CC&Rs

DECLARATION OF PROTECTIVE COVENANTS,

RESTRICTIONS, EASEMENTS, AND

AGREEMENTS FOR THE PLAT OF

KOPACHUCK RIDGE ESTATES

Article IPreliminary Matters

1.1Declarant

Citizens Service Corporation (hereinafter "Declarant") is the owner of certain real property described in paragraph 1.2 below. Declarant hereby declares that the real property described in paragraph 1.2 below shall be held, transferred, sold, and conveyed subject to the conditions, restrictions, covenants, reservations, easements and charges (hereinafter collectively referred to as "Covenants") set forth in this Declaration.

1.2Property Subject To Covenants

All of the property within the plat of Kopachuck Ridge Estates Divisions 1 and 2, which plats have been recorded with the Pierce County Auditor's Office under Auditor's File No. 8506130179 and 8506130180 and subsequent divisions of Kopachuck Ridge Estates are subject to the Covenants contained in this Declaration.

1.3Intent And Term Of The Covenants

The Covenants contained in this Declaration are for the benefit of all the property subject to the Covenants and for the benefit of each and every separate parcel or subdivision of that property. The Covenants shall apply to the benefit of, shall burden, and shall pass with the property and each and every parcel thereof, and shall apply to and bind the owners of the property subject to these Covenants, their legal representatives, heirs, successors, and assigns in perpetuity.

Article IIRestrictions On Use Of Property By Occupants

2.1Permitted Use

No lot within the plat of Kopachuck Ridge Estates Div. 1 & 2 or subsequent divisions shall be used for any purpose other than the construction of a single-family dwelling. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, and a private garage for not lees than two cars.

2.2No Temporary Dwellings

No trailer, basement, mobile home, shack, garage, barn or any other outbuilding, or any other structure of a temporary character shall be used on any lot at any time as either a temporary or permanent residence.

2.3Nuisance

No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done on any lot which is or may become an annoyance or nuisance to the neighborhood. No boats, trailers, or recreational vehicle shall be stored or kept on any lot for a period of more than 24 hours, unless said boat, trailer or R.V. is enclosed or screened such that it is not visible from any street or any other lot in the plat. The streets within the plat of Kopachuck Ridge Estates shall not be used for overnight parking of any vehicles other than private automobiles. This covenant specifically restricts street parking of boats, trailers, or other R.V. vehicles.

2.4Vacant Lots

Vacant lots shall be maintained in a reasonable presentable condition. Debris, weeds or other waste material shall be removed or controlled.

2.5Trash

No garbage, refuse, or rubbish shall be deposited or kept on any lot or building unit except in suitable containers. All areas for the deposit, storage, or collection of garbage or trash shall be substantially screened from neighboring property, and from the common roads and paths. All equipment for the storage or disposal of trash, garbage, or other waste shall be kept in a clean and sanitary condition.

2.6Animals

No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot except as specifically provided for herein. Dogs, cats, and other household pets may be kept provided that they are not kept, bred or maintained for commercial purposes, that no more than two dogs and/or two cats may be kept on any one lot, and further provided that they are not kept in separate exterior kennels. (The intent of this covenant is to preclude both visual and audible annoyances to adjoining lots.)

2.7Fences

No fences, wall, hedge or mass planting, other than a foundation planting, shall be permitted to extend nearer to any street or private road than the minimum setback line required by ordinance; provided, however, that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said retaining wall; provided, further, that no fence, wall, hedge or mass planting shall at any time extend higher than six feet above the ground. No wire fences shall be used for fencing any lot unless approved by the Architectural Control Committee. The finished side of all fences shall face the exterior of the lot.

2.8Signs

No sign of any kind shall be displayed to the public view on any lot except for the following:

2.8.1

A sign, no larger than five square feet, advertising the (sic) property for sale or rent; or

2.8.2

The signs used by a builder or builders to advertise the property during the construction and sales period.

2.9Antennae

No radio or television antennae or transmitters shall exceed twenty (20) feet above the roof ridge line of a dwelling, and no separate towers for such antennae or transmitters shall be permitted. Provided, however, that the Architectural Control Committee may further restrict or forbid the erection of any antennae. Cable receiving dishes or any electronic receiving dishes are prohibited.

2.10Utility Service

No outdoor overhead wire or service drop for the distribution of electric energy or for telecommunication purposes, nor any pole, tower or other structure supporting said overhead wires shall be erected, placed or maintained on the property subject to this Declaration.

2.11Storm Drains

The owner or occupant of any building constructed on any lot within the plat of Kopachuck Ridge Estates Div. 1 and subsequent divisions shall maintain in proper working order all roof drains and area storm drains on that lot.

2.12Construction Period

Any dwelling or structure erected or placed on any lot in this subdivision shall be completed as to external appearance, including finish painting and landscaping, within nine (9) months from date of start of construction. Houses on a lot shall be constructed only by a duly-licensed contractor.

2.13Landscaping

Planting materials used shall not exceed 25 feet in height at maturity, nor shall any tree or vegetation other than fir or hemlock be permitted to grow on any lot to a height that exceeds the ridge line height of the building on that lot. This covenant is intended to prevent the interruption of view from growth of alder, madrona or other bush-type trees.

2.14Oil Drilling, Etc

No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

2.15Water Supply System

No individual water supply system shall be permitted at any time upon any lot.

2.16Clothes Drying Area

No portion of any lot shall be used as a drying or hanging area for laundry of any kind where it can be viewed from any street or adjacent house.

2.17Yard Lamps

Each owner of a lot within the plat of Kopachuck Ridge Estates Div. 1 and subsequent divisions shall install, at the sole expense of the lot owner, a minimum of one yard lamp at the driveway entrance to the lot for the purpose of street and driveway entrance illumination. Said yard lamp(s) shall not exceed five (5) feet in height above road grade. Installation, repair and maintenance of the yard lamp(s) shall be the sole responsibility of the individual lot owners. Enforcement shall be as provided for in Article II, Paragraph 2.17.

2.18Maintenance Notice/Assessment Of Costs

When in the opinion of the Assessment Committee certain maintenance needs to be performed on a lot or lots, the Committee shall notify the Owner by certified mail specifying in said notice exactly what needs to be repaired, or maintained. The Owner shall then have thirty (30) days from receipt of such notice to perform the necessary maintenance or to make written demand for a hearing before the Committee. If a hearing is demanded, the Committee shall set a date therefore and give the owner at least ten (10) days notice thereof. The hearing shall be informal and rules of evidence shall not apply. The Committee shall render its decision in writing. The cost of such exterior maintenance actually performed shall be added to and become a part of the assessment to which the lot is subject.

Article IIIArchitectural Control Committee

3.1Establishment

An Architectural Control Committee shall be established. The Committee shall have three (3) members. The initial members shall be appointed and may be removed by the Declarant. The members of the Committee shall designate one of their number to serve as chairman of the Committee and shall adopt such procedures and guidelines as they deem necessary for the orderly administration of their work. The initial Address of the Architectural Control Committee shall be P.O. Box 1848, Bellevue, Washington 98009.

3.2Structures

No building, fence, hedge, wall or other structure shall be erected, placed or altered on any lot or building site within the plat of Kopachuck Ridge Estates until the building plans, specifications and plot plans are submitted by the owner or his representative to the Architectural Control Committee for approval.

3.3Land Clearing

No native trees or significant ground cover which are located outside of the approved building site, as provided for in Article IV of this Declaration, shall be cut, removed, or destroyed without the approval of the Architectural Control Committee. Any person wishing to cut, remove or destroy such trees or significant ground cover shall submit a plan showing the location of the trees or ground cover to be cut, removed, or destroyed, along with the location of the existing trees or ground cover to be retained. The applicant shall also submit a brief statement of the reasons supporting his request to cut, remove or destroy such trees or ground cover.

3.3.1

The Architectural Control Committee may specify that certain trees are to be preserved within the approved building site.

3.4Criteria

The Architectural Control Committee shall consider the following criteria in approving or rejecting the plans submitted to it.

3.4.1

The harmony of the external design, color, and appearance of the proposal in relation to the surrounding neighborhood.

3.4.2

The location of the proposal on the lot in regard to slopes, soil conditions, existing trees and vegetation, roads and services, and existing building.

3.4.3

The other effects of the proposal on surrounding property including, but not limited to, potential view blockage.

3.4.4

The compliance of the proposal with the Covenants contained in this Declaration.

3.5

PROCEDURE The Architectural Control Committee shall approve or reject the plans submitted to it within thirty (30) days from the date of the submission of the plans to the chairman of the Committee unless the person submitting the plans consents to an extension of the time for a decision. If the committee does not issue a decision within thirty (30) days from the date of the submission of the plans for the proposal, the plans shall be deemed to be approved. The committee shall have the right to reject, for any reason whatsoever, any proposal which it decides is not suitable or desirable. The committee's decision shall be in writing and if a proposal is not approved, the decision shall include a brief statement of the reasons for the committee's action.

3.5.1

For the purpose of further insuring the development of the subdivision as a residential area of high standard. Declarant reserves the right to control the building and structures placed on each residential site. The owner or occupant of each residential site by acceptance of title thereto or by taking possession thereof, covenants and agrees that no building, wall, fence, swimming pool or other structure shall be placed upon such site unless and until the plans and specifications therefore and the plot plan have been submitted to and approved in writing by the Architectural Control Committee. EACH PLAN SHALL SHOW THE FOLLOWING: residential site dimension; location of all structures to be or already constructed on the residential site; elevations of basement and other floors in relation to the top of thickened edge elevations; the elevation of the highest ridge line in relation to the top of thickened edge elevations and the top of existing grade elevations; and other utility connections. Each such building, wall, fence, swimming pool or other structure shall be placed on a residential site only in accordance with the plans and specifications and plot plan so approved. Disapproval of plans and specifications may be based upon any ground including purely aesthetic grounds, which in the sole discretion of the Declarant, ACC or its successor shall be sufficient. No alteration of the exterior appearance including color of any buildings or structures shall be made without prior approval. All buildings and other structures, except swimming pools and fences, must be designed by a registered architect, a professional building designer, or by another qualified person or firm who is approved in writing by Declarant, ACC or its successor. Architectural approval or disapproval, as required in these Covenants shall be in writing. Any proposed changes or additions to an approved set of architectural plans, site plan or landscaping plans must be submitted to Declarant, the ACC or its successor RIDGE HEIGHT RESTRICTIONS ARE AS SHOWN ON EXHIBIT "A" ATTACHED.

3.6Term

The Architectural Control Committee shall continue in existence until the last house within the plat of Kopachuck Ridge Estates Division 1 and subsequent divisions of Kopachuck Ridge Estates has been completed.

3.7No Liability

The members of the Architectural Control Committee shall have no personal liability for any action by or decision of the committee. By acceptance of a deed to any property within the plat of Kopachuck Ridge Estates, the owner of that property agrees and covenants not to maintain any action against any member of the Architectural Control Committee which seeks to hold that member personally or individually liable for damages relating to or caused by any action of or decision by the Committee.

3.8Design Review Committee

Upon the termination of the Architectural Control Committee, the property owners of record within, the plat of Kopachuck Ridge Estates shall have the right to appoint a Design Review Committee to fulfill the continuing obligations imposed upon the Architectural Control Committee by the terms of this Declaration. The Design Review Committee shall be composed of three members who shall be owners of property within or residents of Kopachuck Ridge Estates. The Design Review Committee shall have all the powers and authority granted to the Architectural Control Committee under the terms of this Declaration and any reference to the ACC in this Declaration shall also refer to the Design Review Committee unless otherwise clearly stated or unless clearly indicated by the context of the reference.

Article IVBuilding Sites

4.1House Location

The location and shape of the house footprint on each lot shall be determined by taking into consideration the vegetation, topography, view and relationship to adjacent house~. The minimum size of the house footprint for a Rambler shall be 1800 square feet exclusive of porches and garage. The minimum size for a Two-Story (above dirt grade at house location) shall be 2200 square feet exclusive of porches and garage. After review and approval of the house plans and the plot plan by the Architectural Control Committee, the plans shall be submitted to the building department for their review and issuance of a building permit. RIDGE HEIGHT RESTRICTIONS ARE AS SHOWN ON EXHIBIT "A" ATTACHED.

4.2Setbacks

No building shall be located on any building site nearer to the front lot line than the -minimum building setback line provided by law. No building shall be located on any building site nearer than eight feet (8’) from the side lot lines; and thirty feet (30') from the rear lot line.

Article VNative Growth Protection Easement

5.1Location

Those areas designated as "Native Growth Protection Easement" on the final plat of Kopachuck Ridge Estates Division 1 and subsequent developments shall be maintained to the extent possible, in a natural state. The "Native Growth Protection Easement" is also designated as a public utility and public pedestrian easement.

5.2Restrictions

Within the boundaries of the Native Growth Protection Easement no trees or significant ground cover shall be cut, removed, or destroyed except as specifically provided herein.

5.3Hand Pruning

Hand pruning of trees for view maintenance within the Native Growth Protection Easement shall be permitted only upon written approval of the Architectural Control Committee. Such approval shall be granted only after the Architectural Control Committee has determined that the proposed pruning will not endanger slope stability, will- not defeat the intent or purpose meant to be served by the establishment of the Native Growth Protection Easement, and will not adversely affect the tree or trees to be pruned. The Architectural Control Committee shall require that any such pruning be done in a competent and workmanlike manner and the Committee may require that such pruning be done by a professional gardening service or a licensed tree surgeon.

5.4Safety

Trees and significant ground cover within "the Native Growth Protection Easement may be cut, destroyed, or removed when such an action is necessary to remove a present-danger to life or property. Dead, dying, or diseased trees and ground cover, or trees and ground cover which present a fire hazard, may also be removed. Approval of the Architectural Control Committee shall be obtained for such removal except in cases of imminent danger.

5.5No Dumping

No trash, debris, rubbish or other material shall be dumped or disposed of within the Native Growth Protection Easement.

5.6Improvements

No structures may be erected within the Native Growth Protection Easement, except those related to trail and storm drainage improvements.

5.7Motor Vehicles

No motorized vehicles shall be allowed within Growth Protection Easement except as required for maintenance of public private utilities or construction of public walkways.

Article VIStorm Drainage Easement

6.1Location

Those areas designated as "Storm Drainage Easement" on the final plat map of Kopachuck Ridge Estates Div. 1 and subsequent divisions.

6.2Restrictions

No clearing, permanent landscaping, structures or fencing other than those acceptable to the Pierce County Public Works Department shall be placed on or within the designated storm drainage easement.

6.3Maintenance

In the event said storm drainage easement requires maintenance, repair or replacement as determined by the County Engineer, the County or their Agent shall have the right to enter on said lots adjoining the easement for the purposed of maintaining, repairing, relocating or replacing same, and the lot owners shall be responsible for the restoration of their private improvements within the easement. Should the County Engineer elect to relocate said storm drain to another public utility easement designated on the plat, the County or their Agent may do so and all costs or restoration therein shall be borne by the County.

Article VIIJoint Use And Maintenance Of The Common Property

7.1Common Ownership

Each owner of a lot within the plat of 'Kopachuck Ridge Estates Div. 1 and subsequent divisions shall also own a common, undivided interest in those areas designated on the final plat map of Kopachuck Ridge Estates Division 1 and subsequent divisions as private roads, tracts, and/or common area. These areas shall be referred to therein as the common property. Each owner of a lot within the plat of Kopachuck Ridge Estates shall have a right to use and to enjoy the common property according to the nature of that property and subject the restrictions contained in this Declaration.

7.2Creation Of Lien And Personal Obligation

Each owner of a lot within the plat of Kopachuck Ridge Estates, by acceptance of the deed to or other conveyance of that lot, shall be deemed to covenant and agree to pay any and all assessments provided for in this Article. These assessments, together with any interest or cost of collection, shall be a continuing lien upon the property which is the subject of such assessment. Each owner of a lot within the plat of Kopachuck Ridge Estates Div. 1 and subsequent divisions shall also be personally obligated to pay the amount of any assessment levied against his property during the time that he is the owner thereof, together with any interest

or costs of collection on that assessment. This personal obligation shall not be released by any transfer of the property subsequent to the effective date of the assessment.

7.3Assessment Committee

An Assessment Committee shall be provided for herein. This Committee shall establish rules and procedures for the fulfillment of its obligation. It shall hold regular meetings and establish regular and special assessments as provided for herein.

7.3.1

The Assessment Committee shall consist of three members. These members shall initially be appointed by Declarant. After the sale of the first ten (10) lots in the plat of Kopachuck Ridge Estates Div. 1, the owners of record of those lots shall elect one member of the Committee. Upon the sale of the next ten(10) lots in the plat of Kqpachuck Ridge Estates Div. 1 & 2, the owners of record of all the non-exempt lots in the plat shall, elect a second member to the committee. Upon the sale of the last lot owned by Declarant, or upon the expiration of five (5) years from the date of recording of the final plat of Kopachuck Ridge Estates Div. 3, whichever occurs first, the owners of record of all the lots in the plat of Kopachuck Ridge Estates Division 1, 2 and 3 shall elect a third member of the committee.

7.4Purpose Of Assessments

The assessment levied by the committee shall be used exclusively to maintain the common property in such a manner as to ensure and promote the health, safety, and welfare of the residents of Kopachuck Ridge Estates.

7.5Regular Assessments

Once a year the committee shall determine the amount of money necessary for the ordinary maintenance of the common property and the operation of the Assessment Committee. This amount will be equally divided among the nonexempt lots in the plat of Kopachuck Ridge Estate and notice of such assessment shall be given to each property owner in the manner prescribed by the Committee. The Committee shall establish procedures for the payment of such assessments.

7.6Special Assessments

If the Committee determines that a special assessment is necessary for the extraordinary maintenance of or capital improvements to the common property, the committee shall send a notice of special assessment to the owners of all nonexempt lots within Kopachuck Ridge Estates. This notice shall include a statement of the reasons such an assessment is necessary, the amount to be assessed, the method of payment proposed by the committee, and the date and place for a meeting to discuss such a special assessment. This meeting shall be held no sooner than thirty (30) days from the date of the notice of special assessment. The meeting will be conducted according to the rules adopted by the Assessment Committee and the owner of each nonexempt lot shall be entitled to one vote for each lot owned within the plat of Kopachuck Ridge Estates. Approval of a special assessment shall require consent of two-thirds (2/3) of the nonexempt lots.

7.7Enforcement

If any assessment is not paid according to the procedures established by the Assessment Committee, the amount of the assessment shall bear interest at the maximum legal rate and the Assessment Committee shall file a lien on the property subject to the unpaid assessment for the amount of the assessment plus interest. The Assessment Committee may bring an action at law to enforce payment of a delinquent assessment against the owner of record of the property subject to the unpaid assessment in order to recover the amount of the assessment, and the Assessment Committee may also take whatever measures are provided for by law to foreclose or collect on the lien filed on the property subject to the assessment. In the event of legal action to enforce or collect any assessment, the prevailing party shall be entitled to recover court costs, actual attorney's fees, and the other expenses of litigation.

7.8Exempt Property

All lots owned by the Declarant shall be exempt from any assessment provided for herein for a period of seven (7) years following the date of recording of the final plat of Kopachuck Ridge Estates Div. 1.

Article VIIIMiscellaneous

8.1Enforcement

Any owner of property within the plat of Kopachuck Ridge Estates shall have the right to enforce the Covenants contained in this Declaration through an action at law or in equity. The Architectural Control Committee shall also have the right to bring such action in its name. The prevailing party in any action brought to enforce the Covenants contained in this Declaration shall have the right to collect attorney's fees, court costs, and other expenses of litigation, in addition to any damages which may be awarded.

8.2Waiver

The failure to enforce any Covenant contained in this Declaration shall not be deemed a waiver of the right to enforce such a Covenant.

8.3Severability

If any Covenant contained in this Declaration is held invalid, the remainder of the Declaration shall not be affected and shall continue in full force and effect.

8.4Captions

The captions in this Declaration are inserted only as a matter of convenience and for reference, and in no way describe, define or limit the intent of this Declaration. The captions are not to be used in interpreting this Declaration.

8.5Municipal Ordinances

These Covenants shall in no way restrict the effect of any ordinance adopted by a municipal corporation having jurisdiction over any portion of the property subject to this Declaration. References to ordinances made in this Declaration shall be construed as references to the ordinances as they exist as of the date of the recordation of this Declaration or as they may thereafter be amended.

8.6Interpretation

The Architectural Control Committee shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret the provisions of this Declaration. Its good faith determination, construction, or interpretation of this Declaration shall be final and binding.

IN WITNESS WHEREOF, the undersigned have executed this Declaration this 25 th day of February, 1985.

CITIZENS SERVICE CORPORATION

By:/s/John W. Ramsey

By:/s/William H. Lyle

Refer to original Declaration for Notarization.

Exhibit AMaximum Ridge Heights

KOPACHUCK RIDGE ESTATES DIVISION 2

Lot 10 and 11 have very restricted building area, raised height restrictions on Lots 7, 8, 9, 10, 11.

NOTE: C.O.L. refers to "Center of Lot"

Lot 10 and 11 see above

only very small area to build

home on may need additional

height but should be

restricted as to size.

Lot 18 above 20' side set back help maintain view from 19.