ARTICLE OF INCORPORATION
RHODODENDRON PARK MAINTENANCE CO.
KNOW ALL MEN BY THESE PRESENTS that we,
BENJAMIN M. CLIFFORD, NATHAN S. CLIFFORD, FRED SWARTOUT, NANCY J. CURTIS, and J.E. SWANSON JR.;
residing in the State of Washington and being citizens of the United States, each being over the age of twenty-one years and being desirous of forming a corporation under Title 24, Revised Code of Washington relating to nonprofit corporations, do hereby associate ourselves together for the purpose of forming a non-profit corporation and do make, subscribe, execute, and adopt in triplicate the following Articles of Incorporation and certify as follows:
ARTICLE I
The name of the corporation shall be:
RHODODENDRON PARK MAINTENANCE COMPANY.
ARTICLE II
The purposes for which this corporation is formed are:
- To purchase or otherwise acquire, construct, improve, develop, repair, maintain, operate, care for and/or dispose of parkways, playgrounds, open spaces and recreational areas, tennis courts, beaches, boat landings, floats, piers, clubhouses, and in general community facilities appropriate for the use and benefits of its members, and/or for the improvement and development of the property hereinafter referred to
- To build, improve and maintain roadways, culverts, bridges, and drainage areas, and to provide for the improving, cleaning and sprinkling of streets, and for the collection and disposal of the street sweepings, garbage, ashes, rubbish and the like to prevent and suppress fires, to provide police protection, and to make and collect charges to cover the costs and expenses therefor.
- To improve, light and/or maintain streets, roads, alleys, courts walks, gateways, fences, and ornamental features now existing or hereafter to be erected or created and shelters, comfort stations, and/or buildings and improvements ordinarily appurtenant to any of the foregoing; to improve, plant and maintain grass plots and other areas, trees and plantings within the lines of the streets immediately adjoining or within the property hereinafter described or referred to.
- To care for any lots and plats in said property; to kill, destroy and/or remove from any said lots and plots, grass, weed, rodents, predatory animals and any unsightly or obnoxious thing; and to make any action with reference to such lots and plots as may be necessary or desirable in the opinion of the board of trustees of said corporation to keep the property clean and in good order, to make and collect charges therefor.
- So far as it can legally do so, to grant franchises, right-of-ways and easements for public utilities or other purposes upon, over, and/or under any said property.
- To acquire by gifts, purchase,lease, or otherwise, and to own, hold, enjoy, operate, maintain, and to convey, sell, lease, transfer, mortgage and otherwise encumber, dedicate for public use and/or otherwise dispose of, real and/or personal property wherever situate.
- To keep records of building permits an/or other approvals or disapprovals made or issued by said corporation; to keep books and records showing all charges, levies and as assessments made; to furnish certified copies of any records which the board of trustees may authorize to be furnished; to lease certificates of completion and compliance covering respective parcels of property upon which buildings, structures, and/or other improvements have been erected or made, all as provided in the restrictions, conditions, and covenants affecting said property of portions thereof; and to make and collect charges covering the cost and expenses of such acts.
- To take title to and build, improve, and maintain bridle trails within or outside of the property generally covered as the area of operation of the Rhododendron Park Maintenance Company; to negotiate the use or lease of such bridle trails by such persons, groups, or businesses as the trustees deem advisable.
- To enforce liens, charges, restrictions, conditions and covenants existing upon and/or created for the benefit of parcels or real property over which said corporation has jurisdiction and to which said parcels may be subject to the extent that said corporation has the legal right to enforce the same, and to pay all expenses incidental thereto.
- To pay the taxes and assessments which may be levied by any public authority upon any of the said property now or hereafter used or set apart for parks, parkways, playgrounds, open areas, tennis courts, beaches, boat landings, community . clubhouses, community club buildings, places of amusements levied by any public authority upon any property which may be held in trust for said corporation.
- To exercise such powers of control interpretation, construction consent, decision, determination, modification, amendment, cancellation, annulment and/or enforcement of covenants, reservations, restrictions, liens, and charges imposed upon said property and as may be vested in, delegated to, or assigned to said corporation and such duties with respect thereto as may be assigned to and assumed by said corporation.
- To approve and/or disapprove as provided by restrictions, conditions, and covenants affecting said property plans and specifications for and/or location on fences, walls, poles, buildings, and/or structures to be erected or maintained upon said property or any portion thereof; to approve or disapprove the kind, shape, height, and materials for same and/or the plan indicating the location thereof or respective building sites and such grading plans as may be required and to issue permits for the same; to pay any and all expenses charged in connection with the performance of any said powers or the carrying out of any of said purposes; to supervise construction of any buildings or structures to the extent deemed necessary by the board of trustees, and to establish rules therefor.
- To regulate an/or prohibit the erection, posting, pasting, or displaying upon any said property billboards and/or signs of all kinds and character and to remove and/or destroy without the authority of said corporation as provided in such restrictions, conditions, and covenants as may affect said property or any portion thereof.
- To fix, establish, levy, and collect annually such charges and/or assessments as may be necessary in the judgment of the board of trustees to carry out any or all of the purposes for which this corporation is formed, but not in excess of the maximum from time fixed by the Bylaws.
- To expend the moneys collected to said corporation from assessments and charges and other sums received for the payment and discharge of costs, expenses, and obligations incurred by said corporation in carrying out any or all of the purposes for which said corporation is formed.
- Generally to do any and all lawful things which may be advisable, proper, authorized, an/or permitted to be done by said corporation under or by virtue of any restrictions, conditions, and/or covenants or laws affecting said property or any portion thereof, including areas now or hereafter dedicated to public use; and to do and perform any and all acts which may be either necessary for or incidental to the exercise of any of the foregoing powers or for the peace, health, comfort, safety and/or general welfare of owners of said property or portions. thereof or residents thereon.
- To borrow money and mortgage, pledge or hypothecate any or all of the real or personal property of said corporation as security for money borrowed or debts incurred; and to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefits of its members on the property of its members, and that without profit to said corporation.
- Generally to do and perform any and all acts which may be either necessary or proper for or incidental to the exercise of any of the foregoing powers and such powers granted by the provisions of Title 24, Revised Code of Washington and other laws of the State of Washington relating to non-profit corporations.
- Nothing contained in these Articles of Incorporation shall be construed as authorizing or permitting said corporation to own, manage, or operate any real or personal property for profit. It is the intention and purpose that the business of said corporation shall not be carried on for profit either to itself or for the benefit of its members, and whenever it is authorized to collect charges or assessments it shall have no power or authority to use said charges or assessments except as necessary to cover the actual cost or expense of the act, duty, power, or transaction performed.
- To have one or more offices at such place or places, either within or without the State of Washington as the board of trustees may from time to time determine or the business of the corporation require.
All of the foregoing purposes and powers are to be exercised and carried into effect for the purpose of doing, serving, and applying the things above set forth for the benefit of all property, including but without in any way limiting the foregoing: any portion or portion of certain real property known as Plat of Rhododendron Park situated in Pierce County, Washington, which is or shall become, so subject to the jurisdiction of said corporation.
ARTICLE III
This corporation shall at all times hereafter be a joint and mutual association of the above named incorporators, and such persons as may hereafter be admitted to membership in accordance with the Bylaws of the corporation. Membership and certificates evidencing the same shall be inseparable appurtenant to tracts owned by members, and upon transfer of ownership or contract for sale of any such tract, membership and certificate of membership shall ipso facto be deemed to be transferred to the grantee or contract purchaser. No membership or certificate of membership may be transferred, assigned, or conveyed in any manner other than in the manner herein set forth. In the event of the death of a member, the membership or certificate of membership of such deceased member shall be and become the property of the personal representative of such deceased member upon appointment and qualification as such in a judicial proceeding, and such personal representatives shall have all of the rights, privileges, and liabilities of such member until title shall be transferred or contracted to be transferred. The property in possession of this corporation shall be managed by the board of trustees hereinafter mentioned and only alienated and disposed of in accordance with the Bylaws of the corporation. The interest of each incorporator or member shall be equal to that of any other, and no incorporator or member can acquire any interest which will entitle him to any greater voice, vote, authority, or interest in the corporation than any other member.
ARTICLE IV
The number of trustees of this corporation shall not be less than three (3) nor more than nine (9). The names of the trustees who shall manage the affairs of the corporation for not less than two (2) months nor more than six (6) months until the trustees are elected by the members are:
NAME and RESIDENCE:
Benjamin M. Clifford 3330 Lakewood South, Seattle, Washington
Fred I. Swarthout Rt., Box 743 Sumner, Washington
Nathan S. Clifford Box 275,Sumner, Washington
Nancy J. Curtis 4316 North East 75th, Seattle, Washington
J.E. Swanson, Jr. 6669 North East Windermere Road, Seattle, Washington
ARTICLE V
The time of existence of this corporation shall be perpetual.
ARTICLE VII
The qualification of the members of said corporation, the property, voting, and other rights and privileges and the liabilities to charge and assessments of the members shall be as set forth in the Bylaws of the corporation.
IN WITNESS WHEREOF, we, the undersigned, the incorporators of this corporation, have this 16th day of May, 1966, hereunto set our hands and seals, in triplicate.
Fred I Swarthout
J.E. Swanson, Jr.
Nathan S. Clifford
Nancy J. Curtis
State of Washington, County of King
THIS IS TO CERTIFY, that on the 19th day of May, 1966, before me, the undersigned, a NOTARY PUBLIC in and for the State of Washington, duly commissioned and sworn, personally appeared BENJAMIN M. CLIFFORD, NATHAN S. CLIFFORD, FRED I. SWARTHOUT, NANCY. CURTIS, AND J.E. SWANSON, JR., to be the individuals described in and who executed the within and foregoing instrument and acknowledged to me that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year in this certificated first above written:
VELTA M. STROMBERG
NOTARY PUBLIC in and for the State of Washington, residing at Seattle.