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DECLARATION OF

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DECLARATION OF Powered By Docstoc
					                                      VALLEYVIEW
                         COVENANTS, CONDITIONS AND RESTRICTIONS


Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as “CC&Rs”), which the
Declarant has deemed beneficial for the preservation of the value and desirability of the property known as
“Valleyview”, more particularly described in Exhibit “A”, attached herein and incorporated herein by
reference.

Each of the 24 lots as described above , shall be hereafter referred to as the lots and their Owners shall be
referred to as the Owners. For voting purposes, each lot is considered to have only one Owner. Each lot
shall have one and only one vote.


                              A. HOMEOWNERS ASSOCIATION (HOA)

Each Owner of a lot within Valleyview, shall (from the time of purchase of said lot) automatically be a
member of the Valleyview Homeowner’s Association (hereinafter referred to as “HOA”), with all of the
rights and responsibilities incident thereto. The HOA with by-laws shall be officially formed no later than
30 days after a majority of the lots are sold by the Declarant. There shall be no dues until the HOA is
actually formed. Initial HOA annual dues shall not be greater than $60 per lot. Any increases in annual
dues requires an affirmative vote of 80% of the then Owners.


                       B. ARCHITECTURAL CONTROL COMMITTEE (ACC)

The Declarant shall serve as the Architectural Control Committee (hereinafter referred to as “ACC”) or shall
appoint the committee which shall consist of three to five members. Upon sale of 80% of the lots by the
Declarant, or earlier if so desired by the Declarant, the Declarant shall turn control of the ACC over to the
HOA. The ACC shall have the authority to regulate the external design, appearance, location and
maintenance of any and all improvements on the property in accordance with the provisions of this
declaration.

It is recognized that this document does not contain specific requirements for every situation that may
require ACC approval; therefore, the ACC will necessarily exercise discretion in many instances in
approving or disapproving of a specific proposal. It is further recognized that a proposal may not meet a
specific standard set forth in this manual; therefore, the ACC is authorized, in its sole discretion, to approve
a proposal not withstanding that it may conflict with a standard set forth in these CC&Rs.
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Valleyview CC&Rs, rev 1.04                                                   Page 1 of 7
Valleyview is a premier rural residential community. The goals and primary objectives of the ACC are to
maintain a quality of community appearance, insure compatible development of the land and structures, and
to protect and enhance real estate values.

All proposals for erection or alteration of any structure or improvement on any lot must be submitted to the
ACC in the form of a Complete Application consisting of: a plot plan, two copies of finished working
drawings and specifications complying with the provisions outlined in these CC&Rs. The ACC shall
approve or disapprove the proposal within 15 working days after the receipt of the Complete Application
and return one copy of the plot plan, drawings and specifications marked to indicate approval, or if
disapproved, marked or otherwise noted with the cause of such disapproval.


                                        C. DESIGN GUIDELINES

Construction Cleanliness: Job sites shall be required at start of construction to have gravel pads on which
to park construction vehicles and deliver materials. Job sites should be cleaned up at least weekly and all
construction debris removed. Excess material and debris must be removed immediately after completion of
construction. Owners and builders are responsible for keeping roadways and adjoining lots clean and free
from debris (and roadways free from dirt and mud) arising from construction activities or maintenance of
their lot.

Driveways: All driveways from the paved street to the garage must be paved with asphalt or concrete within
6 months of completion of the residence. It should be installed to form a smooth continuous surface which
will allow the proper flow of storm water without ponding or erosion. Culverts have already been installed
by the developer for driveways.

Dwelling Size: The main floor area of the dwelling structure, exclusive of basements, open or screened
porches, patios, breezeways, and garages, shall not be less than 2400 sq. ft. for a one story dwelling, nor less
than 2600 sq. ft. for two story dwelling. Split level dwellings shall contain a minimum of 2500 square feet.

Easements: Easements for private driveways may also be used to route underground utilities as necessary.
Owners shall also allow neighboring lots reasonable utilities routing as necessary.

Exterior Colors: Exterior colors of all dwelling and outbuildings shall be of moderate hues and shall be
approved by the ACC.

Exterior Walls Materials: Acceptable finish materials for exterior walls are horizontal lap siding, brick,
stone, cedar, or synthetic stucco known as Exterior Insulated Finished System (EIFS), or other materials
approved by the ACC. No vinyl-clad siding, T1-11 or other plywood sheet material, metal, cement or
conventional stucco. A minimum of 30% of the front elevation of each dwelling shall utilize brick, stone,
or a combination thereof. The ACC, at its discretion, may waive this requirement if deemed incompatible
with the dwelling.

Fill Material: It is understood that some lots may contain fill material. It is the sole responsibility of the
Owner/builder to determine the location of such fill, and perform appropriate excavation and foundation
construction.

Garages: Each home shall have an attached garage to accommodate a minimum of three fully enclosed
vehicle parking spaces.

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Valleyview CC&Rs, rev 1.04                                                   Page 2 of 7
Land Use:      Each lot is intended to accommodate one single family home only and appropriate
outbuildings. Multiple homes may not be placed on a single lot.

Outbuildings: All outbuildings should compliment (ie. be similar to) the home style in material, color,
design, and pitch of roof. No old building or structure shall be moved or placed on said property; No metal
sheds. The size and number of outbuildings are limited. A shop and/or barn may be added if the size,
design and location is approved by the ACC. See “View” for view limitations.

Road Repair: Each Owner / builder will be responsible for repairing any damage to any/all pre-existing
road improvements, including paved private roads, during the time of construction and landscaping of
his/her home and/or outbuildings.

Roofing Materials: Roofing materials shall be of tile, slate, or a minimum 25 year architectural grade
layered composition roof of at least 280 LBS. per square (ie. “Arch 80”).

Temporary Structures: No structure of a temporary nature shall be used as a residence either temporarily
or permanently.

Utility Component: Outside heat exchangers (ie. heat pumps and air conditioner units), electric power
enclosures, and transformers should be screened from view with appropriate landscaping.

Wires: All exterior utility lines (wire and cable), including power, telephone, antenna, and communication
wires shall be installed underground.


                                D. LANDSCAPING / MAINTENANCE

Common Easement: The common easement shown on Exhibit “A” is intended as a common resource for
the use and enjoyment of all Valleyview Owners. It is not intended for general public use other than
Valleyview residents and their bonafide guests. It provides a central location for an attractive gazebo which
can serve as a school bus shelter and other community enhancing amenities (ie. picnic tables, play ground
equipment, etc.) that the HOA may see fit to add. The HOA is responsible for the maintenance of
improvements to this easement.

Drainage and Erosion Control: Drainage should comply with those conditions of the plat as required by
Clark County. Erosion control is the responsibility of each Owner.

Fences: Fencing shall not exceed 6 feet in height. White rail fences (vinyl or painted wood) may be used
for pasture or yard fences. Yard fences shall be wood, vinyl, stone or brick. Electric fence wire may be
attached with small insulators for containment of horses and Llamas. Cyclone fencing shall not be used
except for dog runs and screened from view and where approved by the ACC.

General Maintenance: Yards, grounds, and buildings must be kept and maintained in a neat and sightly
fashion at all times. To maintain the beauty of the community and prevent fire hazard, lots (occupied and
unoccupied), must be kept and maintained in a neat and orderly condition at all times. Except for steep and
inaccessible areas, Owners are responsible for mowing the grass and weeds (excluding the storm water
detention pond areas, which are the responsibility of the HOA) a minimum of once annually (between June
1st and September 30th). This includes grazed pasture if portions of the vegetation exceeds 24 inches or
noxious weeds exist. (To ease this requirement, individual Owners may opt to join a community effort in
hiring a mower).

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Valleyview CC&Rs, rev 1.04                                                   Page 3 of 7
HOA Maintenance: The HOA shall be responsible for maintenance, repair, and mowing of the storm water
retention ponds and the common easement.

Landscaping: Front yard landscaping of each lot and side yard landscaping of each corner lot must be
completed within 12 months after home construction. Home Owners may elect to leave some areas of their
lot natural or plant low maintenance vegetation, if approved by the ACC and as long as it does not become
an erosion problem, fire hazard, or a nuisance to the other lot Owners.

Liability Insurance: The HOA shall be responsible for carrying insurance of $5,000 for medical payments
and $1,000,000 liability insurance which covers the directors, officers and committee members and all
common areas including the common easement, private roads, and storm water facilities.

Private Road Maintenance: There are two private roads within Valleyview which Clark County has no
responsibility to maintain, NE 192nd Circle and NE 227th Court. The methods, standards and financing for
the maintenance and repair of these private roads shall be in a manner determined by the private road
maintenance agreement for each private road as long as these remain private roads.

Roadside Maintenance: Individual Owners of lots (occupied and unoccupied) shall be responsible for
maintenance (ie. mowing) of the roadsides within their easements of right-of-ways pertaining to their lot.
Roadsides (water quality filter strips) shall be maintained to a lawn quality standard (kept green and
mowed) and cannot be altered as per Clark County regulations. To ease the impact of this requirement,
individual Owners may opt to join a community effort in hiring a mower.

Septic Systems: It is the individual Owners responsibility to keep the septic (Perc.) permit current
(renewable annually) prior to installation of the septic system. Lot Owners should consider the location of
the drain field when deciding where to place their home on the lot. A pump may be required if the selected
building site is a lower elevation than the drain field. Septic tanks and drain fields shall be kept in good
working order per Clark County standards.

Wetlands Buffers: Individual Owners shall not damage the vegetation or cause erosion in areas designated
as wetland buffers and are responsible for complying with Clark County regulations.


                                      E. GENERAL PROVISIONS

Animals and Farming: Small farming may be permitted. But there shall be no raising of hogs, and no
commercial raising of dogs, poultry, or fur bearing animals, nor shall there be any kennels operated on a
commercial basis. Horses and Llamas may be allowed for personal use only. The number of animals
allowed per lot may vary from zero to several as determined by the ACC, and shall be limited to those areas
which are relatively flat and limited to those animals which can be raised in a humane, sanitary condition, to
prevent the destruction (ie. mire, etc.) of the pasture, avoid excessive odors, and preserve the aesthetic
beauty of the community. The proximity of neighboring dwellings may also limit the appropriate locations
for such animals. Dogs are not permitted to run free or to become a source of annoyance to other residents.
No animals are permitted prior to construction of a residence on a lot, unless approved by the ACC.

Antennas: Antennas shall be located and screened so they are not visible from roadways or adjoining
properties. This includes any wire, cable, tower, or dish intended to transmit or receive a signal. However,
a satellite dish may be attached to a home even where visible provided it is less than 20 inches in diameter.
Ham or CB radio antennas and towers which are clearly visible are not permitted.


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Valleyview CC&Rs, rev 1.04                                                   Page 4 of 7
Construction Schedule: There are no requirements as to when construction shall begin, but each building
must be completed within 9 months from the start of construction. Extensions may be granted at the
discretion of the ACC.



Construction Watchman: These CC&R’s are not intended to prohibit a construction watchman from
serving during the initial sale and construction phase of the Valleyview subdivision. Such watchman shall
be allowed to stay in a temporary dwelling (ie. a trailer or RV) provided the arrangement is desired by the
ACC for the security of the subdivision. The watchman is exempted from the portions of these CC&R’s
specified by the ACC (ie. lot landscaping).

Firearms: No firearms (ie. rifles, handguns) shall be used or discharged within the plat except by on-duty
authorized government officials.

Garbage and Refuse Disposal: No property shall be used as a dumping ground for discarded equipment,
rubbish, trash, garbage or similar material. After initial construction of the residence, all garbage, trash, or
other waste shall be kept or left, except in sanitary containers. All containers must be screened and secure
so as not to be visible from any street or adjacent properties or residences, except on weekly trash days, and
shall be picked up and hauled off weekly.

Land Use: There shall be no commercial operations, nor outside parking or storage of equipment or
vehicles used for commercial operations permitted on the property (home offices and inside storage of
commercial vehicles are permitted).

Mail Boxes: Mail boxes shall be at specified group locations per U.S. Post Office requirements.

Mining: No oil or gas well, mine or quarry, or equipment thereof shall be located or operated on any lot.

Mobile Homes: Mobile, manufactured, or modular homes are not permitted on any lot.

Signs: No sign shall be erected, maintained or displayed on any lot, except signs advertising the property
for sale or rent (not exceeding 6 square feet or 2 feet by 3 feet). This does not apply to any signs used by
the developer, Realtors or contractors to advertise during the initial sales phase of the property. This
restriction shall not prohibit the placement of ornamental name plates. Nor does this prohibit an ornamental
portal structure designating the name of the plat.

Street Parking: No vehicle parking shall be allowed on any road, shoulder, or within the private road right
of ways. No parking shall be allowed in any cul-de-sac, turnaround or their respective right of ways. (This
is not applicable to short term bonafide guest parking.)

Subdividing: No lot may be further subdivided or split to create any additional lots.

Vehicle & Equipment Storage: Outside storage of one recreational vehicle is permitted provided it is
parked behind the front elevation of the home as defined by the ACC. All other recreational vehicles, boats,
trailers, commercial vehicles, buses, all other equipment, and all inoperable vehicles or parts of vehicles
must be stored inside an enclosed building. Bonafide guest recreation vehicles are exempt from this
provision for a period not to exceed 30 days.

Vehicle Noise: No vehicles with excessively loud exhaust systems shall be operated within the Valleyview
plat.
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Valleyview CC&Rs, rev 1.04                                                                   Page 5 of 7
Vehicle Use: To preserve the quiet serenity, prevent erosion, and protect the grass and landscape from
erosion, cross-country, four-wheeling, recreational, driving for sport, or similar motor vehicle use is not
allowed off the paved streets and driveways.




View: Structures on some lots, due to their orientation in relation to other lots, may block the view from
other lots after construction and landscaping. A lot Owner may locate their home anywhere on their lot
regardless of view blockage. Each potential buyer should keep this in mind when selecting a lot. But an
outbuilding may not be added if it obstructs the view from an existing home on another lot. Furthermore,
each buyer/ Owner agrees to not hold the Declarant, the ACC, or the HOA liable for any view blockage in
any case.


                                                 F. DURATION

All CC&Rs herein shall run with the land, shall be binding upon and inure to the benefit of all present and
future Owners and purchasers of property described on Exhibit “A”, and any and all persons having any
right, title, estate, lien, claim or interest therein, their heirs, legal representatives, successors or assigns, and
all conveyances of the property or portions of the property as if set forth in full in such transfers and
conveyances.

Such CC&Rs shall be binding and effective for twenty (20) years from the date hereof, at the end of which
time shall be automatically extended for successive periods of ten (10) years, unless a suitable instrument is
signed by a majority of the then Owners of the above described property agreeing to change said CC&Rs in
whole or in part, and filed for public record.


                                              G. AMENDMENTS

In the event it appears to the advantage of the property that these CC&Rs should be amended, any
modifications desired may be made by an affirmative vote of 80% of the then Owners of said property, and
evidenced by suitable instrument filed for public record, EXCEPT, these cannot be modified without the
consent of the Declarant prior to the sale or transfer of the last lot owned by the Declarant. Clark County
also needs to approve any modifications which deviate from the conditions of approval for Valleyview. Any
such amendment or modification shall be effective as of the date of recording.

                                             H. ENFORCEMENT

Failure on the part of any Owner to comply with the aforementioned CC&Rs, and after notice from the
HOA of such Owner’s failure, and after a two-thirds majority vote by the HOA Board or other HOA
committee to which such oversight responsibility shall have been delegated, the HOA shall have the right,
through its agents and employees, to enter upon any lot which has been found to violate the aforementioned
standards in order to repair, maintain, and/or restore the lot to such standards. The cost of such work shall
be a special assessment on such Owner and his lot only, and the provisions of this Declaration regarding
collection of assessments shall apply thereto.

The failure or delay, on the part of any of said parties at any time to enforce any of said CC&Rs shall in no
event be deemed a waiver thereto or of any existing violations thereof nor shall the invalidation of any one
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Valleyview CC&Rs, rev 1.04                                                                       Page 6 of 7
of said CC&Rs herein by judgment or court affect any of the other provisions hereto which shall remain in
full force and effect.

Should any suit or action be instituted by any party affected by these CC&Rs to enforce any of said
CC&Rs, or to restrain the violation of any thereof, after demand for compliance therewith, and for the
cessation of such violation, and failure to comply with such demand, then, and in either of said events, and
whether such suit or action be reduced to decree or judgment or not, the prevailing party in such suit or
action shall be entitled to recover therein such sums as the court may adjudge reasonable attorneys’ fees in
such suit or action, in addition to statutory costs and disbursements.

IN WITNESS WHEREOF, Declarant has executed this Declaration this ______day of _____________,
1997.


Declarant/Developer:


______________________________________
David M. Madore



STATE OF WASHINGTON            )
                                )ss.
COUNTY OF Clark                )

On this day personally appeared before me, DAVID MADORE, known to me to be the Declarant who
acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.

WITNESS my hand and official seal hereto affixed the day and year first above written.


                                           ___________________________________________________
                                                             NOTORY PUBLIC for Washington State


                                            My Commission Expires: ______________________________




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Valleyview CC&Rs, rev 1.04                                                   Page 7 of 7

				
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