DECLARATION of COVENANTS and RESTRICTIONS
ROCKY POINT TRACTS
Binding until the Year of 2022
Know all men by these presents the Rocky Point Community Club, a non-
profit corporation registered with the State of Washington, governed by a Board
of Directors acting at the direction of at least 75% of the owners of the lots
or tracts, situated within the following subdivisions in Island County,
Washington, present at the adoption meeting:
A. All lots or tracts situated within the plat of Rocky Point Tracts,
Division 1, as per the plat recorded with the Auditor of
Island County, Washington.
B. All lots or tracts situated within the replat of Rocky Point Tracts,
Division No. 2, as per the plat thereof recorded with the
Auditor of Island County.
C. All lots or tracts situated within the plat of Rocky Point Tracts,
Division No. 3, as per the plat thereof recorded with the
Auditor of Island County.
D. All of the lots or tracts situated within the real property which is
described in that certain instrument recorded under
Island County Auditor's file number 179934.
Being desirous of maintaining the quality of the individual lots and tracts
situated within the tracts above described and desiring to amend the Restrictive
Covenants which have heretofor been applicable to the individual lots and tracts
contained within the property above-described, do hereby adopt the following
Declaration of Covenants and Restrictions for all individual lots and tracts
which are situated within the property above-described and do hereby declare
that the above-described real property is and shall be held and conveyed upon
and be subject to the restrictions, covenants, conditions, reservations,
easements, liens and charges hereinafter set forth.
1. OWNER'S ASSOCIATION
The owner of each lot or tract of real property which is situated within the
property first herein described as being subject to this Declaration shall be a
member of the association of property owners which association "I be Rocky Point
Community Club. Each owner of a lot or tract shall be entitled to one (1)
membership for each lot or tract so owned. Membership in the owners' association
shall be appurtenant to the lot or tract of property giving rise to such
membership and shall not be assigned, transferred nor conveyed except upon the
transfer of title to said tract of real property or a sale under a real estate
contract of said real property.
The total voting power of all members of the owners' association shall be the
total number of lots or tracts within the total area of property which is
entitled to membership and the owner of each of said lots or tracts shall be
entitled to one (1) vote. The vote for any lot or tract must be cast as a single
vote and fractional votes shall not be allowed. In the event that joint-owners
are unable to agree among themselves as to how their vote shall be cast,
- The majority of said joint-owners shall prevail and the vote allocated
to such lots or tracts shall be cast accordingly or
- In the event that there is no unanimity among a majority of said joint-
owners, the other owners shall designate one (1) of the joint-owners to cast the
vote for the lot or tract which is the subject of the joint-ownership.
All persons owning any lot or tract which is subject to this declaration
shall also be bound by the terms and provisions of the Articles of Incorporation
and the By-laws of Rocky Point Community Club.
2. PURPOSE of RESTRICTIONS
The purpose of the restrictions, conditions, covenants, limitations, and
exemptions set forth herein shall be to:
- Contribute to the orderly maintenance and use of the property,
- Prevent nuisances,
- Establish and maintain an attractive and desirable residential area,
- Protect and enhance the value of each individual lot or tract for each
individual owner thereof.
3. PROPERTY AFFECTED by this DECLARATION of COVENANTS and RESTRICTIONS
Property affected and which is-subject to the covenants*, restrictions*, and
exemptions* herein are all lots or tracts situated within the following
described tracts of real property in Wand County, Wa.
- All lots or tracts situated within the plat of Rocky Point Tracts, Division
No. 1, as per the plat recorded with Me Auditor of Island County, Washington
- All lots or tracts situated within the replat of Rocky- Point Tracts,
Division No. 2, as per the plat thereof recorded with the Auditor of Island County.
- All lots or tracts-situated within the plat of Rocky Point Tracts,
Division No. 3, as per the plat thereof recorded with the Auditor of Island County,
- All lots or tracts situated within the real property which is described
in that certain instrument recorded under Island County Auditor's file number 179934.
4. EXCLUSIVE RESIDENTIAL USE
Except as otherwise provided herein, each lot or tract shall be used
exclusively for single-family* residential occupancy.
Prohibited in Rocky Point are:
- Two-family and multi-family dwelling-units (duplexes, apartments)
- Detached accessory dwelling-units separate from the single-family
- A certified survey of the lot(s) is required before any construction of
the dwelling-unit can begin.
- The plans of the construction and the construction of all residences,
dwelling-units, buildings, remodeling, additions,
exterior alterations, improvements, sheds, greenhouses, Al accessory*
buildings, fences and gates will be:
- Submitted and approved by the Island County Building Department;
- In accordance with plans that are governed by Me Island County Building
Code and the Uniform Building Code:
- Prohibited from using the Island County 'Owner-Builder' Residential
permit which is an amendment of the Wa. State Code, Chapter 14.01;
- Submitted to the RPCC Board of Directors for final approval, prior to
commencement of construction.
6. ARCHITECTURAL and CONSTRUCTION STANDARDS
The following provisions shall govern and control the architectural and
construction standards for the construction of any
improvement on any lot or tract:
- The dwelling-unit, that will be erected, placed, altered or maintained,
shall be limited to a single-family residence with:
- The habitable main floor of which shall be not less than 1,000 sq. feet
in area, exclusive of garage, carport, open entries and patios
- One (1) detached garage or carport limited to three (3) vehicles or one
other accessory* building may be erected thereon, if the same is used strictly as an accessory to a single-family residence
- No single-family residence dwelling unit shall have more than one story
above the ground which is not accessible from, a ground level entrance, nor
shall any such single-family residence dwelling-unit or accessory building be
more than sixteen (16) feet in height, measured from the highest point of
intersection of the plane of the natural grade of the lot or tract and the
proposed foundation walls. A perpendicular line from said point shall be created
to determine sixteen (16) feet in height." Provided, however, that said height
restriction shall not be applicable to:
- All buildings erected, altered or placed on the premises shall be of
good substantial construction materials which are
approved in the then applicable Uniform Building Code. Such buildings and
improvements shall be:
- In harmony of external design with the existing structures situated upon
any lot or tract
- Properly located with respect to topography and finished grade elevation
- Constructed upon a closed concrete or concrete block foundation
- Constructed on site
Prohibited in Rocky Point Community Club are:
- Relocated* dwelling-units
- Manufactured *dwelling-units
- Mobile*, modular, and pre-fabricated dwelling-units
- No portable nor wheeled living accommodation unit, other than a
currently licensed recreational vehicle, shall be
permitted to be kept or placed upon any lot or tract, except as otherwise
provided for herein, and said placement shall not
exceed a duration of one (1) year during the course of bona fide
construction of permanent improvements upon the lot or
For the purpose of clearing a lot, an owner may apply to the Board of
Directors of Rocky Point Community Club for a
permit to park a self-contained recreational vehicle", motorhome,
fifth-wheeler or camper on said owner's lot, for an
approved amount to of time necessary for the clearing of the lot, which
time shall not exceed five days in any one year
unless Me Board of Directors should find that an extension of said time in
any particular case would be in the best interest
of the community.
- No residential structure shall be erected nor placed upon any lot or
tract which lot or tract has any area of less than 7,200 square feet.
- No more than one single-family dwelling-unit shall be built upon any one
lot or tract.
- No lot nor tract shall be subdivided in portions thereof become a part of
the adjacent lots included in the subdivided area and on the condition that,
after such subdivision, all such adjacent lots within the subdivided area, the
boundaries of which are being rearranged, shall be in excess of 7,200 square
feet in size.
7. WASTE DISPOSAL
All toilets and lavatories shall be located indoors within a single-family
residence dwelling-unit or an accessory building and shall be connected to
underground pipes leading to outside septic tanks which are in full compliance
with all of the statutes, laws and ordinances governing the use of septic tank
systems in the State of Washington and in Island County. No septic tank system
shall be installed without full approval thereof being obtained from the proper
authority of Island County or the State of Washington.
If, in the future, a public or community sewer system is installed to serve
any of the lots or tracts which are the subject of this declaration, the owner
of any unimproved lot or tract shall connect -said lot or tract to the public or
community sewer system. The owners of the improved lots (lots which have an
established residence dwelling-unit thereon shall have an option to connect to
the public or community sewer system.
To avoid the crowding of buildings, unnecessary obstruction of views, and
in order to generally maintain a neat and orderly
appearance of Me community:
- No dwelling unit nor accessory building, including porches and the
overhang of any roof, shall be situated closer than five
(5) feet from the boundary of any lot or tract;
- Nor closer than twenty (20) feet from the boundary of any county street
- Nor closer than ten (10) feet from the boundary of any ingress or egress
- In addition, all buildings constructed on lots 10-17, Block 2, Division No.1
of Rocky Point Tracts, must be constructed at least fifty (50) feet from the top
of the bluff as the "top of the bluff" is delineated upon the recorded plat of
Rocky Point Tracts, Division No. 1.
- In the event that any building site shall encompass more than one lot or
tract, the exterior lot lines, for the purposes of this section, shall be
boundary lines for the purposes of determining the setback requirements under
9. CONSTRUCTION PERIOD and OCCUPANCY
The following provisions shall govern and control the period for the
completion of construction and the time of occupancy of any improvement or
- The construction of any building "I be prosecuted in a diligent manner and
construction shall proceed continuously from the commencement thereof. The
exterior of the improvement must be completed within one (1) year from the
commencement date*which will be recorded with the RPCC secretary. A finished
exterior is defined to mean that state of completion of the exterior decoration,
painting and staining, etc., to the extent that the materials used and the
general appearance is such that a reasonable person would deem the exterior to
- No permanent building shall be occupied as a residence until the
exterior thereof is substantially completed and the
building is enclosed.
- Any temporary structure for the storage of tools and materials during the
construction period must be removed from the lot or tract immediately upon the
completion of construction.
- No other buildings, structures, self-contained recreational vehicles, motor
homes, fifth. wheelers, campers, boats, tent- trailers, house-trailers nor
mobile homes of any kind shall be erected nor maintained on any lot prior to the
commencement of construction of the main residence dwelling-unit
- Only a self-contained motor home or permanent garage may be occupied
as a temporary residence for not more than twelve (12) months during the time
construction is actually in progress if the temporary residence is connected to
a proper and adequate septic tank system approved by the health authorities
having jurisdiction of septic tank systems.
10. FUEL STORAGE
Any facility for storing fuel, oil, liquid gas, or other
flammable liquids will be:
- Below the ground or
- So constructed as to be an integral part of the main dwelling-Unit or
accessory building and
- They will be hidden from view with landscaping fencing, lattice, or an
open lattice-like or grid-like structure,
- In accordance with current Island County Codes.
11. GARBAGE and REFUSE
A closed sanitary container for the temporary storage of garbage and refuse
shall be maintained in connection with each dwelling-unit. All garbage and
refuse shall be regularly removed and disposed of away from the community which
is comprised of the above-described real property. There shall be no permanent
storage of garbage nor refuse on any lot or tract.
Natural vegetation as defined by the Uniform Fire Code and Island County
Fire Marshall may be burned outside with the stipulations that are currently set
by the Island County Fire Marshall. Each lot or tract shall be kept reasonably
free of vegetation of any type which might become a fire hazard as defined by
the Uniform Fire Code and the Island County Fire Marshall.
12. EXTERNAL LANDSCAPING and LOT APPEARANCE
The owner or other occupant of each lot or tract upon which a dwelling-unit
has been constructed shall maintain the premises in a neat, clean, and orderly
condition. Upon completion of the dwelling unit, that portion of the lot or
tract not devoted to buildings, driveways, parking areas, and walks, shall be
seeded and/or landscaped.
- Each lot or tract shall be landscaped within one (1) year from the
completion of the exterior of the residence dwelling unit.
- No planted hedge* nor fence shall be allowed to grow nor be constructed
to a height in excess of six (6) feet.
13. TREES, BUSHES, and NATURAL VEGETATION
The care and maintenance of any trees, bushes, and natural vegetation
on any lot or tract shall be the responsibility of the owner thereof. The Board
of Directors of Rocky Point Community Club will ascertain if there are any
violations of the individual lots and tracts situated within the above-described
- All trees, bushes, and natural vegetation will be maintained at a height
below sixteen (16) feet Trees, bushes, and natural vegetation that exceed
sixteen (16) feet, shall be brought into compliance as stated in Paragraph 18,
- Said height restrictions in this Section 12 shall not be applicable to:
- Lots 1 through 10 of Block 1, plat of Rocky Point Tracts Division No. 1,
which are located generally along North Sunset Drive;
- Lots 1 through 10 of Block 2, plat of Rocky Point Tracts Division No. 1,
which are located generally along North Sunset Drive;
- Lots I through 26, plat of Rocky Point Tracts Division No. 2, which are
located generally along West Camano Drive;
- Trees and vegetation covered by specific county. state or federal
14. OFFENSIVE USE of PROPERTY
Pernicious, illegal or offensive use of land and buildings shall not be
allowed or carried on upon any lot or tract nor shall anything be done on any
lot or tract which is or becomes an annoyance or a nuisance to the
No goods, equipment, trucks, vehicles nor other paraphernalia used or
intended for use in connection with any business, service or trade shall be kept
nor stored in the open on any lot or tract in such quantity nor in such a manner
so that the same is unsightly or reasonably objectionable to the owners of other
lots or tracts in the vicinity.
No commercial signs, billboards, nor advertising devices, except reasonable
signs used in advertising the sale of above described lots or tracts, shall be
placed nor maintained upon any lot or tract or upon any building situated upon
any lot or tract.
The occupant of any lot or tract shall comply with all local and Island
County laws and ordinances governing pets and animals.
- Cats, dogs or other household pets shall be permitted but shall not exceed a
total of four (4) in number (except during the raising of litters for a period
of ninety (90) days.
- No more than one (1) accessory building for the use of housing pets shall be
permitted on any lot or tract and no such accessory building shall be situated
so that it is less than thirty (30) feet from any dwelling occupied by persons
other than the owners of said pets.
- No other animals, livestock or poultry of any kind shall be kept nor
permitted to be upon any lot or tract of the Rocky Point Community Club.
16. DUES and ASSESSMENTS
For the purpose of enabling Rocky Point Community Club to carry out the
responsibilities granted to said owners' association under this declaration and
under its Articles of Incorporation and By-laws, the owner of each lot or tract
which is subject to this declaration shall pay such dues and assessments as
prescribed and payable in such a manner as shall be prescribed by the By-laws of
said owners' association.
17. DELINQUENT DUES and ASSESSMENTS
Any dues or assessments payable to Rocky Point Community Club or the actual
and necessary costs incurred by Rocky Point Community Club in enforcing any of
the terms and provisions of this declaration, which dues, assessments and/or
costs are not paid at the time and in the manner specified by the by-laws of
Rocky Point Community Club, shall be deemed to be delinquent:
- The Board of Directors of Rocky Point Community Club has the authority to
place a lien on property delinquent in dues, assessments, and costs as per
specified in the by-laws. The Board shall pursue all delinquent accounts to
satisfy that no existing balances are carried into the second calendar year
unless the Board of Directors applies an exception to individual cases of
distress or mitigation.
- Said lien may be enforced by the owners' association as may any lien for the
improvement of real property under the law; and
- If said lien is foreclosed, the lot or tract owner shall be liable for the
costs and disbursements, including attorneys, fees for the owners' association,
all of which costs, disbursements, and fees shall be secured by such lien.
- A satisfaction of said lien shall be filed by the said owners' association
upon payment in full of the said dues, assessments and/or costs together with
interest, costs, disbursements, and attorneys' fees incurred by the owners'
- The purchase of lots or tracts within the property which is the subject
matter of this declaration, by the acceptance of Deeds therefore, or by the
signing of contracts to purchase the same, shall become personally obligated to
pay such dues, assessments and/or costs, including interest, upon the lot parcel
or tract purchased or agreed to be purchased by them and shall be obligated
subject to the enforcement provisions outline above.
Enforcement of any of the covenants, restrictions, and exemptions
contained herein may be by proceedings in law or in equity against any person or
persons violating or attempting to violate any covenant, restriction, or
- The cost of such proceeding shall be paid by the owner of the non-conforming
lot or tract. Such proceedings may be to restrain, to enjoin, to recover damages
or to cause the removal of all cases of non-conformance. Any such
proceedings may be instituted by the Board of Directors of Rocky Point Community
- When a violation occurs. the enforcement procedure is as follows:
- When the Board of Directors is informed that there is a violation, it will
notify the said owner of the lot(s) or tract(s) of the violation in a written communication
which must concisely state the problem and the lot, block, and division numbers,
and what precise covenant(s) and/or restriction(s) Ware) being violated.
- The lot or tract owner will have thirty (30) days from the date of the
notice in which to correct the situation. If the owner does not respond within forty-five (45)
days of the date notice is sent, the Board of Directors will proceed with
enforcement in accordance with this Declaration of Covenants and Restrictions and/or the By-laws.
- In the event a lot or tract owner appeals the decision of the Board of
Directors, he/she may go to Arbitration as described in the By-laws.
19. RELAXATION or DEPARTURE
- All pre-existing relaxation's and departures* of structures, residences,
and set-backs, governed by these Covenants and Restrictions, will not be pursued
for correction by the RPCC Board of Directors if established prior to January 1.
- There are no variances* allowed in this Covenants and Restrictions
20. TERM of COVENANTS and RESTRICTIONS
These covenants and restrictions shall run with the land and shall be
binding upon and inure to the benefit of each lot or tract which is subject to
this Declaration and shall pass with the said property and shall apply to and
bind the successors in interest, and any future owners of any lot or tract.
These covenants and restrictions shall be binding until January 1,
2022 at which time they shall automatically be extended for successive periods
of ten (10) years provided that these Covenants and Restrictions may be changed
in whole or in part by Rocky Point Community Club at the end of each ten (10)
year term upon the vote of 75% of the members of said corporation who are
present at the meeting of said corporation which meeting is called for that
purpose. The corporation shall record any amendments so effected with the
Auditor of Island County.
21. AVAILABILITY of COPIES
A copy of the Declaration of Covenants and Restrictions and By-laws of
Rocky Point Community Club shall be made available at cost to any
subsequent purchaser of any lot or tract.
22. SAVINGS CLAUSE
In the event that any one or more of the covenants or restrictions or
exemptions contained herein should be invalidated by a court of competent
jurisdiction, said invalidation shall in no manner affect any of the other
provisions hereof, all of which shall remain in full force and effect. These
Covenants Restrictions will prevail in all cases of conflict.
23. AMENDMENTS of PRIOR COVENANTS and RESTRICTIONS
This declaration amends and replaces the covenants and restrictions set forth
in those certain instruments recorded under the following file numbers of the
Island County Auditor:
145847, 145528, 145529, 179934, 180889, 181757, 182299, 185138, 186140, 186642,
196581, 196703, 391819, 393977, 394203, 92000080, and
24. ADOPTION by PROPERTY OWNERS
This amendment and extension of the Declaration of Covenants and
Restrictions has been adopted on December 1. 2001
by at least 75% of the members of said corporation who are present at the
meeting of said corporation which is the subject
of this declaration and is being executed by the President, Vice President
Treasurer, Secretary, and the other directors on
the Board of Rocky Point Community Club, a non-profit corporation.
This instrument is being recorded and being assigned a now auditor's file
number in order that the proper percentage of the owners of the lots or tracts
which are the subject of this declaration may sign an instrument, properly
acknowledged, whereby those property owners approve and confirm this
See Appendix A for definitions
See Appendix B for diagrams
IN WITNESS whereof, ROCKY POINT COMMUNITY CLUB HAS CAUSED
THIS INSTRUMENT TO BE SIGNED on THIS __________ DAY of_____________,2001.
|Vice President|| ||Secretary|
I certify that I know or have satisfactory evidence
that_____________and_____________and____________are the persons who appeared
before me, and acknowledged that they signed this instrument and on oath stated
that they were authorized to execute the instrument as the President, Vice
President, Treasurer, and Secretary of Rocky Point Community Club to be the free
and voluntary act of said corporation for the uses and purposes mentioned in the
instrument and that the seal affixed is the corporate seal of said corporation.
_______________County ________Notary Public for Washington State
As used in RPCC documents and Island County information
1. These definitions refer to the construction type, not how
many nor positions of the family who live together:
- "Single- family" residence: A building designed or used for residential
purposes by not more than one (1) family & containing one (1) dwelling
Note: *Family: An individual, two (2) or more persons related by blood,
marriage, adoption or similar legal relationship,
or: a group of not more than six (6) persons who need not be so related,
plus: domestic staff employed for services on the premises, living together
as a single housekeeping unit in one (1) dwelling unit
- 1)"Mother-in-law" apartment is described under term of "Accessory
living" quarters or building 2)"Guest Cottages" may
be established on lots 1 acre or greater in size ( & other county regs)
- "Duplex": A dwelling unit designed exclusively for occupancy by two (2)
families living independently of each other, doing their own cooking, and containing two
Such units have a common roof or the dwelling units are joined by a common
- any building, or portion thereof which contains living facilities
for not than one family.
- Living facilities include provisions for sleeping, cooking, and sanitation
as required by Island County.
- Recreational vehicles are NOT dwelling units.
- "Accessory building: A structure or building customarily considered to
be incidental or secondary to a permitted building on the property under same ownership.
- "Accessory Living Quarters": may be established as a permitted use in
Rural & Rural Residential & subject to the
- No more than I accessory living quarters may be permitted per single-family dwelling
- No home occupation or home industry permitted for those ALQ residents
- ALQ shall be no greater that 800 square feet
- ALQ may be created through:
- Internal conversion within an existing single-family dwelling
- The addition of new square footage to the existing single-family
- Inclusion in the development plans for the construction of a new single-
- ALQ shall be located within an owner occupied primary residence
- ALQ are subject to applicable Health Dept standards for water & sewage
2. These definitions of dwellings describe the type that are NOT
constructed "stick-by stick" on site:
- Manufactured home: A single-family dwelling unit built according to Dept. of
Housing & Urban Development Manufacture Home Construction & Safety
Standards Act, which is a national, preemptive building code. A manufactured
- Includes plumbing, heating, air-conditioning, & electrical systems;
- Is built on a permanent chassis;
- Can be transported in one or more sections with each section at least 8'
wide & 40' long when transported; or
- When installed on the site is 320 square' or greater
- "Mobile-home":A factory-built dwelling unit built prior to 1976-not been
build since HUD Code in effect-"mobile" home is
now referenced as manufactured home.
- "Modular-dwelling": A factory-built dwelling unit built beginning 1976
which is manufactured in sections; delivered on a
chassis; and assembled on site.
- "Pre-fabricated" dwelling: Same as above in B. or C.
3. The definitions are in the context of the RPCC Covenants and
- "Amendment": a revision or change proposed or made in a regulation/law
- "By-law": laws of local application adopted by an organization or an
- "Commencement date": the date (day, month, year) that the building
materials are placed on the lot for construction
and which must be recorded with Secretary by owner
- "Covenants": a binding & solemn agreement made by two or more
individuals, parties, etc. to do or keep from doing specified things
- "Exempt": Free from a rule which binds others - excused
- "Grandfathered": Having been brought in from the beginning before document
- "Grievance-clause": legal statement in reference to a circumstance or
condition thought to be unjust and ground for complaint for this against a
wrong, real or imagined
- "Hedge": a row of closely planted trees, shrubs, bushes or vegetation
forming a boundary or fence or barrier on a property line
- "Height determination": Trees, bushes, natural vegetation, and hedge height
shall be measured from the highest natural grade within the drip zone of the
item being measured.
- "Improved": to have made land more valuable, to increase in value
- "Lot' or "tract": a fractional part of divided lands having fixed boundaries
and being of sufficient area and dimension to meet minimum zoning requirements
for width and area.
- "Quorum": the minimum number of members required to be present at an
assembly before it can validly proceed to transact business
- "RAID": an acronym for Rural Area Intense Density in Camano Island
- "Recreational vehicle": temporary dwelling-unit set on the ground, on wheels
or on a wheeledtrailer, meant to be used for a short duration and not as
permanent living area.
- "Relocated": is any building moved from another lot or site outside of the
Rocky Point Community Club geographical area
- "Restriction": limitations
- "Unimproved": not bettered as by planting, building, etc.; not turned to
- "Vacant": unused, unoccupied
- "Variance": a discrepancy, a change, a divergence