DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS
OF
HARVEST VIEW ESTATES
A Planned Residential Community
Use Restrictions
1.1 Residential Use. The only permanent structures which shall be erected, placed or permitted to remain on any Parcel shall be the following.
(a) One detached single-family dwelling per Parcel, designed and used for single-family occupancy only. All single-family dwellings shall have at least 2500 square feet of finished living area and shall have an attached or detached garage that matches the single-family dwelling.
(b) One private garage per Parcel.
(c) Minor outbuildings which are well constructed and normal accessories to residential uses.
1.2 Prohibited Occupancies. No structure of a temporary character, trailer, mobile home, tent, shack, garage, barn or other outbuilding shall be used on any Parcel at any time as a residence either temporarily or Permanent. All such structures must comply with the applicable building code.
1.3 Garbage and Waste Materials. No Parcel shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in approved sanitary containers for proper disposal by the Owner. Such containers shall be stored in areas which are screened from public view, except for garbage pickup days, if any. Yard rakings such as rocks, dirt, grass clippings and similar materials shall not be dumped in public right-of-way or Common Areas. The removal and disposal of all such material shall be the sole responsibility of the individual Parcel Owner.
1.4 Completion of Construction. Owners of any Parcel shall have 2 years from the purchase date of the Parcel to break ground for the construction of their single-family dwelling. Construction work on buildings and structures shall be prosecuted diligently and continuously until the same are fully completed and painted. All structures shall be completed as to external appearance, including finish painting, within nine months from the date construction commences.
1.5 Maintenance of Structures and Grounds. Each Owner shall maintain such Owner’s parcel and improvements thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Such maintenance shall include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building services, walks and other exterior improvements, and glass surfaces. In addition, each Owner shall keep all shrubs, trees, grass and plantings of every kind on such Owner’s Parcel neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each Owner.
1.6 Vehicles in Disrepair. No Owner shall Permit any vehicle which in in an extreme state of disrepair or inoperable to be abandoned or to remain parked upon any Parcel, public right-of-way or on the Common Areas for a period in excel of 48 hours. A vehicle shall be deemed to be in an “extreme state of disrepair” when, in the opinion of the Board of Directors of the Association, its presence offends the occupants of the neighboring Parcels. 1.7 Nuisance of Offensive Activities. Nuisance of Offensive Activities. No noxious, illegal or offensive activity shall be conducted in any portion of Harvest View Estates, nor shall anything be done or maintained therein derogation or violation of the laws of the State of Washington, County of Yakima or any other applicable governmental entity, nor shall anything be done or placed on any portion of Harvest View Estates which may be or become an annoyance or nuisance to the neighborhood or detract from the value of Harvest View Estates as a high-quality residential community. After providing the interested parties with a reasonable notice and opportunity to be heard, the board shall determine whether any given use of a Parcel or Dwelling unit unreasonably interferes with the rights of the other Parcel Owners to the use and enjoyment of their respective Parcels and Dwelling units, or the Common Property, and such determination shall be final and conclusive.
1.8 Animals. No pets, other than cats, may enter the Common Areas unleashed. Any animals that are kept on an Owner’s Parcel shall be maintained at the Owner’s expense and shall always have food and water available for the animals.
1.9 Recreational Vehicles and Equipment. Parking of boats, trailers, motorcycles, trucks, truck campers, motor homes, other recreational vehicles and like vehicles and equipment shall not be allowed for any period in excess of 48 hours on any part of a Parcel, public right-of-way or on the Common Areas, except only within the confines of an enclosed garage or behind a fence which screens the vehicle from view from outside the Parcel upon which the vehicle is located.
1.10 Common Areas. Common Areas are to be maintained by the Association and no changes in landscaping, removal or trimming of trees, lawns, or shrubs in the Common Areas will be permitted unless approved by the Association. No building, wall, fence, paving, landscaping or construction of any type shall be erected or maintained by any Owner so as to trespass or encroach upon the Common Areas. The Board of Directors of the Association shall have authority to abate any such trespass or encroachment upon the Common Areas at any time, by any reasonable means and with or without having to bring legal proceedings.
1.11 Pats and Streets. All paths and streets in the Property are for the use of Owners on an equal basis subject to reasonable rules and regulations from time to time approved by the Association. Automobile parking is prohibited in front of private driveways and no obstruction or barrier is allowed on, across or adjacent to public rights-of-way, walkways or paths which would interfere with any Owner’s use of the Common Areas or access to the Owner’s own Parcel.
1.12 Signs. Unless approved by the Association no sign of any kind shall be displayed to the public view on any Parcel or structure, except one professional sign of not more than five feet square advertising that the Parcel and any improvements are for sale or project signs used to advertise the Property during the construction and sales period.
1.13 Fences. No fence or wall shall obstruct the public right-of-way or the Common Areas.
1.14 Outbuildings. Outbuildings, such as garden sheds, wood sheds, storage sheds and shelters for domestic animals, shall be permitted only within the fenced portion of a Parcel. No outbuilding shall exceed ten feet in height.
1.15 Grading. Regrading of any part of a Parcel shall be limited to the minimum necessary for appropriate development. Grades at boundary lines of Parcels shall blend with the grades of adjacent Parcels. Grading shall not permit surface water to flow in such a way as to be a detriment to adjacent Parcels or public right of way.
1.16 Mineral Rights. All mineral rights for Oil and Gas are retained by Harvest View Estates, LLC.
1.17 Disclosure of Landfill. This is notification and disclosure that there is a Limited Purpose Landfill located North East of this Development and it will be in operation for many years to come. Before a Buyer purchases any parcel, they should ask any questions pertaining to the Landfill.
1.18 Association Rules and Regulations. The Association from time to time may adopt, modify, or revoke such additional rules and regulations governing the conduct of persons and the operation and use of the Parcels and the Common Areas as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property.