Three legal documents dictate the use of the streets in Riverpark Estates. The relevant sections of each of these are included below. 

Auburn City Ordinance 3638 was enacted in 1981 and relates to the DM Young Construction CO., INC land use permit for the Riverpark Estates development. Sections 3-7 relate to use of the streets within this development. 

Section 3: That no recreation vehicles, including travel trailers, boats, boat trailers and motor homes will be permitted to park on the street or in any uncovered space upon any lot. All such vehicles must be stored either in garages or carports and must be totally covered with no portion of the vehicle protruding.

Section 4: On-street parking shall be allowed on one side of the private streets only. The other side shall be designated and signed as fire lane with on-street parking prohibited.

Section 5: The cul-de-sacs shall be constructed with a roadway radius of 32.5 feet. There shall be no on-street parking within the cul-de-sac turn around area.

Section 6: Consideration shall also be given to any requirements of the Public Works and Fire Departments.

Section 7: Sections 2 through 5 shall be included in the restrictive covenants of the homeowners association and shall have the authority to enforce these restrictions. In the event that they are not enforced, the association shall grant the authority to enforce them to the City of Auburn. These covenants shall be subject to the approval of the City Attorney.

 

The Declaration of Covenants, Conditions and Restrictions for Riverpark Estates filed on October 15, 1982, states the following in relation to the streets:

Article I; Section 4: “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of conveyance of the first Lot is described as follows: All right-of-ways within the plat of Riverpark Estates as depicted on the recorded plat.

Article II: Section 1. Owners’ Easements of Enjoyment. Every owner shall have a right and easement for the use of all streets, designated Common Area, which shall be appurtenant to and shall pass with title to every Lot, …

Article V; Section 4. Storage of Vehicles. No recreational vehicle, including but not limited to, travel trailers, boats, boat trailers and motor homes shall be permitted to park on the street or in any uncovered space upon a lot. All such vehicles shall be stored either in garages or carports and shall be totally covered, with no portion protruding. The length of the vehicle or device shall not exceed (20) feet and in the case of a trailered boat, the total length of the combination shall not exceed twenty (20) feet. The Association shall have the authority to enforce these restrictions and to levy fines for violations as it deems appropriate. Such fines shall not exceed twenty-five dollars ($25.00) per occurrence.

Article IX; Section 1. Enforcement. The Association, or any owner, shall have the right to enforce, by any preceding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

 

The By-Laws of Riverpark Estates Homeowner’s Association filed on October 15, 1982, states the following in relation to the common area and the Board of Director’s responsibilities.

Article II. Section 3. “Common Area” shall mean all real property owned by the association for the common use and enjoyment of the owners.

Article VIII; Section 1. Powers. The Board of Directors shall have power to:

(a) adopt and publish rules and regulations governing the use of the Common Area and facilities, and personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;

Article VIII; Section 2. Duties, It shall be the duty of the Board of Directors to:

(g) cause the Common Area to be maintained.

 

In accordance with the Riverpark Estates Board of Directors authority and responsibility to manage the common area and its use, a parking policy has been developed. The Board of Directors has established and defined a parking policy for the following reasons:

The on-street parking policy governing the Riverpark Estates Homeowner’s Association shall be as follows: