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Public Offering Statement for The Estates in Sequim
“THE ESTATE” SUBDIVISION, a land development created for your lifestyle.
Public Offering Statement in accordance with RCW 58.19.045 and 58.19.055
September 1, 2005
A purchaser may not rely on any representation or express warranty unless it is contained in the public offering statement or made in writing signed by the developer or by any person identified in the public offering statement as the declarant’s agent. This pubic offering statement is only a summary of some of the significant aspects of purchasing an interest in this development and any documents which may govern or affect the development may be complex, may contain other important information, and create binding legal obligations. You should consider seeking assistance of legal counsel if you have unmet concerns or questions.
Unless a purchaser is given the public offering statement more than two days before execution of a contract for the purchase of a lot, parcel, unit, or interest, the purchaser, before conveyance, shall have the right to cancel the contract within two days after receiving the public offering statement and, if necessary to have two days to review the public offering statement and cancel the contract, to extend the closing date for conveyance to a date not more than two days after first receiving the public offering statement. The purchaser shall have no right to cancel the contract upon receipt of an amendment unless the purchaser would have that right under generally applicable legal principles. The two day period shall not include Saturdays, Sundays, or legal holidays.
“THE ESTATE” SUBDIVISION is a new housing development consisting of approximately 17.5 acres and situated between the Strait of Juan de Fuca and the Olympic Mountains in the Town of Sequim, Washington. Located Southeast of the intersection of Bell Bottom Road and West Sequim Bay Roads and accessed from Bell Bottom Road, the parcels offer tremendous territorial views of the mountains and the Sequim Prairie.
The parcel has been developed by Gary Morgison, and his wife Maureen, under the name of G&M Enterprises NW, LLC. Gary’s parents originally owned a portion of the property, where Gary was raised, and Gary is proud to have purchased several contiguous parcels to complete the Development over the past fifteen years. The Development Company is located in the original home utilizing the address of 978 West Sequim Bay Road. Until assumption of management by the new homeowners, the development will also be managed by the Developer.
Fifty-one lots have been created, not to be further divided, and underground power, cable, phone, city sewer and city water will be provided to each parcel. In addition, irrigation ditches unique to the Sequim Prairie, and in operation for over one hundred years, serve the property. An irrigation pipe extension, from this ditch, will be provided to each parcel, for the landowners use during select months of the year, and may represent considerable cost savings in water usage. Roads constructed to City Standards will be provided, sidewalks are to be laced through the development, and an eight foot wide walking path will also be provided to connect to adjacent developments and eventually, as development continues, to the City of Sequim. Access is also provided to the existing Transit System from one corner of the Development. Three areas of land within, comprising over one acre, have been set aside and are communally owned by the purchasers: the reservoir from the irrigation ditch, a park with spacious views for the enjoyment of the homeowners, and another to accommodate stormwater from the street system. As a condition of development, the City of Sequim has required increased Right-of Way limits along the adjacent Bell Bottom Road (30’ to centerline), and West Sequim Bay Road (45’ to centerline), allowing additional buffer for those bordering lots.
In accord with the Covenants (attached), this is a residential development, only. The Developers’ intention is to allow for this use, while eliminating overly restrictive or controversial guidelines through reference to the City of Sequim Municipal Code Chapters.
As the Work is presently in progress, the following schedule has been established for prospective Owners information:
Water and Sewer completion February 15, 2006
Underground Electric Power January 13, 2006
Water and Sewer Connect to City February 20, 2006
Asphalt Paving April 1, 2006
Irrigation January 23, 2006
Sidewalks March 20, 2006
Landscaping April 17, 2006
Development and Periodic Costs to be borne by the purchaser include:
City of Sequim General Facility Sewer charge $4422.50 per residential unit City of Sequim General Facility Water charge $3463.62 per residential unit
City of Sequim Sewer Hookup and Inspection $100 per residential unit
City of Sequim Water Hookup and Inspection $550 per residential unit
Street Light purchase per Covenants $300 approx.
Highland Irrigation Ditch Water Assessment $25 per year
The Estate Community Association $30 - 45 per month
Clallam County PUD xxx
Cable/Phone xxx
Costs to be borne by The Estate Subdivision Community Association (a non-profit corporation) will be required for the:
Maintenance of Irrigation System,
Street Lighting (exclusive of City Lights at intersections with Bell Bottom Road)
Street Maintenance fund
Expense and Maintenance of Park Areas
Cost of Property and Liability Insurance and Property Tax of Common Areas
Responsibility for maintenance of the Park areas will rest with the Estate Subdivision Community Association. Responsibility for maintenance of the right-of way areas will rest with the contiguous parcel owner.
No physical hazards are known of in the immediate vicinity or within the Development. Standard one-year construction warranties from date of acceptance are in place for the roads and utilities.
The undersigned purchaser has received a copy of this Public Offering Statement.
NAME DATE
Conditions, Covenants, and Restrictions
DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS AND RESTRICTIONS
the ESTATE SUBDIVISION
WHEREAS, the undersigned Declarants are the developers of the lots certain real property known as The Estate subdivision, being fully described as follows:
The Estate Subdivision, in Volume __________, page _________, records of Clallam County, Washington, (“property”).
WHEREAS, Declarant’s desire to and do impose certain protective covenants upon said real property for the mutual benefit of all owners, present and future; and
ARTICLE I DECLARATION AND DEFINITIONS
1.1 Declaration. The lots in the Estate subdivision shall be held, sold and conveyed subject to the easements, covenants, conditions and restrictions set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the lots. Such easements, covenants, conditions and restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in any lot and shall inure to the benefit of each owner thereof; and are imposed upon each lot as a servitude in favor of each and every other lot as the dominant tenement or tenements.
1.2 Term. The Declarations shall be effective for an initial term, expiring January 1, 2010 and thereafter by automatic extension for successive periods of five (5) years each, unless terminated, as the expirations of the initial term or any succeeding five-year term by a termination Agreement executed by the then owners of not less than Seventy-five percent (75%) of the lots then subject to this Declaration.
1.3 Estate Subdivision Community Association. The Estate Subdivision Community Association (“ESCA”) shall be established among real property owners for the following purposes:
a. To acquire, maintain and preserve for the benefit of owners, real property and adjoining easements constituting fencing, frontal and entrance areas, landscaping, interior streets, Common and Park Areas, lighting and other amenities common to real property owners.
b. To monitor compliance with, and enforce as necessary, real property covenants, conditions and restrictions affecting use and enjoyment of ownership.
c. To cooperate and work with, for the benefit of the real property owners, public and private organizations and homeowners associations to promote and enhance the use of facilities, services and amenities.
1.4 Declarant intends to administer the Estate Subdivision Community Association until 60% of the lots contain completed residences or homes under construction. Funds for maintenance, repair of improvements, and common areas will be provided through assessments to Owners.
1.5 Definitions.
a. “Association” shall mean and refer to ESTATE SUBDIVISION COMMUNITY ASSOCIATION, its successors and assigns.
b. “Property” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
c. “Common Area” shall mean all real property owned or controlled by the Association for the common use and enjoyment of the members of the Association.
d. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property with the exception of the Common Area.
e. “Member” shall mean and refer to every person or entity who holds membership in the Association.
f. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
ARTICLE II CONSTRUCTION REVIEW AND CONTROL
2.1 Construction Approval. No residential dwelling or storage structure shall be erected on any portion of the property or parcel without the prior written approval of the ESCA board of directors. Improvements shall also comply with Sequim City Code and Building Department.
2.2 Disputes. Any dispute, which may arise as a result of noncompliance, shall be submitted to arbitration under the then current rules of the American Arbitration Association.
2.3 Construction Time. Temporary living in motor home will be permitted during construction. Any dwelling or structure erected or planned on any lot shall have external features completed, including finish painting and landscaping, within nine (9) months from date of start of construction except for reasons beyond control of the lot owner, in which case a longer period may be permitted if approved by the ESCA. Temporary living in motor home or trailer will be permitted during construction.
2.4 Design Guidelines. There are to be no pre-manufactured homes. Roofs must exhibit opposing pitches and must be steeper than five and one-half (5-1/2) inches rise in twelve (12) inches run or steeper. Metal siding or grooved panel siding are not allowed on homes or outbuildings. Double wall construction (1/2” sheathing minimum plus siding) will be required on exterior walls of all homes and outbuildings. Appearance of front, sides, and rear of structures must be complementary in materials and textures.
2.5 Size of Improvement. Single-family dwelling units, excluding covered parking, shall occupy not less than 1,200 square feet of ground coverage, and shall have living area of not less than 1,600 square feet.
2.6 Outside Lighting Fixtures and Lamp Posts. The development of each Lot shall include the following outside light fixtures: At least one outside lighting fixture and post to be located one foot (on house side) from the sidewalk and two feet from the driveway approach for purposes of illuminating the sidewalk. Light must be automatically activated by a photoelectric cell; the power for which cannot be switched off and on. It shall be the responsibility of the Owner Occupant of each dwelling Structure to repair and maintain the lamppost and lighting structure including, but not limited to the automatic photoelectric cell operation thereof. To the extent that an Owner Occupant does not so repair and maintain the lamp post and lighting fixture, then such repair and maintenance may be undertaken by the Association; whereupon the Board may make a special assessment against the Lot and Owner as provided in Article IV in the amount of the costs expended for the repair or maintenance. The design and specifications for such lighting fixtures and posts shall be established or approved by the Association prior to installation. Design of outside fixtures on the structures shall encourage “Dark Sky “Lighting and shall be arranged to minimize or eliminate light trespass on to adjacent properties.
2.7 Fences. No fence, wall or hedge shall be erected or placed at the front of any lot nearer at any street than the minimum building setback line, except this shall not prevent the erection of a necessary retaining wall, the top of which does not extend more than two (2) feet above the finished grade at the back of said wall. Fences shall be constructed of suitable fencing material and shall not detract from the appearance of the residence on which such fence is located or from the appearance of the residences located on abutting lots. No fence or wall shall exceed four (4) feet in height from finished grade.
2.8 Setbacks. In accord with Final Special Conditions of Approval (City of Sequim Planning Commission March 8, 2005) Standard Setbacks shall be used for all lots except 1, 28, 29, 30, 31, and 45.
MINIMUM REQUIRED SETBACKS
1, 28, 29, 31 Front
20 Side
10 Rear
10
30, 45 20 5 15
All other lots 20 10 15
ARTICLE III USE RESTRICTIONS
3.1 Business & Commercial Use. Lot Owners shall comply with Sequim Municipal Code Chapter 18.67. The Association shall have the right to disapprove of Business signage and request elimination or alteration of same. This shall not prohibit the right of any homebuilder to construct a conforming single family dwelling on any lot or to store construction materials and equipment to be used in construction of such a single family dwelling on the lot on which it is being constructed.
3.2 Maintenance of Structures and Landscape. All structures upon a lot shall at all times be maintained in good condition and repair and be properly painted. Lot owners shall comply with SMC 8.16 Weeds. Streetscaping shall be maintained in proper condition by the Owner of any parcel adjacent to said Streetscaping or the ESCA.
3.3 Vehicles. No transportation vehicles including, but not limited to, boats, campers, and trailers, whether operate or not, of any kind shall be stored, maintained, or constructed on any lot of or street in such a manner as to be visible from the street or neighboring lots. For purposes of this section, any vehicle shall be deemed stored if not removed from the lot and/or street for a minimum of four hours during each 72 hour period.
3.4 Pets. Animals shall be controlled in compliance with Title 6 of Sequim Municipal Code. No farm animals will be allowed.
3.5 Garbage & Trash. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garage and other household waste shall not be kept except in sanitary containers properly screened and shielded from adjacent properties. Lot owners shall comply with SMC 8.08.4 Compulsory solid waste service.
3.6 Noxious or Offensive Activity. Lot owners shall comply with SMC 8.32 Public Nuisance and Disturbance Noises
3.7 Water & Sewage Systems. Private wells and private sewage (septic) systems are prohibited.
ARTICLE IV GENERAL PROVISIONS
4.1 Amendment. This Declaration can be amended by an affirmative vote of the owners of not less than Seventy-five percent (75%) of the lots.
4.2 Enforcement. Declarant, the ESCA or any lot owner shall have the right to enforce any provision of this Declaration or to recover damages resulting from any violation thereof by any proceeding at law or in equity. Thirty (30) days after written notice of the owner of any lot setting forth a violation, Declarant, the ESCA or the agent of either may enter upon such lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct the violation. The expense thereof, if not paid by such owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot. Failure of Declarant, the ESCA or any lot owner to enforce any provision herein shall in no event be deemed a waiver of the right to do so.
4.3 Severability. Invalidation of any provisions hereof shall not affect the other provisions, which shall remain in full force and effect.
4.4 Notice. Any notice required hereunder shall be deemed effective when personally delivered or when mailed by certified mail to the owner of public record at the time of such mailing to such owner’s address as appears on the Clallam County Tax Records.
ARTICLE V THE ESTATE SUBDIVISION COMMUNITY ASSOCIATION
5.1 The Estate Subdivision Community Association (ESCA) shall be formed by Declarant as a Washington State Non-profit Corporation after the Declaration is recorded.
5.2 Membership. Each person or entity who is the contract purchaser or record owner of real property, which is subject to the Covenants, is a member of the Estate Subdivision Community Association. Membership shall be allocated by lot ownership. All members shall have rights and duties as specified in the Covenants.
5.3 Duties and Powers. The Association shall have all requisite power, duty, and authority to perform its obligations under this Declaration, including, without limitation, the power, duty and authority to enforce the provisions of this Declaration and to acquire and pay for, out of the common fund provided by assessments pursuant to Article VI, all goods and services necessary or appropriate for the proper functioning of the Association in accordance with the Declaration. Without limiting the generality of the foregoing and subject otherwise to the provisions of this Declaration, the Association shall have the following power, duty and authority to undertake the following actions:
5.3.1 Determine the amounts necessary or appropriate for its performance of its powers and duties under this Declaration;
5.3.2 Impose and collect Semi-annual and Special Assessments from the Owners;
5.3.3 Maintain bank accounts on behalf of the Association and designate the signatories for those accounts.
5.3.4 File all required income tax returns;
5.3.5 Enforce by the imposition of fines and/or by legal means the provisions of this Declaration;
5.3.6 Maintain and repair the Park, Storm Drainage, Interior Streets, Common Areas, and the Improvements thereon, and establish one or more reserve funds for such purposes;
5.3.7 Promulgate, modify and rescind rules and regulations governing the use of the Property, or any portion thereof;
5.3.8 Obtain such policies of insurance as the Board may from time to time deem appropriate for the protection of the Association, Park, Storm Drainage, Common Areas, and the Improvements thereon;
5.3.9 Contract for such services as may be necessary or appropriate to manage the affairs of the Association and the Property; and
5.3.10 Appoint such committees as the Board may determine from time to time to be appropriate to assist in the conduct of the affairs of the Association and delegate to any such committee such authority, as the Board may deem appropriate.
5.4 Voting Rights. Every member has a single voting right within the Estate Subdivision Community Association whether in person or by proxy for each lot. There shall be one unit of membership (and one vote) for each lot or parcel owned.
5.5 Liability. Neither an officer nor Director of the Association shall be liable to any Owner or Declarant for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Association, its officers, its Board, any member of the Board, or any committee established by the Board. Any officer or Director shall be indemnified by the Association against all expenses and liabilities, including reasonable attorney’s fees, incurred or imposed against such person in such capacity; provided, however, that the Officer or Director shall not be guilty of willful misconduct or bad faith in connection with such act or failure to act.
5.6 Annual Business Meeting. The membership as convened for the Annual Business Meeting is the principal authority of the Estate Subdivision Community Association and establishes general consensus, direction and plans for the Association to be carried out by its members.
5.7 Board of Directors and Officers. The membership of the Estate Subdivision Community Association shall elect and approve a Board of Directors from the constituency during the Annual Business Meeting. The Board of Directors shall appoint officers and committees, to represent and perform the duties and functions for the employ of professional services, including property management and lawn care, in executing its duties and functions for the Association. The Board of Directors shall be suitably insured and bonded as a prerequisite to executing its duties. No Directors or officers shall receive compensation from the ESCA for acting as an officer.
ARTICLE VI ASSESSMENTS
6.1 Assessments. Each member of the Estate Subdivision Community Association is subject to an annual assessment. Assessments shall be on a per lot basis as recorded for Lots 1-51 in the Estate subdivision in records of Clallam County, Washington. The amount of the assessment shall be determined by an affirmative vote of the Owners of 75% of the parcels during each Annual Business Meeting. Assessments are for purposes of payment of community expenses including:
1. Cost of Electricity serving street lighting and community irrigation pumps.
2. Establishing a Reserve Fund for street maintenance, maintenance of irrigation system, and park or common areas.
3. Other maintenance expenses benefiting the Association as determined by the Board of Directors.
4. Cost of Property and Liability Insurance, and Property Taxes of Common Areas.
6.2 Collection. The assessments shall be collected and applied by the Board of Directors, or agents assigned for that purpose, to bear the costs exclusively for the objectives of the Association as set forth in Article I of this Declaration.
6.3 Obligation. Each owner of real property or contract purchaser is deemed to covenant and agree to pay the annual assessment. The annual assessment, together with interest and cost of collection including reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon the real property against which each assessment is made. No sale or transfer shall relieve said lot from liability for any assessments thereafter becoming due or from the lien. If the assessment is not paid within thirty days of the due date, the assessment shall bear interest monthly from the due date at 12% annual rate.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the _____ day of September, 2005.
G & M Enterprises L.L.C.
______________________ ________________________
Gary Morgison Maureen Morgison
STATE OF WASHINGTON )
County of Clallam ) ss.
This instrument was acknowledged before me this ____ day of September, 2005, by
_______________________
_______________________
NOTARY PUBLIC FOR Washington State commission expires …
The Estate Subdivision Community Association
2654 Atterberry Rd.
Sequim, WA 98382
AMENDMENT #1, February 5, 2008
ARTICLE II CONSTRUCTION REVIEW AND CONTROL
2.5 Size of Improvement, Height Restrictions. Any structures built on Lots 38 or 39; structure height must not exceed 18', exclusive of vents or chimneys, measured from the highest natural point of each parcel to the highest point of the structure. Any structures built on Lots 46 or 47 must not exceed 20’, exclusive of vents or chimneys, measured from the highest natural point of each of the parcels.
2.6 Fencing: Lots 43 and 44 will be allowed a 6’ fence, design of which is subject to ESCA design approval before construction.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the _____ day of____________________, 2008.
G & M Enterprises NW, L.L.C.
______________________
Maureen Morgison
STATE OF WASHINGTON )
County of Clallam ) ss.
This instrument was acknowledged before me this ____ day of_____________, 2007, by
_______________________
_______________________
NOTARY PUBLIC FOR Washington State commission expires …
The Estate Subdivision Community Association
2654 Atterberry Rd.
Sequim, WA 98382
AMENDMENT #2, February 8, 2008 (to correct wording in Amendment #1)
ARTICLE II CONSTRUCTION REVIEW AND CONTROL
2.5 Size of Improvement, Height Restrictions. Any structures built on Lots 38 or 39; structure height must not exceed 18', exclusive of vents or chimneys, measured from the highest natural point of each parcel to the highest point of the structure.
Any structures built on Lots 46 or 47 must not exceed 20’, exclusive of vents or chimneys, measured from the highest natural point of each of the parcels within the building setbacks as stated in Article II, section 2.8, “Setbacks.”
2.6 Fencing: Lots 43 and 44 will be allowed a 6’ fence at the rear and sides of the residence(s) only, design of which is subject to ESCA design approval before construction.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on the _____ day of____________________, 2008.
G & M Enterprises NW, L.L.C.
______________________
Maureen Morgison
STATE OF WASHINGTON )
County of Clallam ) ss.
This instrument was acknowledged before me this ____ day of_____________, 2007, by
_______________________
_______________________
NOTARY PUBLIC FOR Washington State commission expires …
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