AMENDED RESTRICTIVE COVENANTS AND RESTRICTIONS, AS AMENDED MAY 31, 2007 & JUNE 9, 2007

AMENDED RESTRICTIVE COVENANTS AND RESTRICTIONS

OF 

CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION

A NON-PROFIT CORPORATION

AS AMENDED MAY 31, 2007 & JUNE 9, 2007

 

CASCADE WOODLANDS LANDOWNERS’S ASSOCIATION, A NON-PROFIT CORPORATION, a private, gated residential community, and all members thereof, for and in consideration of the mutual benefits to be derived by them and their successors in ownership in the real property, commonly known as Cascade Woodlands, which real property is legally described as follows:

Cascade Woodlands, as delineated on Segregation Survey of Cascade Woodlands, recorded April 10, 1981, in Volume 4 of surveys, page 230, under Auditor’s file number 887274 and located in the West half of Section 31, Township 12 North, Range 1 East, W.M. Lewis County, Washington.  Together with an easement for ingress, egress and utilities over, under and across all surveyed roads and cul-de-sacs within the Cascade Woodlands Development as delineated on said survey.

Hereby impose upon and against said real property the following restrictions, reservations and covenants:

  1. The primary use of all lots shall be for the construction and location of residential, recreational buildings, such as single family residences or duplexes for personal human use only.  No lot shall be used for the construction of, or maintenance of, any commercial venture or structure of any sort.  No lot shall be used by, or have access by, any private or public club or association.
  2. Permanent maintenance or habitation in portable travel trailers, tents, campers or other temporary structures, shall be prohibited; provided, that motor homes consisting of a self-propelled vehicle, containing living quarters, including sleeping and food preparation facilities, as well as facilities enabling the vehicle to be driven, and mobile homes containing living quarters, including sleeping and food preparation facilities, which are at least eighteen (18) feet in length and eight feet in width, shall not for the purpose of this covenant be considered a travel trailer or temporary structure. Maintenance and habitation in temporary quarters of travel trailers, tents and campers and other structures shall be permitted during construction of a permanent dwelling structure upon any lot, provided that such maintenance of or habitation in such temporary structures does not exceed a period of one (1) year from the date of the start of its construction.  Provided, further, that any owner of property who has constructed a dwelling structure upon his or her lot may park his or her privately owned travel trailer or camper, or may erect a tent or other temporary structure, at his or her residence, and any owner of property or any guest of any owner of property may utilize such travel trailer, camper, tent or other structure for temporary habitation for a period not to exceed thirty (30) consecutive days, provided that the travel trailer, camper, trailer, tent or other temporary structure utilized shall thereafter be vacated and not be occupied by any person for a period of not less than seven (7) days.
  3. No tract as platted shall be, from and after December 13, 1988, divided or subdivided in any manner.  The date of December 13, 1988, is the date of recording of the Amended Covenants under Auditor’s File No. 8811076, in Volume 401, at pages 140-143.
  4. Prior to the commencement of any construction on any lot purchased, the owner or purchaser of said lot shall obtain a sanitary septic tank permit from the Environmental Health Department of Lewis County.  All such sanitary septic tank disposal systems must meet Lewis County and State of Washington minimum health requirements and specifications.
  5. From the time that construction on any structure is commenced, the exterior finish and appearance of said structure must be completed with a period of twelve (12) months.  In the event said exterior is not so completed, the Board of Directors of the CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION, A NON-PROFIT CORPORATION or any owner of a lot within the development may take action to have the structure declared to be a nuisance and abated as provided by law.
  6. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste.  Trash, garbage, rubbish and other waste shall not be kept on any lot except in sanitary containers pending collection and removal.  No lot shall be used as a location for a facility for the storage of material pumped from any septic tank or any holding tank of any travel trailer, trailer house, motor home, truck or camper, and no dumping of any holding tank containing sewage or other human waste from any travel trailer, trailer house, motor home, or camper shall be permitted on any lot; PROVIDED, HOWEVER, a property owner, member shall have the right to dump and discharge the contents of their own recreational vehicle holding tank into the septic tank located on the member’s property, if, however, appropriate and adequate facilities have been installed to the septic tank for dumping or discharging holding tank contents.  All incinerators or other equipment for storage or disposal of refuse, rubbish, trash, garbage or other waste shall be kept in a clean and sanitary condition.
  7. No animals, livestock or poultry of any kind shall be raised, kept, maintained or bred on any lot for commercial purposes.  Any animals, livestock, pets or poultry kept, maintained, raised or bred upon any lot in this development shall be restrained by a suitable cage, enclosure or fence, which fence, cage or enclosure shall be maintained by the lot owner or purchaser keeping maintaining, raising or breeding said animals, livestock, pets or poultry.  Any livestock, animals, pets or poultry kept, maintained, raised, or bred upon any lot in this development shall be personally attended to by the lot owner, purchaser or representative of the lot owner or purchaser not less than once during a continuous twenty-four (24) hour period.  All lot owners or purchasers shall be fully and completely responsible for any and all damages or nuisance caused by the keeping, maintaining, raising or breeding of any livestock, animals, pet or poultry kept or maintained upon any lot in this development.  Pets, including dogs, cats, and other household pets, may be kept by a lot owner or purchaser, provided that they are kept in a manner complying with the terms and conditions of this covenant.  Provided also, that such keeping complies with any applicable state statute or applicable county ordinance.
  8. No dwelling shall be constructed upon any lot with less than 600 square feet of floor space, exclusive of garage and porches.
  9. All structures other than a dwelling constructed upon a lot shall be sightly, of neat construction, of a character to enhance the value of the property.
  10. No portion of any dwelling shall be closer than twenty (20) feet from any property line, unless otherwise prohibited by County, State or Federal law.
  11. No hunting or shooting of firearms or other weapons capable of causing serious injury or death to any human or animal shall be allowed upon any lot or roadway within the boundaries of the development.
  12. All individual owners or contract purchasers of tracts within the boundaries of the development of Cascade Woodlands including any portion of any subdivision therein, shall be assessed and shall pay the sum of $150.00 per year to the CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION, A NON-PROFIT CORPORATION for a general fund.  Said payment shall be due by July 1 of each and every year.  When the sum of $50,000.00 in unexpended funds has been accumulated in the general fund, the annual assessment shall be waived until such time as the general fund has been depleted to the sum of $30,000.00 at which time the assessment shall become effective again.
  13. The covenants are irrevocable and shall be binding upon all parties and all persons claiming under them for a period of ten (10) years from the date of the recordation of these covenants, after which time said covenants shall automatically be extended for an additional ten (10) years unless an instrument signed by a majority of the then owners of the lots affected by this agreement agreeing to change covenants, in whole or in part, has been recorded.  At any time during the life of these restrictions, the restrictions can be amended or changed by a majority vote of the then lot owners or purchasers.
  14. All conditions, restrictions, covenants and agreements set forth herein and the bylaws of the CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION, A NON-PROFIT CORPORATION shall be binding upon and enure to the benefit of all present and all future owners and purchasers of tracts of land in this development and any and all persons having any right title and estate claim or interest herein, their heirs, legal representatives, successors and assigns.  The failure on the part of any of said parties at any time to enforce any of the conditions, covenants, agreements or the failure of the CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION, A NON-PROFIT CORPORATION to enforce the bylaws of said Association shall not affect any of the other provisions, hereof, which shall remain in full force and effect.  Should any suit or action be instituted by any of said parties to enforce any of the conditions, restrictions, covenants, agreements or bylaws of the CASCADE WOODLANDS LANDOWNERS’ ASSOCIATION, A NON-PROFIT CORPORATION after demand for compliance therewith, or for the cessation of such violation and failure to comply with such demand, then in either of said events and whether such suit or action be reduced to a decree of judgment or not, the prevailing party in such suit or action shall be entitled to recover from the non-prevailing party or party herein, such sum as the court may adjudge as reasonable attorney’s fees in such suit or action, in addition to statutory costs and disbursements.
  15. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.