exhibit "A" -Legal Description
Exhibit "B" -Maps depicting Lot configuration
Exhibit "C" -Maps of roads & Easements
Declarant:
Corral Creek Ranch LLC
By:_______________________________
Creek Ranch LLC Member - Mike Hablutzel
STATE OF WASHINGTON )
) ss.
COUNTY OF ________________ )
On this day personally appeared before me, Mike Hablutzel, to me known to be the Managing Member of Corral Creek Ranch, LLC, and on oath stated they are authorized to execute said instrument as their free and voluntary act and deed of said LLC, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed this _____ day of _________, 2004.
__________________________________
NOTARY PUBLIC for Washington State
Residing at:
My Commission Expires:
Name Printed:
By:_______________________________
Creek Ranch LLC Member - Brien Pukis
STATE OF WASHINGTON )
) ss.
COUNTY OF ________________ )
On this day personally appeared before me, Mike Hablutzel, to me known to be the Managing Member of Corral Creek Ranch, LLC, and on oath stated they are authorized to execute said instrument as their free and voluntary act and deed of said LLC, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed this _____ day of _________, 2004.
__________________________________
NOTARY PUBLIC for Washington State
Residing at:
My Commission Expires:
Name Printed:
By:_______________________________
Creek Ranch LLC Member - Dave Morrison
STATE OF WASHINGTON )
) ss.
COUNTY OF ________________ )
On this day personally appeared before me, Mike Hablutzel, to me known to be the Managing Member of Corral Creek Ranch, LLC, and on oath stated they are authorized to execute said instrument as their free and voluntary act and deed of said LLC, for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed this _____ day of _________, 2004.
__________________________________
NOTARY PUBLIC for Washington State
Residing at:
My Commission Expires:
Name Printed:
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