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EAGLE POINT AT AMERICAN LAKE
RESTATEMENT OF DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS
This restatement, effective this 31st day of August 2011, brings up-to-date that certain Declaration of Protective Covenants, Easements, Conditions and Restrictions described as follows:
Date of Original Declaration:
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September 3, 1999 |
Date of Original Recording:
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September 3, 1999 |
Name of Plat:
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Eagle Point at American Lake |
Recording No.:
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9909030296 |
Real Property Affected:
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All of the Plat of Eagle Point at American Lake, recorded September 3, 1999 under Pierce County Auditor's File No. 9909035002, in Lakewood, Pierce County, Washington. |
| Tax Parcel No. |
400180-001-0 through 400180-060-0 |
BACKGROUND
- American Lake LLC, as owner of the real property which is described in Exhibit "A". created a development plan for a residential subdivision on that property as is documented in Exhibit "B" (Site Plan - Eagle Point on American Lake). The site plan defines residential lots plus tracts of land that are held in common for the benefit of all of the lot owners. The American Lake LLC desired to preserve and enhance the property values, amenities, and opportunities in Eagle Point on American Lake and to provide for the health, safety, and welfare of the residents. To this end, the Declarant subjected the property of Eagle Point on American Lake to covenants, restrictions, easements, charges, and liens set forth in a Declaration of Covenants, Conditions & Restrictions, dated September 3, 1999.
- Kevin M. Byrne and Mary Byrne purchased numerous lots in the Plat of Eagle Point at American Lake and other property in the Plat, including the Common Areas, at a Trustee's sale arising from the default of American Lake LLC in payment of a loan obligation to Byrne and thereby became Manager of the Plat. Byrne made improvements to the Plat, sold all of the Lots and conveyed title of all Common Area Tracts to the Association by October 2008, thereby terminating all American Lake LLC interest in and control of activities associated with the property in the Plat and establishing the completion of the Development Plan.
- Eagle Point at American Lake Home Owners' Association (EPAL-HOA), a Washington non-profit corporation, has been incorporated to provide a mechanism for meeting and carrying out the purposes of this Declaration.
- The Association has the authority and responsibility to be the Declarant herein. Thereby, the authority and responsibility for the administration and management of owning, maintaining, and administering the Common Areas, administering and enforcing the covenants and restrictions, collecting and disbursing the assessments and charges created in this Restatement, and promoting the recreation, health, safety, and welfare of the residents now rests with EPAL-HOA.
DECLARATION
Declarant hereby declares that the property described in Exhibit "A" is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens set forth in this Declaration.
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