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HomeMy WebLinkAboutLUA96-032 April 1. 1996 Renton City Council Minutes Page 127 Engineering Services, Inc. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Utility: Emergency Sewer Utilities Committee Chair Corman presented a report regarding the request Hook-up, Jones, UC-96- from Doug and Susan Jones to connect to the City's sewer system. The Jones' house is located at 13725 SE 116th St., which is outside Renton's city limits. After reviewing the proponent's request, the Committee found the following: 1. Based on the memo received from the Seattle-King County Department of Public Health, a failing septic tank and drain field exist at the proponent's house; 2. Consistent with City policy, sewer connections may be granted outside the city limits if a failing septic tank and drain field exist; and 3. As a condition of allowing this sewer connection, the proponent must agree to the following conditions: a) The Joneses sign and have executed covenants agreeing not to protest annexation for their parcel; b) The Joneses make connection to the City's sewer consistent with City codes, standards, and policies; c) The Joneses obtain and pay for all required permits, including but not limited to a City side sewer permit and a King County right-of-way permit; and d) The Joneses acknowledge that, as non-Renton residents, they are required to pay the utility rate set by the City Council for non- residents (currently one and one-half the standard rate). MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3179 A resolution was read approving the La Mesa final plat, 12 lots on 2.36 acres Plat: La Mesa, Final, NE located in the vicinity of NE 28th St. and Aberdeen Ave. NE. MOVED BY 28th St/Aberdeen Ave SCHLITZER, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT NE, FP-96-032 THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3180 A resolution was read in support of early implementation of the King County Metro: Six-Year Transit Six-Year Transit Development Plan for 1996-2001 beginning in September, Plan/Renton Early 1996 for the Renton area. MOVED BY SCHLITZER, SECONDED BY Implementation Project - KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 4/08/96 for second and final reading: Legal: Adult An ordinance and summary ordinance were read amending Chapter 12, Adult Entertainment Businesses, Entertainment Standards, of Title V (Finance and Business Regulations) of Standards of Conduct City Code by adopting findings of fact and standards of conduct for adult entertainment businesses. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL REFER THE ORDINANCE AND SUMMARY ORDINANCE FOR SECOND AND FINAL READING ON 4/08/96. CARRIED. April 1. 1996 Renton City Council Minutes Page 123 worried that, should the current plan be approved, more buses would be added to Burnett Ave. in the future, and he also opposed putting buses on Williams and Wells. CONSENT AGENDA Items on the consent agenda are accepted by one motion which follows the listing. At Council request, item 5.b. was removed for separate consideration. Appeal: Scott Glen City Clerk submitted appeal of Hearing Examiner's decision approving the Preliminary Plat, 901 Scott Glen Preliminary Plat, 12 single family lots on 1.97 acres in the vicinity Hoquiam Ave NE, PP-95- of 901 Hoquiam Ave. NE; appeal filed on March 14, 1996, by Marilyn 152 Kamcheff, 11641 - 141st Ave. SE, Renton, 98059. Refer to Planning & Development Committee. Plat: La Mesa, Final, NE Development Services Division recommended approval of the La Mesa Final 28th St/Aberdeen Ave Plat, 12 single family lots on 2.36 acres located in the vicinity of NE 28th St. NE, FP-96-032 and Aberdeen Ave. NE, File No. FP-96-032. Council concur. (See page 127 for resolution.) MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEM 5.b. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Community Services Department requested adoption of a resolution Parks: Black River Forest authorizing the application to King County for a Conservation Futures Levy Tract A Acquisition, King grant to acquire Tract A of the Black River Forest property; and, if approved, County and City Funding to reallocate excess funds from other City of Renton open space projects to the Tract A project. MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL REFER THIS ITEM TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. CORRESPONDENCE Correspondence was read from Mary Kay Major, 13033 - 80th Ave. S, Seattle, Citizen Comment: Major - 98178, requesting to be connected to the City's sewer system as her septic Sewer Hook-up Request system has failed. MOVED BY CORMAN, SECONDED BY SCHLITZER, COUNCIL REFER THIS ITEM TO THE UTILITIES COMMITTEE. CARRIED. Citizen Comment: Paglia - Correspondence was read from Rose Paglia, 117 S. Tobin St., Renton, 98055, Downtown Transit regarding the downtown transit hub and transit routing, urging Council not to Hub/Transit Routing use any residential streets to connect Grady Way and the downtown area for transit purposes. Citizen Comment Deal - Correspondence was read from James Robert Deal, 8318 196th St. SW, Regional Transit Edmonds, 98026, regarding transit issues related to the plan drafted by the Authority & Transit Issues Regional Transit Authority (RTA). Citizen Comment: Galt - Correspondence was read from Cheryl Galt, 510 Burnett Ave. S., Renton, Downtown Transit 98055, expressing satisfaction with option four of the proposed transit plan for Hub/Transit Changes Renton, and stating that the City needs the commuters that the express Seattle route and the downtown transit hub would bring. Citizen Comment: Correspondence was read from Steve Saunders, 510 Burnett Ave. S., Renton, Saunders - Downtown 98055, echoing Ms. Galt's comments on the proposed transit routing and Transit Hub/Transit downtown transit hub. Changes CITY OF RENTON COUNCIL AGENDA BILL AI#: s. C,• Submitting Data: Planning/Building/Public Works For Agenda of: April 1, 1996 Dept./Div/Board.. Development Services Division Staff Contact Arneta Henninger x6198 Agenda Status Consent. X Subject: Public Hearing... LA MESA FINAL PLAT Correspondence.. File No. LUA 96-032 Ordinance 2.36 acres located in the vicinity of NE 28 St and Aberdeen Av NE Resolution X Old Business Exhibits: New Business 1. Resolution and legal description Study Sessions 2. Staff report and recommendation Information. Recommended Action: Approvals: Legal Dept. X 11 Council concur with staff recommendation and adopt the resolution. Finance Dept. Other i FscalImpact: N/A Eaipenditure Required... Transfer/Amendment. Amount Budgeted. Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The recommendation for approval of the referenced final plat is submitted for Council action. This plat divides 2.36 acres into 12 single family lots. Design and construction of the utilities and street improvements to serve II the lots have been approved and accepted. All conditions placed on the preliminary plat by City Council have been met. STAFF RECOMMENDATION: Approve the La Mesa Final Plat,LUA 96-032, and adopt resolution. RECORD LEGAL DESCRIPTION: TRACT 53, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1 , ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7210200372. SITUATE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. , IN COUNTY OF KING, STATE OF WASHINGTON. ' ar w I, i AKP (NYE ‘Vit 9C? . a 4 441111 .r 45 L:::7 r 4 0 . . _ __________..----" i •O'' 5*41 a sr .• �� a a El % ''�i' SF E=1 ec ,Ny Tog SMEIEF: 1. ) idt • F . LZ ' 57 II ., °moo r I ::... SF-------,_____-___, VICINITY . MAP SCALE : I = 200' DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING/PUBLIC WORKS CITY OF RENTON STAFF REPORT AND RECOMMENDATIONS APPLICANT: Michael A.Lorenz LA MESA Final Plat FILE NO.: LUA 96-032 LOCATION: NE 28th P1 and Aberdeen Av NE in Section 32, Twp.24 N.Rng. 5 E. SUMMARY OF REQUEST: Final Plat for 12 single family lots with utilities, streets and lighting on a 2.36 acre parcel. RECOMMENDATION: Approve FINDINGS, CONCLUSIONS &RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. The applicant,Michael A.Lorenz,filed a request for approval of a 12 lot Final Plat. 2. The yellow file containing all staff reports,the State Environmental Policy Act(SEPA) documentation, and other pertinent materials was entered into the record as Exhibit No. 1. 3. The Environmental Review Committee(ERC),the City's responsible official,issued a Determination of Non-Significance-Mitigated on December 6, 1994 for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located on the west side of Aberdeen Av NE and the north side of NE 28th St. The north boundary of the site is formed by the steep slopes above the old Pacific Coast Railroad right-of-way. Kennewick P1 NE is located west of the site all in Section 32,Twp.24 N.Rng. 5 E. 6. The subject site was annexed into the City of Renton with the adoption of Ordinance No. 1835 enacted in June 1960. The preliminary plat was approved on February 20, 1995. 7. The site is zoned Residential, 8 dwelling units per acre(R-8). It received this classification with the adoption of Ordinance 4404,enacted in June, 1993. 8. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. LA MESA FINAL PLAT 1 9. The subject site is approximately 2.36 acres. The site is a trapezoidal shaped parcel. The north boundary is defined by a ravine that has a slight arc down to the southeast. The parcel is 379.54 feet in distance as measured along the south property line. The west property line is 305.13 feet long. The east property line is 222.90 feet long. 10. Variances were granted with the approval of the Preliminary Plat to permit the reduction of right-of-way widths for three constituent roads: the Aberdeen leg at the southeast corner of the plat,the roadway and cul-de-sac comprising NE 28th Pl. A variance was also granted with the approval of the Preliminary Plat to allow a pipestem on Lot 7. 11. A waiver of the off-site improvements on NE 28th St was granted with the approval of the Preliminary Plat. 12. The Preliminary Plat was subject to a number of conditions as a result of both environmental review and plat review. The applicant has complied with the conditions imposed by the ERC: 1) The building setbacks have been established and are shown on the plat. 2) The Park Mitigation Fees were paid on March 13, 1996. 3) A tree clearing plan was submitted and approved by the City staff. 13. In addition,the applicant has complied with the conditions imposed as a result of Preliminary Plat: 1) Applicant complied with the above noted ERC conditions. 2) The face of the plat mylar contains language that completely prohibits any type of vehicular access to NE 28th St from any portion of the subject site. 3) Bollards were placed at the west end of NE 28th St at a location established by City staff. 4) The Home Owners Association document states that the Home Owners will be responsible for maintaining those portions of the right-of-way abutting the south boundary of the plat. 5) A Home Owners Association was created and approved by City staff. 6) A Native Growth Protection Easement,boundaries and setback requirements are shown on the face of the plat to the satisfaction of City staff, 7) A fence was constructed along the east property line to the satisfaction of City staff. CONCLUSIONS: 1. The Final Plat generally appears to satisfy the conditions imposed by the Preliminary Plat process and therefore should be approved by the City Council. RECOMMENDATION: The City Council should approve the Final Plat. SUBMITTED THIS 19TH day of MARCH, 1996 /7/1/rie& /41a- DEVELOPMENT SERVICES DIVISTON LA MESA FINAL PLAT 2 TRANSMITTED THIS 19TH day of MARCH, 1996 to the parties of record: Dick&Ann Armstrong Mike Bradley Doug&Kay Coleman 1911 NE 29th Court Harper Bond,Inc. 1910 NE 29th Court Renton,WA 98056 1500- 112th Avenue NE Renton,WA 98056 Bellevue,WA 98004 Robert Dickinson . Al Leach Helen Massano 2000 NE 27th Street 2001 NE 28th Street 2725 Aberdeen Avenue N Renton,WA 98056 Renton,WA 98056 Renton,WA 98056 Eleanor Pangburn Mrs. Chester Samples,Jr. Walt Schaefer 2016 NE 28th Street 2732 Aberdeen Avenue NE WA Developer, Inc. Renton,WA 98056 Renton,WA 98056 18000-72nd Avenue So. Suite 206 Kent,WA 98032 William Smith Gary Tischer Tom Touma 2108 NE 28th Street 2009 NE 29th Court Touma Engineers Renton,WA 98056 Renton,WA 98056 15668 W.Valley Highway Seattle,WA 98188 Helen Wong Jennifer Toth Henning Neil Watts 1914 NE 29th Court City of Renton Plan Review Supervisor Renton,WA 98056 200 Mill Avenue South City of Renton Renton,WA 98055 200 Mill Avenue South Renton, WA 98055 TRANSMITTED THIS 19TH day of MARCH, 1996 to the following: Mayor Jesse Tanner Randy Corman, City Council Jay Covington,Mayor's Executive Assistant Bob Edwards, City Council Lawrence J.Warren, City Attorney Toni Nelson, City Council Gregg Zimmerman,P/B/PW Administrator Timothy Schlitzer, City Council Jim Hanson,Development Services Director Daniel Clawson, City Council Mike Kattermann,Technical Services Director King Parker, City Council James Chandler,Building Official Kathy Keolker-Wheeler, City Council Art Larson,Fire Marshal Transportation Systems Division Members,Renton Planning Commission Utilities System Division LA MESA FINAL PLAT 3 . CP; 1(a-03?i it 5•Bill of Sale g WHEN RECORDED RETURN TO: Project File# .Z.Office of the City Clerk Str '` V/¢ 3 Z- z¢- c Renton Municipal Building Grantor(s)name to 200 Mill Avenue South F i V 'I STREET INTERSECTION or ,,A W r� Renton,WA 98055 i Fri- NAME OF PROJECI':64 /11.b p 7 . APR 31996 Nam' . 6(4 pi c' 4be'-I en /9,-/ f/GTE- KIN.,COUNTY 00# S'703 ----"=BILL OF SALE 0 X K KNOW ALL MEN BY THESE PRESENTS: That La Mesa Joint Venture Cl of Washington County of King , State of Washington, the part(y/ies) of the first part, o for and in consideration of the sum of rr° One and no/100 Dollars lawful money of the United States of America, to them in hand paid by the City of Renton • the part(y/ies) of the second part, the receipt whereof is hereby acknowledged, do(es) by co these presents grant, bargain, sell and deliver unto the said part(y/ies)- of the second part, the o following described personal property now located at the Plat of La Mesa . C'D in the City of Renton , County of King and State of Washington, to-wit: C OSee Attached ifi.fTO HAVE AND TO HOLD the same to the said part(y/ies) of the second part, (their/his/her) i heirs, executors, administrators and assigns forever. And said art ies of the firstpart, for g P CY/ ) 0 (their/his/her)heirs, executors, administrators, covenant(s)and agree(s) to and with the said tO part(y/ies) of the second part, (their/his/her) executors, administrators and assigns, that said part(y/ies) of the first part(is/are) the owner(s) of the said property, goods and chattels and has(ve) good right and full authority to sell the same, and that it will warrant and " defend the sale hereby made unto the said part(y/ies) of the second part, (their/his/her) executors dministrator and assigns, against all and every person or persons, whomsoever, lawfully claiming or to claim the same, IN WITNESS WHEREOF, The said part(y/ies) of the first part has(ve) hereunto set(their/his/her) hand and seal this /17‘T day of March, 1 9 9 6. La Mesa Joint enture • ":- STATE OF WASHINGTON ) B a t S aefer ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Walt Schaefer is the person who appeared before me and said person acknowledged that (he, k ) signed this instrument and acknowledged it to be (his/kga} free and voluntary act for the uses and purposes•ment' the instrument. Dated: -.ago/ /. /��b Notary P 1. in and for the State of Washington •-496- 001`f Notary(Print.).---- .ecy4'IZ o eE.., ,-ir....ainncRnD A(nnrn.i.,vnA Mu-nnnnintir't nt ,-it ni re-e•�. ' /16.- deitYEr LA MESA PLAT RENTON,WA EXHIBIT "A" Watermain Improvements 510 lineal feet of 8" Ductile Iron watermain 25 lineal feet of 6" Ductile Iron watermain 2 each 8" Ductile Iron Gate Valves 1 each 6" Ductile Iron Gate Valves 1 Standard Fire Hydrant Assembly EXHIBIT "B" Sanitary Sewer Improvements 480 lineal feet of 8" PVC sanitary sewer main 4 each 48 inch manholes EXHIBIT "C" Storm water System Improvements 958 lineal feet of 12" LCPE storm line 30 lineal feet of 12" CMP storm line 7 each Type I Catch Basins 3 each Type 2 Catch Basins Cat EXHIBIT "D" Street Improvements 690 square yards of road surface Cr) 650 lineal feet of curb and gutter 360 square yards of sidewalk EXHIBIT "E" Street lighting 2 street lights %o 4- CITA ')F RENTON .City Clerk fesse Tanner,Mayor Marilyn J.Petersen April 9, 1996 Michael Lorenz 18000 72nd Avenue South, Suite 206 Kent, WA 98032 - - Re: La Mesa Final Plat; File No. FP-96-032 Dear Mr. Lorenz: At the regular Council meeting of April 1, 1996, the Renton City Council adopted Resolution No. 3179 finalizing the referenced plat. A copy of the resolution is enclosed for your records. If I can provide additional information regarding this application, please feel free to call. Sincerely, Marilyn J. e en City Clerk cc: Arneta Henninger - • • • • • , • 200 Mill Avenue South - Renton,Washington 98055 - (206)235-2501 ®This paper contains 50%recycled material,25%post consumer CITY OF RENTON, WASHINGTON RESOLUTION NO. 3179 1 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING I FINAL PLAT (LA MESA; FILE NO. 96-032) . WHEREAS, a petition for the approval of a final plat for the subdivision of a certain tract of land as hereinafter more particularly described, located within the City of Renton, has heretofore been duly approved by the Planning/Building/Public Works Department; and WHEREAS, after due investigation the Administrator of the I � Planning/Building/Public Works Department has considered and recommended the approval of said final plat, and such approval being deemed proper and advisable and in the public interest; and WHEREAS, the City Council has determined that appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, I alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and 1 1 1 1 1 RESOLUTION NO. 3179 WHEREAS, the City Council has determined that the public use and interest will be served by the platting of such subdivision and dedication; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I. The final plat heretofore submitted and approved by the Planning/Building/Public Works Department pertaining to the following described real estate, to wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth (Property, 2 . 36 acres, is located in the vicinity of N.E. 28th Street and Aberdeen Avenue N.E. ) be, and the same is hereby approved as such plat, subject to the laws and ordinances of the City of Renton, and subject to the findings, conclusions, and decision of the Planning/Building/Public Works Department dated March 19 , 199 6 . PASSED BY THE CITY COUNCIL this 1st day of April 1996 . Marilyn etersen, City Clerk APPROVED BY THE MAYOR this 1st day of April , 1996 . Je i9-k+e-e---7.04-4A—sue."—......- se Tanner, Mayor 2 RESOLUTION NO. 3179 ' I Approved to form: 1 Laver e J. Warre City Attorney RES .503 :3/25/96 :as . I I' i I I �I ' .I 3 RECORD LEGAL DESCRIPTION: TRACT 53, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7210200372. SITUATE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. , IN COUNTY OF KING, STATE OF WASHINGTON. • r- Jul. .. alliLi *Iff : . Virg ics3 . 4 4 aii. I. i. mi.....4 .0 ________________„„v.4 . , 21111111 fi w ."?: • 1 i'• , . f,s • 0 / _40. . $34 0 /( t sF ..! C3 1:=3 .Ai A. Nis 1:71‘smT: -. '' u . MIN cp - r ' •c) 1 o �. sF Su ---- • I V u [ _ . .. 1,11 1____ F I VICINITY MAP SCALE : I = 200' i I , I PP %-o3Z CITY JF RENTON ..u. P Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E.,Administrator March 25, 1996 Michael Lorenz 18000 72nd Avenue South, Suite 206 Kent, WA 98032 Dear Mr. Lorenz: SUBJECT: LA MESA PLAT UTILITY COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS (RSTW 2212) C 950114 REVIEW 1 The purpose of this letter is to identify corrections and revisions needed prior to City acceptance of your application, and closing out your project. Identified Areas of Concern As-Builts: As-built drawings appear to be in order. Please submit the original as-built mylars. Construction Cost Data: Your FAX listing additional quantities has been received. With this information I can complete the required paperwork. Bond: A maintenance bond is required in the amount of 10% of the grand total as shown on the Cost Data Inventory Form. To follow-up our telephone conversations, it is my understanding the final maintenance bond is near completion. The construction permit bond will be released upon receipt and acceptance of the maintenance bond. Final Plat Recording: Enclosed for your information and records are copies of the Property Management and Fire Prevention Review comments. Property Management concerns have been satisfied. 200 Mill Avenue South - Renton, Washington 98055 a) This oaoer contains 50%recycled material,25%post consumer LA MESA C950114 Page 2 of 2 Once Health Dept. signatures have been obtained on the original mylar please bring them to my office for circulation for City staff signatures. If you have any questions, please call me at 277-6198. Thank you for your cooperation. Sincerely, Arneta Henninger Engineering specialist Development Services Division pc: Neil Watts Bob MacOnie Paul Lumbert File KING COUNTY FINANCE DIVISION RECEIVED March 29, 19 96 from W.A. Developers, Inc. Address 18000 72nd Ave. S. #206 City Kent, Wa 98032 the sum of ONE THOUSAND THREE HUNDRED SEVENTY NINE & 72/100*********** Dollars Being equal to the amount of taxes for the year 19.96 rugmg4v, on the following described property: DESCRIPTION AMOUNT TAAXX OF ACCOUNT NUMBER 1996 LEVY RATE 1996 LAND VALUE IMPROVEMENTS SWM SOIL CON 334210-3375-00 14.07158 98,000 N/A None .71 1,379. 72 TO BE PLATTED AS - LA MESA TOTAL ESTIMATE 1,379. 72 The same being a deposit for taxes for the year lg96 against the above described real estate, and held by me under the provisions of RCW 58.08.040. FINANCE MANAGER, KING COUNTY FINANCE DIVISION f:?4&47----��� Deputy y Cashier I . . InterOffice Memo To: Sonja Fesser From: Arneta Henninger �( Date: March 25, 1996 Subject: File#FP 96-032 LA MESA Attached is the most recent copy of the above-referenced REcoVED X final plat _short plat _lot line adjustment �tVt�"�"�V'�=NT PLANNING CITY OF RENTON _binding site plan map for final review If all Property Services concerns have been addressed and you are able to recommend recording of this plat,please initial this memo below and return to me as soon as possible. However, if there are any outstanding concerns or additional information is required to recommend recording,please send a written summary at your earliest convenience. If you have any questions or if there is any information I can help you with I may be reached at x. Property Services Approval • Q .2.8 Name Robert T. Mac Onie, Jr. Date cc: Yellow file JU • "` � 3/28/cra. City kJ...anton Department of Planning/Building/PL.,„cWorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Plo v\ Re,t ew COMMENTS DUE: MARCH 20, 1996 APPLICATION NO: LUA96-032,FP DATE CIRCULATED: MARCH 13, 1996 APPLICANT: LaMesa Joint Venture PROJECT MANAGER: Arneta Henninger PROJECT TITLE: LaMesa Final Plat WORK ORDER NO: 78071 ®FR tv .Iv�- LOCATION: NE 28th Place&Aberdeen Ave NE SITE AREA: 2.36 (kr—ire I BUILDING AREA(gross): 1 3 /996 SUMMARY OF PROPOSAL: Application for 12 lot single family final plat. QUiLLrIr DIVISIO N A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic./Cultural Natural Resources Preservation B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS /21 , We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where)additional info ation"s eeded to properly assess this proposal. Signature of Directo or Authorized Representat/re Date DEVAPP.DOC Rev.10/93 •� CITY , _ ►F RENTON w Planning/Building/Public Works Department 'Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 25, 1996 • Michael Lorenz 18000 72nd Avenue South, Suite 206 Kent, WA 98032 Dear Mr. Lorenz: • SUBJECT: LA MESA PLAT UTILITY COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS (RSTW 2212) C 950114 REVIEW 1 The purpose of this letter is to identify corrections and revisions needed prior to City. acceptance of your application, and closing out your project. Identified Areas of Concern As-Builts: As-built drawings appear to be in order. Please submit the original as-built • mylars. Construction Cost Data: Your FAX listing additional quantities has been received. With this information I can complete the required paperwork. Bond: A maintenance bond is required in the amount of 10% of the grand total as shown on the Cost Data Inventory Form. To follow-up our telephone conversations, it is my understanding the final maintenance bond is near completion. The construction permit bond will be released upon receipt and acceptance of the maintenance bond. Final Plat Recording: Enclosed for your information and records are copies of the Property Management and Fire Prevention Review comments. Property Management concerns have been satisfied. 200 Mill Avenue South- Renton, Washington 98055 . This paper contains 50%recycled material,25%post consumer - LA MESA - C950114 Page 2 of 2 1 Once Health Dept. signatures have been obtained on the original mylar please bring them to my office for circulation for City staff signatures. If you have any questions, please call me at 277-6198. Thank you for your cooperation. Sincerely; • ILIA Arneta Henninger . Engineering specialist Development Services Division - pc: Neil Watts Bob MacOnie Paul Lumbert File , • i it • i ' T i' CITY OF RENTON c.)04 FIRE PREVENTION BUREAU • .F? - MEMORANDUM ,NTo DATE: March 18, 1996 TO: Arneta Henninger, Engineering Specialis FROM: James Gray, Assistant Fire Marshal SUBJECT: La Mesa Final Plat - Northeast 28th reet and Aberbeen Avenue Northeast FIRE COMMENTS: 1 . A fire hydrant with 1,000 gpm fire flow is required within 300 square feet of all new single family structures. If a structure exceeds 3,600 square feet in 'area, the fire flow increases to 1,500 gpm and requires two fire hydrants within 300 feet of the structure. 2. The fire mitigation fee is $488.00 for each new single family structure. This fee is payable at the time the building permit is issued. Please contact this office if you have any questions. JEG:js LaMesa CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 20, 1996 TO: Arneta Henninger ''^n FROM: Sonja J.Fesser 9 .4.." /996 DEI,6. SUBJECT: La Mesa Final Plat,LUA-96-032-FP clry'Or NrptA ; Format and Legal Description Review ToN /NG Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: The City of Renton land record number(LND-10-0299)needs to be noted on all drawing sheets, preferably under the LUA number and in a smaller type size. The King County recording number for the Covenants, Conditions,Restrictions &Easements document needs to be noted on the drawing. The surveyor needs to stamp,sign and date all 3 drawing sheets. � I MEMO.DOT/ • ��, N City oY Renton Department of Planning/Building/Put. :forks ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ft I'll€uerrh COMMENTS DUE: MARCH 20, 1996 APPLICATION NO: LUA96-032,FP DATE CIRCULATED: MARCH 13, 1996 APPLICANT: LaMesa Joint Venture PROJECT MANAGER: Arneta Henninger PROJECT TITLE: LaMesa Final Plat WORK ORDER NO: 78071 PPA,I"F'7'° 17'17r DFPT. LOCATION: NE 28th Place&Aberdeen Ave NE rlrtt 6un.AU SITE AREA: 2.36 a.ores I BUILDING AREA(gross): SUMMARY OF PROPOSAL: Application for 12 lot single family final plat. MAR /8 1933 A. (ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS a �$ Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts impacts Necessary impacts impacts Necessary Earth Housing Air Aesthetics Water L►ghVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation i A)o /y1Q( or t`M,pdc s /(jof..). B. POLICY-RELATED COMMENTS r V� • C. CODE-RELATED COMMENTS n V Q.2 u7(.2CJP.I� L/d 41,11 e j "Ae1 We have reviewrd this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas whereladditiona information is nep.=d to properly assess this proposal. / rl 3 /F Signet, re of u irector or Authorized Re..lsentative Date DEVAP-DOC J Rev.10/93 CITY OF RENTON A FIRE PREVENTION BUREAU ,- �' MEMORANDUM NTN DATE: March 18, 1996 TO: Arneta Henninger, Engineering Specialis FROM: James Gray, Assistant Fire Marshal SUBJECT: La Mesa Final Plat - Northeast 28th reet and Aberbeen Avenue Northeast FIRE COMMENTS: 1 . A fire hydrant with 1,000 gpm fire flow is required within 300 square feet of all new single family structures. If a structure exceeds 3,600 square feet in area, the fire flow increases to 1,500 gpm and requires two fire hydrants within 300 feet of the structure. 2. The fire mitigation fee is $488.00 for each new single family structure. This fee is payable at the time the building permit is issued. Please contact this office if you have any questions. JEG:js LaMesa I ! ' CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: March 20, 1996 TO: Arneta Henninger 911 FROM: Sonja J.FesserJ J� o 2 7996 V FVFL SUBJECT: La Mesa Final Format and Legal tDescription i Review A-96-032-FP CIry�FA l pNNI�G /V Bob Mac Onie and I have reviewed the above referenced final plat submittal and have the following comments: The City of Renton land record number(LND-10-0299)needs to be noted on all drawing sheets, preferably under the LUA number and in a smaller type size. ' The King County recording number for the Covenants, Conditions,Restrictions &Easements document needs to be noted on the drawing. The surveyor needs to stamp, sign and date all 3 drawing sheets. MEMO.DOT/ City or rcenton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: popeltiltce_.p COMMENTS DUE: MARCH 20, 1996 APPLICATION NO: LUA96-032,FP DATE CIRCULATED: MARCH 13, 1996 APPLICANT: LaMesa Joint Venture PROJECT MANAGER: Arneta Henninger PROJECT TITLE: LaMesa Final Plat WORK ORDER NO: 78071 LOCATION: NE 28th Place&Aberdeen Ave NE SITE AREA: 2.36 I BUILDING AREA(gross): I ' SUMMARY OF PROPOSAL: Application for 12 lot single family final plat. A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information Is needed to properly assess this proposal. Signature of Director or Authorized Representative Date DEVAPPJDOC Rev.10193 �%lua .1 CITY IF RENTON .. A :mot Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 13, 1996 • Michael A. Lorenz La Mesa Joint Venture 18000 72nd Ave S, Suite 206 Kent, WA 98032 SUBJECT: La Mesa Final Plat LUA96-032,FP Dear Mr. Lorenz: ,_ The Development Planning Section of the City of Renton has formally accepted the above-referenced application for review. You will be notified if any additional information is required to continue processing your application. Please contact me, at 277-6198, if you have any questions. Sincerely, Ameta Henninger Project Manager • ACCPTLR.DOC 200 Mill Avenue South - Renton, Washington 98055 ®This paper contains 50%recycled material,25%post consumer • ' • •••• • •. .. . . • • -• • .• • . . ..* • • . . • .• • •••..• • •••.•..••••.•••••, ..• ••• . • •• .... ••,•..,• ER, , , --- CITY OF ENTON DEVELOPMENT SERVICES DtVISION • • . •.••••••••• ......• .... ....... ..... ....• .....,..•.... ..• .... ... •. . .•••••.•• •.•••.• • . • • . . .. •..• . • ....••• . . •••• • ...........• .•. • . ........ . • •• •... •". • . - • OWNER(S) .. .. .... PROJECT . 116N.:(Cat't please attach an additional •: • •-• Nole If there is more than one legal owner ..... EXISTING LAND USE(S): notarized Mii.tkr:Ai:iFilipitIon NAME: SF La Mesa Joint Venture ADDRESS: 18000 72nd Ave,.-, S. Suite 206 EXISTING ZONING: CITY: Kent, WA ZIP: 9803.2 SF PROPOSED LAND USE(S): TELEPHONE NUMBER: (206) 251 -0543 SF -• • •CONTACT NAME: Michael A. Lorenz PROPOSED ZONING: SF • ADDRESS: Same as above SITE AREA (SQ. FT. OR-ACREAGE): CITY: • ZIP: 2. 45 Acres • ( 206) PROJECT VALUE: TELEPHONE NUMBER: 251 -0543 or ( 2_06) 719-2017 $588, 133 . • . •• .....• - PROJECT OR DEVELOPMENT NAME: La Mesa IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? PROPERTY/PROJECT ADDRESS(S)/LOCATION: APA.:.,.Zone 2 NW Corner of Aberdeen & 28th St. IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? KING COUNTY ASSESSOR'S ACCOUNT NUN1BER(S): n'ECllk/ED 334210-3375 NO MAR 1 2 1996 IDPVELC rtAc N PLANNING CITY OF RENTON • LEGAL;.DES.CRI;PTIUri ;OF>P OPERT:Y. (Atta:ch se'parate<sF e_et`if';necessary�' • P See Attached • PE:;OF:APP ICATID.1�[ & EES ` :> » ::, • Check all':applcation tj+.pes:,>tfataAP.l.Y;.C ty.: :ta.:..:.>::a3 :.d_ete..rra�.::........................ .................................::.;: ANNEXATION $ SUBDIVISION: _ REZONE $ _ SPECIAL PERMIT $ _ LOT LINE ADJUSTMENT $ _ TEMPORARY PERMIT $ _ SHORT PLAT $ _ CONDITIONAL USE PERMIT $ _TENTATIVE PLAT $ SITE PLAN APPROVAL $ PRELIMINARY PLAT $ GRADE & FILL PERMIT $ FINAL PLAT $ (NO. CU. YDS: VARIANCE $ PLANNED UNIT DEVELOPMENT: $/DO0=a (FROM SECTION: WAIVER $ PRELIMINARY WETLAND PERMIT $ x FINAL ROUTINE VEGETATION MANAGEMENT PERMIT $ MOBILE HOME PARKS: $ BINDING SITE PLAN $ SHORELINE REVIEWS: _TENTATIVE _ PRELIMINARY _ SUBSTANTIAL DEVELOPMENT $ FINAL CONDITIONAL USE $ VARIANCE EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ REVISION $ :::::A.::FI.DAVIT: OF:`l I, (Print Name) Walt Schaefer declare that I am(please check one)_the owner of the property involved in this application, Xthe authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. ATTEST: Subscribed and sworn to before mega Notar,-y,Public, in end Wa�t Schaefer for the State of W/4— residing at (Name of Ovvner/R . ntat''e) ��-e.#'--?. , on the 9 day`of JArvoga � y is ‘ , zA (Signet re of Owner/'ep 1sentative) : (Si of ublic) • (This section to be completed:by City;Staff:) `:::': : .: City File Number; • , ECF:...:SA • R SHPL' :.CU `.LLA: P(?: `FP TP SP RVMP V AAD ;1N:::`F.PUD; SM.::;SME>:;)?MHP FMHP;;>BSf?s<::;q':;: :::. .:. _; :' ::::.:...TOTAL:POSTAGE;PROVIDED �5 ::.: . <'._:: REVISED l/95 RECORD LEGAL DESCRIPTION: TRACT 53, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1 , ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63 , RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7210200372. SITUATE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. , IN COUNTY OF KING, STATE OF WASHINGTON. JOINT VENTURE AGREEMENT THIS AGREEMENT is made and entered into this 31 day of May by and between Jan-Wes Homes, Inc. and WA Developers Iuc_a Washington Corporation . Which are sometimes herein referred to individually as "PARTY" and collectively as "PARTIES". The parties desire to form a joint venture upon the terms and conditions set forth herein. It is agreed: 1) NAME The name of the joint venture shall be " La Mesa Joint Venture , a joint venture" (sometimes herein referred to as the"joint venture".) 2) ADDRESS The principal address of joint venture shall be 18000 72nd Ave. S. Suite 206, Kent, WA 98032 or at such other place designated by the parties. 3) TERM The term of the joint venture shall be 3 years unless sooner terminated as provided herein. 4) PURPOSE: The purpose of the joint venture shall be to acquire & develop 2.22 acres to be platted into 12 lots and called La Mesa legally described as follows: Tract 53, Hillman's Lake Washington Garden of Eden addition to Seattle No. I.according to the plat thereof recorded in volume 11 of plats, page 63, records of King County, Washington; except that ption thereof conveyed to King County by deed recorded under recording number 7210200372. Situated in the County of King, State of Washington. The joint venture shall have no other purpose without the unanimous consent of the parties. It is agreed that the most desirable form of business for conducting the operation is a joint venture. 5) POWERS: Subject to the provisions of the Agreement, the joint venture shall have the following powers: A. To conduct and operate the business of the joint venture. B. To procure and maintain insurance covering the various risks to which the joint venture or its operations may be subject. C. To open bank accounts in the name of the joint venture, designate the authorized signatures therefore, and make deposits and withdrawals from joint venture accounts on the signatures of one or more designated individuals. D. To pay expenses incurred in performing the business and purpose of the joint venture. To borrow money from time to time in such amount and upon such terms as may be agreed upon; and that Walt or John Schaefer either/or_ Alex White are authorized and empowered to execute and deliver in the name of the joint venture its promissory note or notes therefore to the lending institution for all such sums so borrowed upon such terms in respect to time,amount, rate of interest or otherwise as may be agreed upon to discount, assign and transfer, and to execute contracts and instruments of which this joint venture is the owner, or in which it has an interest, this power constituting a continuing authority therefore on behalf of this joint venture in relation to the collection or sale of joint venture real property mortgages, chattel mortgages, bills or sale, conditional sales contracts and other instruments, in writing, which shall be expedient or necessary in the pledging as collateral security for the payment of any or all such notes, endorsements or guaranties, any of the assets of this joint venture, and several powers and authorities hereby given shall continue until formal written notice of revocation have been given to said lending institutions. E. To do all things necessary, incidental,or convenient to the exercise of the foregoing powers to accomplishment of the foregoing purposes. That Walt or John Schaefer either/or Alex White are authorized or empowered in the name of the joint venture to purchase, option, sell, or lease any real or personal property for and on behalf of the joint venture in accordance with Section 9. 6) PERCENTAGE INTERESTS: The parties shall have the Percentage Interest in the joint venture as set forth opposite each party's name below: PARTY PERCENTAGE INTEREST Jan-Wes Homes, Inc. 50% WA Developers,Inc. 50% 7) INITIAL CAPITAL CONTRIBUTIONS: The initial capital contribution shall be as follows: WA Developers, Inc. $770,000 in the form of Lots Jan-Wes Homes, Inc. $1,200,000 in the form of Improvements(homes) These amounts shall be credited towards respective capital accounts(as defined in Section 11.) A. WA Developers. Inc. shall contribute any and all monies necessary for the operation of the business, purchase of project, developing of the lots, and or financing above the initial capital contribution,and funds secured from bank financing to a point where the lots are finished and recorded. At that time Jan-Wes Homes, Inc. will pay WA Developers, Inc. $64,166.67 for each lot according to prior agreement from said $64,166.67 WA Developers, Inc. will pay all loans and or unpaid bill in connection with the lot development. The amounts actually contributed by each party hereunder shall be credited to each parties Capital Account(as defined in Section I I). 8) ALLOCATION OF PROFIT: WA Developers, Inc. shall receive $64,166.67 at the time when the spec loans on the house to be built are funded per lot less 1/2 of the cost that WA Developers, Inc. would have had to pay in closing costs if the lots were sold to a third party. Jan-Wes I tomes, Inc. will get all of the net proceeds when a sale to a third party closes and pay for all loans and bills in connection with building the homes. 9) MANAGEMENT: All management decisions or other matter affecting the joint venture shall be made mutually. _ Jan-Wes Homes, Inc. shall manage the Joint Venture for no fee . 2 • • 10) ACCOUNTING: WA Developers, Inc. shall maintain the books and records of the joint venture, pay all bills promptly,and send monthly reports to each party. Until the plat is complete and recorded, WA Developers, Inc. shall be the tax matters party in the event of an audit by the Internal Revenue Service. The books and records of the joint venture shall be kept and reviewed, and the federal income tax return shall be filed by a licensed accountant. The fiscal year of the joint venture shall be open at all times for inspection by any party after the plat is recorded Jan-Wes Homes, Inc. shall maintain the books& records of the Joint Venture. 11) CAPITAL ACCOUNTS: Each party shall have a Capital Account on the books of the joint venture. A party's Capital Account shall be increased by its capital contributions to the joint venture and its share of net profit of the joint venture and decreased by its share of net losses of the joint venture and cash distributions. 12) TRANSFER PROHIBITION: Without the prior written consent of all parties, no party may directly or indirectly sell, transfer, assign, pledge, or otherwise encumber all or any part of its interest in the joint venture except as provided in Section 13. Any other transfer or encumbrance shall be void. 13) RIGHT TO FIRST REFUSAL: • • A party may sell its entire interest in the joint venture upon compliance with the following conditions: A. In the event a party desires to sell its entire interest in the joint venture and received a written . offer therefore which the Selling Party intends to accept, the Selling Party before accepting such offer,shall first notify the other party and provide him with a copy of the offer. The offer must contain all material terms relating to the purchase and sale (including the name of the transferee),the consideration must be entirely monetary, unless otherwise agreed, and the offer must contain a provision that the transferee agrees to be bound by all of the terms and conditions of this Agreement. B. After receiving a copy of the offer,the other party shall have sixty(60)days within which to elect to purchase the interest of the Selling party upon the terms and conditions set forth in the offer. If the other party does not respond or does not elect to purchase the interest of the Selling Party, then the Selling Party may effect the purchase and sale to the purchaser identified in the offer and upon the terms and conditions set forth in the offer, but not otherwise. C. In the event the other party elects to purchase the interest of the Selling Party, the other party shall close the purchase and sale within the time period set forth in the offer or within sixty (60)days after receipt of the offer,whichever is later. 14) DISSOLUTION AND TERMINATION The joint venture shall be dissolved upon the occurrence of any of the following events: A. Unanimous agreement of the joint venture. B. Sale or disposition of all the joint venture assets. 3 • No party shall have the right to dissolve or terminate the joint venture other than as set forth in Section 12 and 13. Each Party hereby waives any other right he may have. 15) DISTRIBUTION OF CASII UPON TERMINATION: If the joint venture is dissolved pursuant to Section 14, the joint venture affairs shall be wound up as expeditiously as possible, the assets sold,and the joint venture terminated. Any party may be a purchaser of any or all of the assets. After payment of all joint venture liabilities and expenses of sale,the remaining cash shall be distributed as follows: A. First,to Joint Venture Parties,until the balance of its Capital Account is paid in full. B. Second,the balance, if any,to the parties by percentages. 16) ALLOCATIONS OF GAINS AND LOSSES UPON TERMINATION: All profits shall be distributed and losses shall be shared by all parties in accordance with the percentage interest (after cash distributions have been credited to the Capital Accounts as provided in Section 15). All obligations of the Joint Venture shall be paid before profits are distributed, unless Joint Venture elects to make earlier distribution of profits. No salaries shall be paid to the Joint Venture. 17) . COMPENSATION TO THE PARTIES: No party shall receive any compensation from the joint venture. A. Jan-Wes Homes, Inc. shall be the general contractor and manage the project at no fee charged. B. Each party shall be reimbursed for all monies advanced for the project. C. The Joint Venture shall pay for one Superintendent on the job site and all direct cost associated with development. 18) TITLE: Title to the Property shall be held as follows: La Mesa Joint Venture . Parties agrees to indemnify,defend, and save harmless the Joint Venture from and against all judgements, claims and expenses, including without limitations, attorney fees and costs, which arise out of any claim, attachment, or judgements against either party which is unrelated to the ownership or operation of the Property,at the expense.of the party whom has caused the expense. 19) CONFLICTS OF INTEREST Each party understands that the other party may engage in other business activities which may engage in other business activities which may compete directly or indirectly with the Joint Venture. Each party hereby consents to such other business activities and agrees that no party shall acquire any interest therein by virtue of this Joint Venture. 20) INDEMNITY AND CONTRIBUTION • Except as specifically set forth herein, all liabilities of the Joint Venture shall be shared by the parties by Percentage Interest. Except as specifically set forth herein, the Joint Venture and each party, by its respective Percentage Interest, shall indemnity, defend, and hold harmless any party against any Joint Venture liability without authority to do so shall indemnity, defend and hold harmless the Joint Venture and the other party against the entire amount of such liability. 4 • • 21) NOTICES - I Any notice required or permitted under this Agreement shall be delivered to the address set forth opposite each party's name on the signature page hereof. 22) GOVERNING LAW This Agreement shall be governed by the internal laws of the Stale of Washington ,(any venue for any legal action required in enforcing any terms or conditions of this Agreement shall be with King County). 23) AGREEMENT BINDING UPON SUCCESSORS AND ASSIGNS This agreement shall be binding upon the successors and assigns of the parties. • 24) PRONOUNS; MISCELLANEOUS As required by the context, all pronouns shall be deemed to refer to and include masculine, feminine, and neuter. As required by the context, the singular member shall be deemed to refer to and include the plural number and vice versa. The parties expressly waive any right they may have to construe this Agreement against the party which caused it to be draped. 25) PARAGRAPH HEADINGS Paragraph headings have been inserted solely for the convenience of the parties and shall not be considered a part of this Agreement for interpretation or construction. 26) NOT A PARTNERSIIIP This agreement shall not constitute a general partnership, nor shall a party hereto be liable for any activities of the other party not expressly a part of and within the scope of this Joint Venture. IN WITNESS WHEREOF.the parties hereto have affixed their hands and seals. Jan-Wes !tome Inc. CS Date: Y //—1_ 737 I � By: John C. Schaefer, I resident Address: 18000 72nd Ave. S. Suite 206 • Kent, WA 98032 - • I � elopers, Inc. Dale: —I'-9'-• By: Ate White, Vice President 18000 72nd Ave. S. Suite 206 Kent, WA 98032 • 5 • • Corporate: STATE OF WASHINGTON ) )ss. County of King ) On this /ST day of v.�t , A. D. 19--93' , before me, the undersigned,a Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared John C. Schaefer to me known to be the President of Jan-Wes Homes, Inc. the corporation that executed the'foregoing instrment, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate e written. • • Notary Public in and for the State of Washington residing at: • • • Corporate: • STATE OF WASHINGTON ) )ss. County of King ) ST On this � day of (-)(/tit , A. D. 19 s , before me, the undersigned,a Notary Public in and for the State of Washington , duly commissioned and sworn personally appeared Alex White to me known to be the Vice President of WA Developers,Inc. the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,and on oath stated that he was authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certific ov n. Notary Public in and for the State of Washington residing at: XEti7. —_ 6 WA Developers, Inc. 18000 72nd Avenue South, Suite 206 Kent, Washington 98032 Phone: (206) 251-4020 FAX: (206) 251-4021 March 11, 1996 Ameta Henninger Utility Plan Review City of Renton 200 Mill Ave. S. Renton, WA 98055 RE: La Mesa Dear Ms. Henninger: ! Enclosed with this letter are the following exhibits that are required to begin the recording process for the above referenced plat. A. Public Works Approval: I never did receive a formal acceptance letter from either the Inspector or the Department of Public Works, however, I do know that both of them have accepted the plat. B. Master Application: 5 copies. C. Legal Documents: 3 copies of Owners Association, CC &R's. D. Calculations: 3 copies from our Engineer, Len Gantz E. Fees: $1000.00 Check#1417 F. Neighborhood Map: Submitted to you earlier. G. Final Plat Map: 3 Copies of Blue Lines H. Confirmation of Cond.: 3 copies of ERC &Hearing Examiners conditions I. PMT reductions: To be submitted by Engineer J. Title Report: 3 copies from First American Title Please call me at the above number if you have any questions, comments, or concerns. Sincerely, I Michael A. Lorenz RECOVED Executive Assistant Enc. DEVELOP ENT PLANNING CITY OFRENTON c: File Land Acquisition/Consulting • I DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR LA MESA THIS DECLARATION is made on this I S"1"' day of Fe b a jQ Y 19 74 , by the undersigned ("Declarant") who is the owner of certain real property situated in the State of Washington, located in Section 8, Township 23 North, Range 5 East, W.M. City of Renton, in King County, and known as the Plat of La Mesa. DESCRIPTION OF DECLARATION Declarant desires to develop La Mesa as a residential community. Declarant also desires to provide for the maintenance of landscaping, and related items, and also for maintenance of the Storm Water Retention Facility and Bio Filtration swale until such time as the City of Renton adopts an ordinance providing for public maintenance of said facilities. This Declaration establishes a plan for the private ownership of lots and the buildings constructed thereon, for the dedication of certain areas to municipal corporations, and for the beneficial maintenance through a nonprofit corporation of all the remaining land and related easements, hereafter defined and referred to as the "Common Areas". The nonprofit corporation is the LA MESA OWNERS ASSOCIATION ("ASSOCIATION"), to which shall be delegated and assigned the duties and powers of maintaining and administering the Common Areas, administrating and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of La Mesa, as defined herein and described in Exhibit A hereto, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of La Mesa for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in La Mesa or any part thereof, and shall be for the benefit of the Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE I- DEFINITIONS Section 1.1-Architectural Control Committee "Architectural Control Committee" shall mean and refer to the duly appointed Committee of the Association as further described in Section 2.7 and as sometimes referred to herein as the "Committee". MAR 1 2 1996 DEVELOPMt_N"I PLANNING CITY OF RENTON Section 1.2-Association "Association" shall mean and refer to the La Mesa Owners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.3-Association Action "Association Action" (ACE) shall mean and refer to a written corporate action of the Association in the form of either a by-law or resolution duly passed by either the Board or the Owners. Section 1.4-Board "Board" shall mean and refer to the board of directors of the Association. Section 1.5-Building Setback Line "Building Setback Line" shall mean and refer to the various lines designated as "'BSBL" on the face of the final plat, short plat, or other analogous plan or map, beyond which no structures, filling, grading or other obstructions are permitted as set forth in Section 5.2 hereof Section 1.6-Common Areas "Common Areas" shall mean and refer to all easements and Tracts and any improvements thereto that are owned or maintained by the Association, for the benefit of the Lot Owners or the City of Renton, and subjected to this Declaration by an appropriate recording. Section 1.7-Declarant "Declarant" shall mean and refer to La Mesa Joint Venture its successors and assigns. Section 1.8-Declaration "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.9-Development Period "Development Period shall mean and refer to that period of time begimiing on the date of this Declaration and ending whenever any of the following first occurs: (i) 4 years from the date hereof; or (ii) upon receipt of written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. Section 1.10-Governing Documents "Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and the Articles of Incorporation, Bylaws of the Association, rules and regulations, and rules and procedures of the Architectural Control Committee as any of the foregoing may be amended from time to time. 2 I , Section 1.11-Meaning La Mesa shall mean and refer to that certain real property known as "La Mesa" which is indicated herein on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. Section 1.12-Lot "Lot" shall mean and refer to any legal segmented and alienable portion of La Mesa created through subdivision,or any other legal process for dividing land and subjected to this Declaration bran appropriate recording, with the exception of dedicated rights of way.and Tracts designated as Common Areas or reserved for access to a particular Lot or Lots. Section 1.13-Mortgage "Mortgage shall mean and refer to any recorded mortgage or deed of trust encumbering one or ' more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgages. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual ' . savings banks, credit unions, pension .funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency or department of the United States Government or of any state municipal government. Section 1.14-Owner "Owner" shall mean and refer to the recorded owner(whether one or more persons or entities) of a fee. interest in any Lot, including the Declarant and Participating Builders but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Section 1.15-Participating Builder "Participating Builder" shall mean and refer to a person or entity that acquires a portion of La Mesa for the purpose of improving such portion for resale to individual Owners. Section 1.16-Single Family "Single Family shall mean and refer to a single housekeeping unit that includes not more than 2 I adults who are legally unrelated. Section 1.17-Supplementary Declaration "Supplementary Declaration" shall mean and refer to any recorded declaration of covenants, conditions, restrictions and easements which extends the provisions of this Declaration to a Phase. Section 1.18-Tract "Tract" shall mean and refer to any legally and alienable portion of La Mesa created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Lots and dedicated rights of way. 3 I I I - " ARTICLE 2-LA MESA OWNERS ASSOCIATION Section 2.1-Description of Association The Association is a nonprofit corporation organized and existing under the Laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Documents other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. ' Section 2.2-Association Board During the Development Period the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, select a temporary board of not fewer than 3 persons who need not be Owners to manage the Association during the Development Period. The temporary board shall have the lu ll authority to manage the ' Association under the Governing Documents and shall be subject to all provisions of the Governing Documents; provided that, after selecting a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or select a new temporary board. Upon termination of the Development Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect officers of the Association from among the Board members, which shall include a president who shall preside over meetings of the Board and meetings of the Association. Section 2.3-Votes Appurtenant to Lots Every Owner shall be a member of the Association and shall be entitled to cast one vote in the Association for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be,separated ' from ownership of the Lot to which it relates;provided, however, that when more than one entity 'holds the beneficial fee interest in any Lot the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot is further subdivided as provided in Section 5.1 hereof, the Owner of each additional Lot created shall be entitled to one vote in the Association for each Lot owned. Section 2.4-Initial Number of Votes From the commencement of the existence of the Association, there shall be a total of 12 outstanding votes in the Association. During the Development Period, the Declarant shall be entitled to cast 12 votes, less one vote for each Lot then owned by an Owner other than Declarant. 4 • • Section 2.5-Owner's Compliance with Governing Documents By acceptance of a deed to a Lot, (recording of a real estate contract conveying title to a!Lot), or any other means of acquisition of an ownership interest, the Owner thereof covenants and agrees, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents and all rules and regulations duly promulgated pursuant to Association Action. Section 2.6-Rules and Regulations The Board on'behalf of:the Association shall have the power to adopt, modify, and amend rules and regulation:goveming.the use of La Mesa, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall applyunifornly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including to but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after ! promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial rules and regulations which are as follows: Rules&Regulations 1. Interest on late payments shall be 1%of the due payment per month. 2. Compliance with covenants, conditions, &restrictions 3. Monthly assessments shall be$100.00 per month initially with one month paid in advance plus the current month due upon closing. Section 2.7-Architectural Control Committee Within thirty (30) days of the execution of this Declaration, Declarant shall appoint an Architectural Control Committee of three (3) or more persons. The members of the Committee need not be members of the Association. One member of the Committee shall be appointed for a term of one (1) year, one member shall be appointed for a term of two (2) years, and the third member shall be appointed for a term of three (3) years. Thereafter, members of the Committee shall appoint members to the Committee, who need not be members of the Association, as vacancies occur. Section 2.7.1-Jurisdiction and Purpose ' The Committee shall review proposed plans and specifications for construction of all residences and other structures within La Mesa, and including any additions, exterior alterations, landscaping, clearing, painting and excavation. The Owner shall submit architectural and landscaping plans and specifications to the Committee for its review, together with a site plan for the Lot, including location and fencing. • 5 Section 2.7.2-Approval procedures An application for approval must be submitted in writing by the Owner to the Committee at the registered office of the Association. The Committee shall review the application in accordance with the provisions of this Section 2.7 as soon as possible after a complete application has been filed. The decision of a majority of the members of the Committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the Owner. Section:2.7.3-Failure of Committee to Take Action Except as provided in Section 2.7.5 below, in the event that the Committee fails to respond to an Owner's complete and properly submitted application within. twenty .(20) days after the Committee has notified the Owner that the application is complete, formal written approval will not be required, and the provisions for approval shall be deemed to have been filly complied with, provided that the minimum requirements as set forth herein have been met. Section 2.7.4-Committee's Obligation The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various Owners for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with. conditions, or disapprove an application or any part thereof. in all cases, the ultimate responsibility for satisfying all local building codes and governmental requirements rests with the Owner. The Committee shall be held harmless from building requirements not complied with. Section 2.7.5-Exemptions and Variances from Committee Requirements The Committee may, upon application, grant exemptions from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvement or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and ' compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider application for exemption or variance and shall render its decisions within thirty (30) days after notice to the Owner of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 2.7.6-Failure of an Owner to Comply Failure of an Owner to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association's Board exercised after thirty (30) days written notice to such Owner, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with 6 • the violation which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy at law including, but not limited to an action for specific performance. ARTICLE 3-ASSOCIATION BUDGET,ASSESSMENTS, AND LIENS Section 3.1-Owners Covenants to Pay Assessments By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance, all general and specific assessments levied as provided herein. Section 3.2-Association Budget The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with the generally accepted accounting principals. The operating budget shall set forth all sums required by the Association, as estimated by the Association to meet its annual costs and expenses, including but not limited to all management and administration costs, operating and maintenance expenses of the Common Areas, and services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, and the cost of liability and other insurance on, the Common Areas, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3-Initial Annual Budget The La Mesa Owners Association initial annual budget shall be as follows: Bookkeeping Fees: $1,500.00 Postage: $32.00 Bank Fees: $36.00 Stationery: $10.00 • Other: $50.00 Landscape Maintenance: $11,520.00 Water Bill for Sprinkler: $700.00 Insurance: $150.00 Legal&Accounting: $300,00 Miscellaneous: $102.00 Total Estimated Budget: $14,400.00 (Per Lot Assessment/Year): $1,200.00 (Per Lot Assessment/Month): $100,00 • Section 3.4-Levy of General Assessment In order to meet the costs and expenses projected in its operating budget, the Association shall by Association Action determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of Lots. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least 30 days in advance of the beginning of such period and shall at that time prepare a roster of the owners and general assessments allocated to each, which shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that the notification to an.Owner of the amount of assessment shall not be necessary to the validity:thereof. .The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the next period shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against the Owners and give notice to each Owner. Section 3.5-Payment of General Assessment Upon Association Action, installments of general assessments shall be collected on a monthly, quarterly, semiannual, or annual basis. All Owners shall prepay one monthly installments on any assessment levied by the Association. Section 3.6-Nondiscriminatory Assessment Except as provided in Section 5.15 hereof, no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment may be made against an Owner by a two-thirds majority vote of the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 3.7-Commencement of Assessments Liability of an Owner for Assessments shall commence on the first day of the month following the date upon which any instrument of transfer to such an Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot or, if earlier, the first day of a calendar month following Owner's occupancy of such Lot); provided, however, that a Participating Builder shall not be liable for any assessments with respect to a Lot acquired from Declarant for a period of one year from the date of acquisition. The Declarant, its successors and assigns, shall not be liable for any assessments with respect to any Lot unless such Lot is occupied. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessments. 8 Section 3.8-Certificates of Assessment Payment Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specific Lot are paid and cu=Tent to the date stated therein. A reasonable charge may be made by the Association for the issuance of such a certificate. Section 3.9-Special Assessments In addition to the general assessments authorized by this Article, the Association may, by Association'Action, levy a special assessment or assessments at any time, applicable to that year only, for the purpose . of defraying, in whole or in part., the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the.Common Areas, including-necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such special assessments in excess of $250 per Lot must have the prior favorable vote of two-thirds of the Owners. Section 3.10-Effect of Nonpayment of Assessment If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot, recording of real estate contract therefor,or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall .be deemed to grant thereby to the Association, its agents and employees, and to the Declarant during the Development Period, the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.11-Lien to Secure Payment of Assessment Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attorney's fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal • obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Lot which is charged with a payment of assessment, the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for,monthly 9 r installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.12-Suspension for Nonpayment of Assessment If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of 30 days, said Owner's voting rights shall without necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until.all payments,including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessment by non-use of the Common Areas or by abandonment of a Lot. Section 3.13-Reserves for Replacement As a common areas expense, the Association shall establish and maintain a reserve fluid for replacement of the Common Areas and any improvements thereon. Such fiend shall be deposited with a banking institution. The reserve fiend shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon. The.Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. Section 3.14-Certain Areas Exempt The Tracts and all portions of La Mesa dedicated to and accepted by the City of Renton or other public authority shall be exempt from assessment by the Association. ARTICLE 4-SUBORDINATION OF LIENS Section 4.1-Intent of Provisions The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2-Mortgagee's Non liability The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3-Mortgagee's Rights During Foreclosure During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 10 Section 4.4-Mortgagee as Owner At such time as a Mortgagee shall become the record Owner of the.Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5-Mortgagee's Title Free and Clear of Liens A,Mortgagee or other secured party acquiring title to a secured Lot through foreclosure, deed in lieu,of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions,of this Declaration insofar as such lien secures the payment of any assessment due but unpaid before the final..conclusion of any such proceeding, including,the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as an expense of the Association pursuant to Section 3.2. Section 4.6-Survival of Assessment Obligation After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall,use reasonable effort to collect the same from such Owner. Section 4.7-Subordination of Assessment Liens The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payment coming due after the date of completion of foreclosure. ARTICLE 5-USE COVENANTS, CONDITIONS,AND RESTRICTIONS Section 5.1-Authorized uses Lots in La Mesa shall be used solely for residential purposes and related facilities normally 'incidental to a residential community. Section 5.2-Approval of Building or Clearing Plans Required No building, fence, deck, patio, wall, kennel, or other structure shall be commenced, erected, or maintained upon a Lot or any other portion of La Mesa, nor shall any exterior additional to or change or alteration therein be made, nor shall a Lot be cleared or excavated for use, until after ,the details and written plans and specification showing the nature, kind, shape, height, materials, ,colors, and location of the same shall have been submitted to and approved in writing by the iArchitectural Control Committee. Any structure so approved must be completed as to external appearance, including exterior staining or painting, within nine (9) months after the date construction is commenced unless the Committee elects to grant an extension. Although the 11 • Committee shall have full authority to approve or disapprove of any specific proposal. the following restrictions shall apply to La Mesa in general: Section 5.2.1-Building Setbacks No structures, filling, grading or obstruction, shall be permitted beyond the Building Setback Line, as per the City of Renton requirements, or within any drainage easement area as shown on the face of the final plat unless otherwise approved by the Committee and by the City of Renton. Section 5.2.2-Building Materials Each home constructed on a Lot shall be built of new materials except, with .approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone, brick or stucco. The street side elevation of each home shall be finished with LP lap siding or an equivalent to be approved by the Architectural Control Committee. Aluminum, vinyl or "T-111" siding are not permitted. LP panel siding may be used on sides and backs of homes, except on corner Lots where the side of the house faces the street. All windows facing the street must be finished on the exterior with cedar or other decorative trim to be approved by the Architectural Control Committee. Roofs on all buildings must be finished with 25 year dimensional composition roofing, charcoal gray in color, unless written approval is granted by the Architectural Control Committee; no flat roof shall be allowed. Exterior colors must be approved by the Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters,•and exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. (Generally, colors shall be muted earth tones; gray, beige, and similar shades.) Section 5.2.3-Landscaping and Fencing Front yards shall be fully landscaped within nine (9) months after the date construction of the home commences unless extended by the Committee. Side yards and rear yards shall be landscaped within 12 months of the home completion. No fence erected within La Mesa shall be over six (6) feet in height. No barbed wire, chain link, or corrugated fiberglass fences shall be erected on any Lot. No fence of any kind shall be permitted in the front setback area. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. Section 5.2.4-Floor Area Only one Single Family home not to exceed two (2) stories in height plus basement and a private garage shall be permitted on each Lot. If a home is built on a Lot, it must include a garage for not less than two (2) cars which is filly enclosed. All garages must be attached ( no carports). The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, or for the storage of a boat and/or camping trailer kept for personal use, provided the location of such structures is in conformity with the applicable municipal regulations, is compatible in design and decoration with the residence constructed on such Lot and has been approved by the Architectural Control Committee. The minimum allowable square footage of any residence within La Mesa shall be as follows: Rambler homes shall include no less than 1500 square feet of living space. Two story homes shall include no less than 1500 square feet of living space. "Living 12 space" shall not include porches, decks, balconies, garages, or outbuildings. The Architectural Control Committee may accept variances from the floor area requirements of this Subsection. Section 5.2.5-Contractor No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without prior written approval of the Architectural Control Committee, Section 5.2.6-Driveways All driveways and parking areas shall be paved with exposed aggregate concrete, blacktop, or other material approved by the Architectural Control Committee. Section 5.3-Leasing Restrictions No Lot may be leased or rented by any party for a period of fewer than 30 days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents of the Owners Association. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 5.4-Animals No animals, livestock, or poultry of any kind shall be raised, bred, or kept on Lots: provided however, that dogs, cats, or other conventional small household pets maybe kept if they are not kept, bred, or maintained for any commercial purposes. No .domestic pet may be kept if it is a source of annoyance or a nuisance. The Association shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Owner's Lot, pets within La Mesa must be leashed and accompanied by a person responsible for cleaning up any animal waste. Section 5.5-Commercial Uses No commercial enterprise, including itinerant vendors, shall be permitted on any Lot: provided, however, that the Association may permit specific home occupations to be conducted if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the La Mesa community; and provided further that no signs or advertising devises of any character shall be permitted. Section 5.6-Vehicle Storage (All vehicles must be parked inside a garage. No storage or parking of vehicles, boats, trailers, recreational vehicles or other equipment shall be permitted in open view of any Lot; or on the street. This shall not apply to temporary (less than 24 hours) parking of vehicles on the • designated driveway areas adjacent to garages on the Lot. Upon 48 hours notice to the owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority to 13 have removed at the Owner's expense any such items visible from the street that are parked on any Lot or within the public right-of-way for more than 24 hours. Section 5.7-Garbage No garbage, refuse, or rubbish shall be deposited or left in La Mesa, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or scrap of any kind shall be permitted. Section 5.8-Utilities Underground Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipes, sewer pipe, gas pipe, drainage pipe,telephone, power, or television cable or similar transmission line shall be installed or maintained above the surface of the ground. Section 5.9-Signs ' Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant and participating Builders, or agents or contractors thereof, or the Association,no signs or advertising devises of any character,shall be posted or displayed in La Mesa: provided, that one temporary real estate sign not exceeding 6 square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot or residence. Political signs shall be allowed provided they are:removed immediately after the election for which they were intended. Section 5.10-No Obstruction Easements No structure, planting, or other material shall be placed or permitted to remain upon La Mesa which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure, or fence may be maintained within an easement area unless specifically approved by the Architectural Control Committee. Section 5.11-Antennae No external short-wave or citizens'band antennae, freestanding antennae towers, TV antennae, or satellite reception dishes of any kind shall be permitted in La Mesa. Section 5.12-Owners' Maintenance Responsibilities The maintenance, upkeep, and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof, and in no way shall be the responsibility of the Association, its agents, officers or directors except the association will maintain the front setback area including watering, and the bio-filtration swale on lots 4 &5. Owners shall maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation to the foregoing, each Owner shall be obligated to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state .and in a manner comparable to that of the other Lots in La Mesa. No storage of firewood shall be permitted in front yards. After thirty (30) days' written notice to an Owner from the Association 14 • • of such Owner's failure to so maintain his home or Lot, and after approval of a two-thirds majority vote by the Board or other Association committee to which such oversight responsibility shall have been delegated, the Association shall have the right, through its agents and employees, to enter upon any Lot which has been found to violate the foregoing standards in order to restore the home or Lot to such standards. The cost of such work shall be a special assessment on such Owner and his Lot only. Unless accepted by the City of Renton and during the two-year maintenance.period, the Owner of each Lot must inspect the curb,.gutter, sidewalk and driveway in front of.their Lot,on a regular basis... If damage has occurred prior to purchase, the Declarant .• or previous;,Owner is responsible. After purchase, the.Owner.is responsible for.any,damage to the curb, gutter,,sidewalk and driveway in front of that Lot and shall be'responsible for the repair of that damage to the satisfaction of the City of Renton. Section 5.13-Nuisances Prohibited No noxious or offensive activity shall be conducted in any portion of La Mesa , nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County, or any other applicable governmental entity. Nothing shall be done or.maintained on any portion of La Mesa which may be or become . an annoyance.,or •nuisance to the neighborhood.or detract from the value of La Mesa community. .The Association shall determine by Association Action whether any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and Living Units, • or of the Common Areas, and such determination shall be final and conclusive. • Section 5.14-Relief from Certain Provisions In cases where an Owner has made a factual showing that strict application of the provisions of Sections 5.4, 5.5, 5.6, 5.10, and 5.12 only of this Article (regulating animals, commercial uses, vehicle storage, signs and antennae, respectively) would work a severe hardship upon him, the Board by Association Action may grant the Owner relief from any such provisions: provided, however, that such relief shall be limited by its scope or by conditions to only that necessary to relieve the hardship: and provided further, that no such relief shall be granted if the condition •thereby created would in the reasonable judgment of the Board violate the provisions of Section 5.14 of this Article. The decision of the Board in granting or denying such relief shall be final and conclusive. ARTICLE 6-COMMON AREAS The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. The association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. 15 Section 6.1-Right of Way Maintenance The Association shall maintain the Right of Way of NE 28th St. from the Westerly edge of the NE 28th Pl Right of Way half street to the West property line of the plat; and from the North edge of pavement on NE 28th St. to the South property line of the plat. ARTICLE 7-INSURANCE: CASUALTY LOSSES; CONDEMNATION Section 7.1-Insurance Coverage The Association shall obtain and maintain at all times as an Association expense a policy or policies: and bonds written by companies licensed to do business in Washington required to provide: Section 7.1.1-General Comprehensive Liability Insurance General comprehensive liability insurance insuring the Association, the Owners, and Declarant against any liability to the public or the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. Section 7.1.2-Other Insurance Such other insurance as the Association deems advisable. ARTICLE 8-ENFORCEMENT Section 8.1-Right to Enforce The Association, Declarant, or any Owner, shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 8.2-Remedies Cumulative Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by the law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedies by an action at law or exclusively by recovery of damages. Section 8.3-Covenants Running with the Land The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of La Mesa, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. 16 ARTICLE 9-AMENDMENT AND REVOCATION Section 9.1-Amendment by Declarant or Association It will be prohibited to amend these CC&Rs eliminating the maintenance responsibility for the biofiltration swale and any other improvements required by the City to be maintained by the owners otherwise the declarant may, on its sole signature, during the Development Period, amend this Declaration:and record one or more Supplementary Declarations to extend the provisions of this Declaration'to additional Phases which consist of adjacent real property owned by Declarant, its successors or.assigns. Upon the recording of a Supplementary Declaration, the Governing Documents shall immediately become applicable to the real property described herein. This Declaration may also be amended at any time by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 60 percent of the total outstanding votes in the Association; and provided, further, that no such amendment shall be valid during the Development Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall,be required for any material amendment to the Declaration or the Association's Bylaws of any of the following: voting rights; assessments; assessment liens, and subordination of such . liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the Common Areas, or rights to their use; convertibility of Lots into Common Areas; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self- management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the La Mesa Owners Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 9.2-Effective Date Amendments shall take effect only upon recording with the King County Department of Records and Elections or any successor recording office. ARTICLE 10-GENERAL PROVISIONS Section 10.1-Taxes Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against this Lot, or personal property located on or in the Lot. Section 10.2-Transfer of Certain Utilities Utility Repair Easement. Declarant, and the Association after the Development Period, may transfer and convey any sewer, water, storm drainage, or other general utility in La Mesa to a public body for ownership and maintenance, together with any necessary easements relating thereto, and each Lot shall become burdened and benefited thereby. 17 Section 10.3-Non-Waiver No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 10.4-Attorneys' Fees In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to enforce or to foreclose a lien, the unsuccessful party in such suit shall pay to the :prevailing party all costs.and expenses, including title reports, and all attorney's fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may.deem to.be reasonable therein, and also including all costs, expenses, and attorney's fees incurred with any appeal from the decision of a trial court or any intermediate appellate court. Section 10.5-No Abandonment of Obligation No Owner, through his non-use of any Common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 10.6-Interpretation The captions of the various articles, sections and paragraphs of.this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any pares of this Declaration. Section 10.7-Severability Invalidation of any one of these covenants, conditions, restrictions, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in lull force and effect. Section 10.8-Notices All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and, if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date after the date of mailing thereof, or on the date of actual receipt, if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notice to any Owner may be given at any Lot owned by' such an Owner; provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future notices. If there is more than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of the Declarant and of the Association shall be given to each Owner at or before the time he becomes an Owner. If the address of the Declarant or the Association shall be changed, Notice shall be given to all Owners. Section 10.9-Applicable Law This Declaration shall be construed in all respects under the laws of the State of Washington. 18 In witness whereof, the undersigned Declarant has executed this Declaration the day and year first above written. La Mesa Joint Venture a t'Schaefer, Auth ed Party Individual: STATE OF WASHINGTON ) • )ss. County of King ) • I certify that I know or have satisfactory evidence that Walt Schaefer is the person who appeared before me and said person acknowledged that he signed this instrument,on oath stated that he was authorized to execute the instrument and acknowledged it to be a free and voluntary act of La Mesa Joint Venture for the uses and purposes mentioned in this instrument. 5 r Given under my hand and official seal this day of 6'Q 44`Y , 19 Notary Public in and for the State of Washington residing at:Kgit,� 1A...A • • • 19 • EXHIBIT "A" LA MESA LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, & 12 of La Mesa, La Mesa Plat as they are recorded. 20 . . , 1 4MKTIMIMMIIMIKW24121WPW WEB 11 .L.4kA:A.U.KAAA Juk.),AfikvALAULAy, WAIYM11,210_1/2011121WIWITI1L 0 I 5.721wimmuswiwimcgm2_I immi_v_w_i_v_mliwinnwo meminnwswin iMmtwinwitwominwanwi_4 A t t IN 11' STATE of WASHINGTON S .‘.al. : ,to. STATA,04., g iii' C's ,. ., ',-• „, .-.,"0..- .._, / .- 0,; ,...-. ._. - 1889 -Ao'v SECRETARY of STATE :§! X! 6Y4 61' . ( r ix ip. I,RALPH MUNRO, Secretary of State of the State of Washington and custodian of its seal, 3 i): hereby issue this iA to :;11 1 V CERTIFICATE OF INCORPORATION H '41 63 ) ( 1Y4 ik' • to . A c_- •LA MESA OWNERS ASSOCIATION 0- gi gi g X :il •-2, .i ' a0 'i0 IX i5, a Washington Non Profit corporation. Articles of Incorporation were filed for record in C ;i5 this office on the date indicated below. A $ ii4 ,g A ( (., c .4 E to ( UBI Number: 601 677 930 Date: December 19, 1995 ( t_ A A i); g C ikli ig :€.0 ti g., 'a r. 0 ig I) STATE ( $ ik'li ik •••• R. :it_ 6 .. x.„.,..__,. , .... it ,...4 •••••k. ,,,A '- Cl)Z Given under my hand and the Seal of the . , i_t.. cla . .-1 State of Washington at Olympia, the State to A Capital , C ts, 0,' .(! i_ g w. :§s_ 1889- 1(2)(.1)H%-74 Pao '„c. :§1 nRalph Munro,Secretary of State 2-524435-1 .-170407AIMMINIMMirs)7D7CIMIXIMIXITalfiVill7a7Cre17,116i7OXIMITA7tfireTal7D7Wanr.T IMITAIMMI707C11 "7- I) x,VilifaliiiWki,iMiAlirs11740761WIMMIAIMMETAW- , " I • 25 a y y 3S( FILED 00/ On STATE OF WASHINGTON DEC 19 1995 NONPROFIT CORPORATION RALPH MiUNRO. ARTICLES OF INCORPORATION SECRETARY OF STATE The undersigned, for the purpose of forming a corporation under the nonprofit laws of the State of Washington, RCW 24.03,hereby adopts the following Articles of Incorporation: ARTICLE I The name of the corporation shall be: La Mesa Owners Association, hereinafter called the 'Association". ARTICLE II The term of the corporation shall be: Perpetual ARTICLE III The purposes for which the corporation is organized are as follows: To maintain the front yards of all lots in the plat of La Mesa. To maintain the drainage facility of the plat of La Mesa. To collect dues from the members and pay all bills of the association. To operate an architectural control committee to approve construction & alteration plans of buildings and yards, and enforce the covenants of the plat. • ARTICLE IV The name of the Registered Agent of the corporation is: Walt Schaefer ,» The street address of the Registered Office, which is also the address of the Registered Agent is as follows: Number and Street: 18000 72nd Ave. S. #206 City: Kent, WA 98032 ARTICLE V There shall be three directors serving as the initial Board of Directors. Their names and addresses are as follows: Lisbet Sell 5603 S. 150th Pl., Tukwila, WA 98188 . Walt Schaefer 5603 S. 150th Pl., Tukwila, WA 98188 Michael Lorenz 18000 72nd Ave. S. #206, Kent, WA 98032 • ARTICLE VI In the event of dissolution of the corporation,the net assets are to be distributed as follows: Equally to all members. ARTICLE VII The name and address of each incorporator is as follows: Walt Schaefer 18000 72nd Ave. S. #206, Kent, WA 98032 / �i�� IN WITNESS WHEREOF each incorporator has affixed his signature on this D day of , 1995. CONSENT TO APPOINTMENT AS REGISTERED AGENT I, Walt Schaefer, hereby consent to serve as Registered Agent in the state of Washington for the corporation herein named. I understand that as agent for the corporation, it will be my responsibility to accept Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation of any change in the Registered Office address of the corporation for which I am agent. �i Date -e Walt Schaefer,Registere gent 2 WA Developers, Inc. 18000 72nd Avenue South, Suite 206 Kent, Washington 98032-1035 Phone: (206) 251-4020 FAX: (206) 251-4021 The Plat of La Mesa Compliance with ERC Conditions dated January 17, 1995: 1. Mitigate potential impacts to homes attributable to slope retreat... Depth of foundations for lots 7 through 12 will be five feet within the 15 - 25 foot setback from the top of slope. The projects Joint Venture is made up of WA Developers, Inc. and Jan-Wes Homes, Inc. The homes on the all 12 lots will be constructed by Jan-Wes Homes, Inc., and that company will have foundations five feet deep within that 15 - 25 foot setback designation on lots 7 through 12. 2. Park Mitigation Fees... The Joint Venture shall pay park mitigation fees for nine(9)lots prior to recording the plat. It has been agreed to by the Parks Department that the project will receive a 3 lot park mitigation fee credit, because of the three existing houses on the property prior to the construction of the plat. The total park mitigation fees due will be $4,776.84 ($530,76/lot) 3. Submittal of Tree Cutting/Land Clearing Plan... The Tree Cutting/Land Clearing Plan was submitted prior to the issuance of the construction permit. A meeting was held to discuss the plan with Paul Lumber&Jennifer Henning from the City and Michael Lorenz with the Developer. Every tree on the plan was discussed and it was determined that;because of the size of the lots, amount of under ground construction, and the sandy soil condition; only a small number of trees could safely remain on the site. Only the trees along the back 10 feet of lots 1 - 3 could be saved, and of course the trees in the native growth protection easement. figle F 7996 C/ �'jvi�r,. n'pFPZE){p1�p/tiG Land Acquisition/Consulting WA Developers, Inc: 18000 72nd Avenue South, Suite 206 Kent, Washington 98032-1035 Phone: (206) 251-4020 FAX: (206) 251-4021 The Plat of La Mesa Compliance with the Hearing Examiners Conditions dated January 31, 1995: 1. Compliance with conditions imposed by ERC All items imposed by the ERC were complied with on this project. 2. Language on face of plat restricting access to NE 28th St. Language has been placed on the mylar, and all front drive ways for all 12 lots are on the newly created NE 28 Pl. culdesac. 3. Bollards at the West end of NE 28th St. Five permanent bollards were installed per approved construction plans. Also, the installation of the five bollards was done to the City of Renton's plans and specifications. 4. Homeowners Association maintenance of Right of Way on NE 28 th 311 J'? This recommendation is met under Section 6.1 of the C, C, &R's. 5. Creation of Homeowners Association for La Mesa An association has been established for the plat. 6. Native Growth Protection Easement boundaries All Native Growth Protection Easement Boundaries have been established by a licensed Engineer and Surveyor, and the rear building setbacks have been established following the recommendation of the Geotechnical Report. All these boundaries and setbacks ,have been reviewed and approved by the City. 7. Construction of Fence on East property line of Plat The fence has been constructed along the East property line of the plat. The fence has been approved by the Inspector, and Mr. Smith the neighbor to the East. (Letter of approval from Mr. Smith is attached.) Land Acquisition/Consulting WA Developers, Inc: 18000 72nd Avenue South, Suite 206 Kent, Washington 98032-1035 Phone: (206) 251-4020 FAX: (206) 251-4021 February 27, 1996 William Smith 2108 NE 28th St. Renton, WA 98056 RE: 6 foot Cedar Fence Dear Mr. Smith: One of your concerns at the public hearing regarding o`u`r plat of La Mesa was that head lights might disturb you while automobiles are exiting our plat. We offered you at that time that we would install a 6 foot cedar fence to block the vehicles' lights. You agreed and the fence was installed. A short time after we made the agreement, the Hearing xaminer came out with his recommendations for approval of the preliminary plat.'' One•i em was that a fence was to be constructed along the East edge of our property line Thiswas to block vehicle light's subject to the"approval of the City and you. Also, after the construction of the fence each of us would be responsible for the maintenance of our respective sides of the fence. Please sign this letter in the place designated so that the City of Renton is aware that you approve of the fence's construction and the maintenance of your side. I made and signed two copies of this letter, and provided a stamped return envelope. Please keep a copy for your records and send the other back to me. Thank you and please call me at the above number if you have any questions. Sincerely, Dated: 2/2 e-/ 9 C Michael A. Lorenz ' - , .. . ' . - �1• •� . _.. • Executive Assistant' ' = • • ,' ' William Smith ::- • . . - , . 2108 NE 28th St. .:.,... Itentoii,WA 98056 . c: -File Land Acquisition/Consulting v . WA Developers, Inc. • • 18000 72nd Avenue South, Suite 206 f} Kent, Washington 98032 • • Phone: (206) 251-4020 ; FAX: (206) 251-4021 .• January 9, 1996 Arneta Henninger 0 o Utility Plan Review City of Renton 200 Mill Ave. S. ' Renton, WA 98055 RE: La Mesa Vicinity Map, and Legal Description • ' Dear Ms. Henninger: Enclosed are the vicinity map and legal description that you requested from us at Tuesdays meeting for the above referenced plat. • Please call me at the above number if you have any questions;comments, or concerns. Sincerely, • Michael A. Lorenz —• Executive Assistant • Enc. c: File • • • Land Acquisition/Consulting AMER/ *• • 4.40 First American Title Insurance Company AMENDED SUBDIVISION GUARANTEE ORDER NO. 316402-5 FEE: $200.00 TAX: $16.40 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, SUBJECT TO THE LIABILITY EXCLUSIONS AND LIMITATIONS SET FORTH BELOW AND IN SCHEDULE A GUARANTEES N.W. REAL ESTATE PROPERTIES herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17,R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. PAGE 1 OF 4 WA-97 (5/95) SUBDIVISION GUARANTEE ORDER NO. 316402-5 SCHEDULE A i The assurances referred to on the face page are: A. Title is vested in: LA MESA JOINT VENTURE, CONSISTING OF JAN WES HOMES, INC., A WASHINGTON CORPORATION AND WA DEVELOPERS, INC.,A WASHINGTON CORPORATION B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under record matters. The following matters are excluded from the coverage of this guarantee: 1. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. Description: TRACT 53, HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO SEATTLE NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 63, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7210200372. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PAGE 2 OF 4 WA-97 (5/95) ORDER NO. 316402-5 Record Matters: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH. THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31ST. YEAR: 1996 AMOUNT BILLED: $2,482.22 AMOUNT PAID: NONE AMOUNT DUE: $2,482.22, PLUS INTEREST AND PENALTY, IF DELINQUENT ASSESSED VALUE OF LAND: $98, 000.00 ASSESSED VALUE OF IMPROVEMENTS: $78,400.00 TAX ACCOUNT NO. : 334210-3375-00 CHARGES/ASSESSMENTS IN ADDITION TO THE ABOVE GENERAL TAXES AS FOLLOWS: A. 1996 CONSERVATION ASSESSMENT CHARGE OF $.71 OF WHICH NONE HAS BEEN PAID. THE TOTAL (UNPAID GENERAL TAXES AND LEVY/CHARGES) DUE IS $2,482.93 PLUS INTEREST AND PENALTY, IF DELINQUENT. THE ABOVE CHARGES ARE DUE AND PAYABLE WITH THE GENERAL TAXES. 2 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LA MESA JOINT VENTURE, CONSISTING OF JAN-WES HOMES, INC. , AND WA DEVELOPERS, INC. , BOTH WASHINGTON CORPORATIONS TRUSTEE: STEWART TITLE COMPANY OF WASHINGTON, INC. BENEFICIARY: EXECUTIVE HOUSE, INC. , A WASHINGTON CORPORATION ORIGINAL AMOUNT: $500,000. 00 DATED: AUGUST 22, 1995 RECORDED: SEPTEMBER 13, 1995 RECORDING NO. : 9509130617 3 . EASEMENT AND CONDITIONS CONTAINED IN DOCUMENT: RECORDED: NOVEMBER 17, 1995 RECORDING NO. : 9511171147 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY FOR: ELECTRIC DISTRIBUTION SYSTEM AFFECTS: AS DESCRIBED THEREIN PAGE 3 OF 4 WA-97 (5/95) ORDER NO. 316402-5 DATED: FEBRUARY 26 , 1996 AT 8: 00 A.M. glmr TITLE OFFICER PAGE 4 OF 4 WA-97 (5/95) i NOTICE ORDER NO.3 k W L (') 5 This Sketch is furnished as a courtesy only by First American VOLUME PAGE (03 Title Insurance Company and it is NOT apart ofN p y any title commitment or policy of title insurance. This sketch is furnished solely for the purpose of assisting in ..., locating the premises and does not purport to show all highways, W c'F E roads,or easements affecting the property. No reliance should be placed upon this sketch for the location or dimensions of the --� property and no liability is assumed for the correctness thereof. J s 1 vc-<--------- • '.\ ;, . 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S9• 1.5'-17f E. ,- GUARANTEE EDITIONS AND STIPULATIONS ;ntinued) which were authorized by the Company up to the time of purchase. 11. Payment of Loss. Such purchase,payment or tender of payment of the full amount of (a) No payment shall be made without producing this Guarantee for the Guarantee shall terminate all liability of the Company hereunder. endorsement of the payment unless the Guarantee has been lost or In the event after notice of claim has been given to the Company by destroyed,in which case proof of loss or destruction shall be furnished to the Assured the Company offers to purchase said indebtedness, the the satisfaction of the Company. owner of such indebtedness shall transfer and assign said indebt- (b) When liability and the extent of loss or damage has been definitely edness, together with any collateral security, to the Company upon fixed in accordance with these Conditions and Stipulations, the loss or payment of the purchase price. shall bepayable damage within thi rty(30)days thereafter. Upon the exercise by the Company of the option provided for in Paragraph (a)the Company's obligation to the Assured under this Guarantee for the 12. Subrogation Upon Payment or Settlement. claimed loss or damage,other than to make the payment required in that Whenever the Company shall have settled and paid a claim under this paragraph,shall terminate,including any obligation to continue the defense Guarantee,all right of subrogation shall vest in the Company unaffected by or prosecution of any litigation for which the Company has exercised its any act of the assured claimant. options under Paragraph 5,and the Guarantee shall be surrendered to the Company for cancellation. The Company shall be subrogated to and be entitled to all rights and (b) To Pay or Otherwise Settle With Parties Other than the Assured or With remedies which the assured would have had against any person or property the AssuredoPa in respect to the claim had this Guarantee not been issued.If requested by the Company, the assured shall transfer to the Company all rights and To pay or otherwise settle with other parties for or in the name of an remedies against any person or property necessary in order to perfect this assured claimant any claim assured against under this guarantee, right of subrogation. The assured shall permit the Company to sue, together with any costs,attorneys'fees and expenses incurred by the compromise or settle in the name of the assured and to use the name of the assured claimant which were authorized by the Company up to the assured in any transaction or litigation involving these rights or remedies. time of payment and which the Company is obligated to pay. If a payment on account of a claim does not fully cover the loss of the assured Upon the exercise by the Company of the option provided for in Paragraph the Company shall be subrogated to all rights and remedies of the assured (b)the Company's obligation to the Assured under this Guarantee for the after the assured shall have recovered its principal, interest,and costs of claimed loss or damage,other than to make the payment required in that collection. paragraph,shall terminate,including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its 13. Arbitration. options'under Paragraph 5. Unless prohibited by applicable law,either the Company or the assured may S. Determination and Extent of Liability. American arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.Arbitrable matters may include,but are This Guarantee is a contract of indemnity against actual monetary loss or not limited to, any controversy or claim between the Company and the damage sustained or incurred by the Assured claimant who has suffered loss assured arising out of or relating to this Guarantee, any service of the or damage by reason of reliance upon the assurances set forth in this Company in connection with its issuance or the breach of a Guarantee Guarantee and only to the extent herein described, and subject to the provision or other obligation.All arbitrable matters when the Amount of exclusions stated in Paragraph 2. Liability is$1,000,000 or less shall be arbitrated at the option of either the The liability of the Company under this Guarantee to the assured shall not Company or the assured.All arbitrable matters when the amount of liability exceed the least of: is in excess of$1,000,0000 shall be arbitrated only when agreed to by both the Company and the assured.The Rules in effect at Date of Guarantee shall (a) the amount of liability stated in Schedule A; be binding upon the parties.The award may include attorneys'fees only if (b) the amount of the unpaid principal indebtedness secured by the the laws of the state in which the land is located permit a court to award mortgage of an assured mortgagee,as limited or provided under Section 7 attorneys'fees to a prevailing party Judgment upon the award rendered by of these Conditions and Stipulations or as reduced under Section 10 of these the Arbitrator(s)may be entered in any court having jurisdiction thereof. Conditions and Stipulations,at the time the loss or damage assured against The law of the sites of the land shall apply to an arbitration under the Title by this Guarantee occurs,together with interest thereon;or Insurance Arbitration Rules. (c) the difference between the value of the estate or interest covered A copy of the Rules may be obtained from the Company upon request. hereby as stated herein and the value of the estate or interest subject to any defect,lien or encumbrance assured against by this Guarantee. 14. Liability.Limited to This Guarantee;Guarantee Entire Contract. 9. Limitation of Liability. (a) This Guarantee together with all endorsements,if any,attached hereto by the Company is the entire Guarantee and contract between the assured (a) If the Company establishes the title,or removes the alleged defect,lien and the Company. In interpreting any provision of this Guarantee, this or encumbrance, or cures any other matter assured against by this Guarantee shall be construed as a whole. Guarantee in a reasonably diligent manner by any method, including (b) Any claim of loss or damage,whether or not based on negligence,or litigation and the completion of any appeals therefrom,it shall have fully anyaction assertingsuch claim,shall be restricted to this Guarantee. performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) No amendment of or endorsement to this Guarantee can be made (b) In the event of any litigation by the Company or with the Company's except by a writing endorsed hereon or attached hereto signed by either the consent,the Company shall have no liability for loss or damage until there President,a Vice President,the Secretary,an Assistant Secretary,or validating has been a final determination by a court of competent jurisdiction, and officer or authorized signatory of the Company. disposition of all appeals therefrom,adverse to the title,as stated herein. 15. Notices,Where Sent. (c) The Company shall not be liable for loss or damage to any assured for All notices required to be given the Company and any statement in writing liability voluntarily assumed by the assured in settling any claim or suit required to be furnished the Company shall include the number of this without the prior written consent of the Company. Guarantee and shall be addressed to the Company at 114 East Fifth Street, 10. Reduction of Liability or Termination of Liability. Santa Ana,California 92701. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. GUARANTEE AmERIc-'`.‘\:1410!s. First American Title Insurance Gompany 114 EAST FIFTH STREET, (P.O. BOX 267) • SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 qR 12 1996 DEVCITy OF REN ONNNING H 171551 Form No.1282(Rev.6/6/92) GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. this Guarantee. If the Company shall exercise its rights under this The following terms when used in the Guarantee mean: paragraph,it shall do so diligently. (4 "the assured": the party or parties named as the assured in this (b) If the Company elects to exercise its options as stated in Paragraph Guarantee,or on a supplemental writing executed by the Company. 5(a)the Company shall have the right to select counsel of its choice(subject to the right of such assured to object for reasonable cause)to represent the (b) to the land described or referred to in Schedule(A)(C)or in Part assured and shall not be liable for and will not pay the fees of any other 2,land improvements affixed thereto which by law constitute real property. counsel,nor will the Company pay any fees,costs or expenses incurred by The term"land"does not include any property beyond the lines of the area an assured in the defense of those causes of action which allege matters not described or referred to in Schedule(A)(C)or in Part 2,nor any right,title, covered by this Guarantee. interest,estate or easement in abutting streets,roads,avenues,alleys,lanes, (c) Whenever the Company shall have brought an action or interposed a ways or waterways. JI defense as permitted by the provisions of this Guarantee,the Company may (c) "mortgage": mortgage, deed of trust, trust deed, or other security pursue any litigation to final determination by a court of competent in trument. jurisdiction and expressly reserves the right,in its sole discretion,to appeal (di "public records": records established under state statutes at Date of from an adverse judgment or order. G arantee for the purpose of imparting constructive notice of matters (d) In all cases where this Guarantee permits the Company to prosecute relating to real property to purchasers for value and without knowledge. or provide for the defense of any action or proceeding, an assured shall (e "date":the effective date. secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the 2. Exclusion from Coverage of this Guarantee. Company to use,at its option,the name of such assured for this purpose. Whenever requested by the Company, an assured, at the Company's T e Company assumes no liability for loss or damage by reason of the expense, shall give the Company all reasonable aid in any action or following: proceeding,securing evidence,obtaining witnesses,prosecuting or defend- (a) Taxes or assessments which are not shown as existing liens by the ing the action or lawful act which in the opinion of the Company may be records of any taxing authority that levies taxes or assessments on real necessary or desirable to establish the title to the estate or interest as stated property or by the public records. herein, or to establish the lien rights of the assured. If the Company is li prejudiced by the failure of the assured to furnish the required cooperation, (b) (1) Unpatented mining claims; (2) reservations or exceptions in the Company's obligations to the assured under the guarantee shall patents or in Acts authorizing the issuance thereof; (3) water rights,claims terminate. or title to water:whether or not the matters excluded by(1),(2)or(3)are shown by the public records. 6. Proof of Loss or Damage. (c) Assurancesto title to any propertylines o beyond the f the land � In addition to and after the notices required under Section 3 of these ex p ressly described in the description set forth in Schedule(A)(C)or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or Conditions and Stipulations have been provided the Company,a proof of waterways on which such land abuts,or the right to maintain therein vaults, loss or damage signed and sworn to by the assured shall be furnished to the tun ,nels ramps or any other structure or improvement; or any rights or Company within ninety(90)days after the assured shall ascertain the facts e ements therein unless such property,rights'or easements are expressly giving rise to the loss damage.The proof of loss or damage shall describe y the matters covered bythis Guarantee which constitute the basis of loss or an¢specifically set forth in said description. damage and shall state,to the extent possible,the basis of calculating the (d)� (1) Defects,liens,encumbrances or adverse claims against the title,if amount of the loss or damage.If the Company is prejudiced by the failure ass rances are provided as to such title,and as limited by such assurances. of the assured to provide the required proof of loss or damage, the (2) Defects,liens,encumbrances,adverse claims or other matters(a) Company's obligation to such assured under the guarantee shall terminate. whether or not shown by the public records, and which are created, In addition, the assured may reasonably be required to submit to suffered,assumed or agreed to by one or more of the whichassureds; (b)which examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such result in no loss to the assured;or(c)which do not result in the invalidity reasonable times and places as may be designated by any authorized or otential invalidity of any judicial or non-judicial proceeding which is -representative of the Company, all records, books, ledgers, checks, wi in the scope and purpose of assurances provided. correspondence and memoranda,whether bearing a date before or after 3. Notice of Claim to be Given by Assured Claimant. Date of Guarantee,which reasonably pertain to the loss or damage.Further, if requested by any authorized representative of the Company,the assured An assured shall notify the Company promptly in writing in case knowledge shall grant its permission,in writing,for any authorized representative of shall come to an assured hereunder of any claim of title or interest which the Company to examine, inspect and copy all records, books, ledgers, is adverse to the title to the estate or interest,as stated herein,and which checks,correspondence and memoranda in the custody or control of a third might cause loss or damage for which the Company may be liable by virtue party, which reasonably pertain to the loss or damage. All information of Ins Guarantee.If prompt notice shall not be given to the Company,then designated as confidential by the assured provided to the Company all liability of the Company shall terminate with regard to the matter or pursuant to this Section shall not be disclosed to others unless, in the matters for which prompt notice is required;provided,however,that failure reasonable judgment of the Company,it is necessary in the administration to iiotify the Company shall in no case prejudice the rights of any assured of the claim.Failure of the assured to submit,for examination under oath, under this Guarantee unless the Company shall be prejudiced by the failure produce other reasonably requested information or grant permission to an then only to the extent of the prejudice. secure reasonably necessary information from third parties as required in the above paragraph,unless prohibited by law or governmental regulation, 4. No Duty to Defend or Prosecute. shall terminate any liability of the Company under this Guarantee to the Th Company shall have no duty to defend or prosecute any action or assured for that claim. pro eeding to which the Assured is a party,notwithstanding the nature of an allegation in such action or proceeding. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability. 5. Company's Option to Defend or Prosecute Actions; Duty of In case of a claim under this Guarantee, the Company shall have the Assured Claimant to Cooperate. following additional options: Even though the Company has no duty to defend or prosecute as set forth (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the in laragraph 4 above: Indebtedness. i (a) The Company shall have the right, at its sole option and cost, to The Company shall have the option to pay or settle or compromise for institute and prosecute any action or proceeding, interpose a defense,as .,`., or in the name of the Assured any claim which could result in loss to limited in(b),or to do any other act which in its opinion may be necessary the Assured within the coverage of this Guarantee,or to pay the full or c esirable to establish the title to the estate or interest as stated herein, amount of this Guarantee or,if this Guarantee is issued for the benefit or t o establish the lien rights of the assured,or to prevent or reduce loss or of a holder of a mortgage or a lienholder,the Company shall have the damage to the assured. The Company may take any appropriate action option to purchase the indebtedness secured by said mortgage or said under the terms of this Guarantee, whether c t it shall be liable lien for the amount g thereon,together with any costs,reason- hereunder,and shall not thereby concede liability ive any provision of able attorneys'fees xpenses incurred by the assured claimant MAP CHECK LA MESA BD BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 89 15 32 W 379.540 5004.909 4620.492 N 1 53 11 E 305.130 5309.874 4630.536 S 71 13 51 E 165.030 5256.774 4786.790 RADIAL BEARING (IN AND OUT) N 18 46 09 E S 1 07 30. E 19 53 39 DELTA 640.670 RADIUS 222.453 ARC 221. 337 CHORD 112. 357 TANGENT TANGENT BRG (AT PC & PT) S 71 13 51 E N 88 52 30 E RADIUS POINT 5863. 375 4992.930 PC TO PT S 81 10 40 E 221 .337 5222.829 5005.508 S 1 24 53 W 222. 900 4999.997 5000.005 MISCLOSURE IS .003 x -.005 N 56 34 32 W .006 5000.000 5000.000 1293.937 DISTANCE TRAVERSED 209680 PRECISION AREA 95332 SF 2.1885 ACRES MAP CHECK ROAD CL BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 24 53 E 43 .360 5043.347 5001.071 RADIAL BEARING (IN AND OUT) N 88 35 07 W N 00 44 28 E 90 40 25 DELTA 55.000 RADIUS 87.040 ARC 78.238 CHORD 55.650 TANGENT TANGENT BRG (AT PC & PT) N 1 24 53 E N 89 15 32 W RADIUS POINT 5044.705 4946.087 PC TO PT N 43 55 19 W 78.238 5099.700 4946.799 N 89 15 32 W 173.080 5101.939 4773.733 S 56 42 48 W 69.720 5063.674 4715.452 N 89 15 32 W 93.000 5064.877 4622.460 S 1 53 11 W 60.000 5004.910 4620.484 S 89 15 32 E 379.540 5000.001 4999.99.3 Clef MISCLOSURE IS -.001 x .007 S 84 10 24 E .007 5000.000 5000.000 OFfF(0 `96' 896.938 DISTANCE TRAVERSED 1/4 i7),r6/v, 122680 PRECISION IY47n11yA, AREA 32128 SF .7376 ACRES MAP CHECK LOT 1 BEARING DISTANCE NORTHING EASTING '5000.000 5000.000 . N 1 24 53 E • 78.010 5077.986 5001.926 S 89 15 '32 E 34.710 5077.537 5036.633 RADIAL BEARING (IN AND OUT) S 00 44 28 W S 88 35 07 E 90 40 25 DELTA 25.000 RADIUS 39.564 ARC 35.563 CHORD • 25. 296 TANGENT TANGENT BRG (AT PC & PT) S 89 15 32 . E S 1 24 53 W • RADIUS' POINT 5052:539 5036.310 PC TO PT S 43 55 19 E 35.563 5051.922 5061.302 S 1 24 53 W 42.830 5009.105 5060. 245 RADIAL, BEARING (IN AND OUT) N 88 35 07 W S 00 44 28 W 89 19 35 DELTA 10-.000 RADIUS 15.590 ARC 14.059 CHORD 9 .883 TANGENT • TANGENT BRG (AT PC & PT) S 1 24 53 W N 89 15 32 W RADIUS ,POINT 5009.352 5050.24.8 PC TO PT S 46 04 41 W 14.059 4999.353 5050.118 N 89 15' 32 W 50.120 5000.001 5000. 003 MISCLOSURE IS -.001 x -.003 S 65 11'! 20 W .003 5000.000 5000.000 255. 291 DISTANCE TRAVERSED 90123 PRECISION AREA 4522 SF .1038 ACRES MAP CHECK LOT 2 . BEARING DISTANCE NORTHING EASTING 5000.000 5000.00.0 • N 1 24 , 53 E 78.010 5077.986 5001.926 S 89 15 32 E 60.000 5077.210 5061.921 S 1 24 ! 53 W 78.010 4999.224 5059.995 • N 89 15 32 W 60.000 5000.000 5000.000 MISCLOSURE IS -.000 x .000 S 45 00 00 E .000 5000.000 5000.000 276.020 DISTANCE TRAVERSED 6505853791 PRECISION AREA 4680 SF .1074 ACRES MAP CHECK LOT 3; BEARING DISTANCE NORTHING EASTING 5000. 000 5000.000 N 00 44 28 E 49.040 5049.036 5000.634 RADIAL BEARING (IN AND OUT) N 2 57 43 E S 51 25 41 E 54 23 24 DELTA 50.000 RADIUS 47. 464 ARC 45.702 CHORD 25.691 TANGENT TANGENT BRG (AT PC & PT) S 87 02 17 E N 38 34 19 E RADIUSIPOINT 5098.969 5003 .218 PC TO PT N 65 46 01 E 45.702 5067.794 5042.309 RADIAL' BEARING (IN AND OUT) S 51 25 41 E N 00 44 28 E 52 10 09 DELTA 25.000 RADIUS 22.763 ARC 21.985 CHORD 12. 239 TANGENT TANGENT BRG (AT PC & PT) N 38 34 19 E S 89 15 32 E RADIUS POINT 5052.207 5061 .855 PC TO PT N 64 39 24 E 21 .985 5077. 205 5062.178 S 89 15, 32 E 24 .240 5076.891 5086. 416 S 1 24 53 W 78.010 4998.905 5084.490 N 89 15, 32 W 84.490 4999.998 5000.007 MISCLOSURE IS .002 x -.007 N 73 24 15 W .008 5000.000 5000.000 303.467 DISTANCE TRAVERSED 39902 PRECISION AREA 5599 SF .1285 ACRES MAP CHECK LOT 4 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 53 11 E 60.000 5059.967 5001.975 S 89 15 32 E 93 .000 5058.765 5094.967 N 56 42 48 E 19.720 5069.58.7 5111.452 RADIAL BEARING (IN AND OUT) N 56 42 48 E S 2 57 43 W 53 45 05 DELTA 150 .000 RADIUS 46. 907 ARC 45.206 CHORD 25. 340 TANGENT I'ANGENT 'BRG (AT PC & PT) 3 33 17 ,12 E S 87 02 17 E RADIUS POINT 5097.029 5153.249 PC TO PT S 60 09 44 E 45.206 5047.096 5150.665 S 00 44 28 W 49.040 4998.060 5150.031 N 89 15 32 W 150.040 5000.000 5000.003 MISCLOSURE IS -.000 x -.003 S 81 48 43 W .003 5000.000 5000.000 417.006 DISTANCE TRAVERSED 125361 PRECISION AREA 8892 SF .2041 ACRES MAP CHECK LOT 5 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 53 11 E 87.000 5086.953 5002.864 S 67 49 26 E 107.230 5046.478 5102.162 RADIAL BEARING (IN AND OUT) S 79 08 35 E S 56 42 48 W 44 08 37 DELTA 50.000 RADIUS 38. 523 ARC 37.577 CHORD 20 .274 TANGENT TANGENT BRG (AT PC & PT) S 10 51 25 W S 33 1.7 12 E RADIUS POINT 5037.061 5151.267 PC TO PT S 11 12 53 E 37.577 5009.619 5109.470 S 56 42 48 W 19.720 4998.796 5092.985 N 89 15 32 W 93.000 4999.999 4999.993 MISCLOSURE IS .001 x .007 N 82 26 47 E .007 5000.000 5000.000 344.527 DISTANCE TRAVERSED 50539 PRECISION AREA 6848 SF .1572 ACRES ri MAP CHECK LOT 6 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 53 11 E 78.000 5077.958 5002.568 S 58 20 27 E 94.670 5028.269 5083.149 S 28 31 50 E 54.010 4980.818 5108.946 RADIAL BEARING (IN AND OUT) S 52 06 32 E N 79 08 35 W 27 02 03 DELTA 50 .000 RADIUS 23 .592 ARC 23 . 374 CHORD 12.020 TANGENT TANGENT BRG (AT PC & PT) S 37 53 28 W S 10 51 25 W RADIUS POINT 4950 .109 5148.4.05- PC TO PT S 24 22 27 W 23.374 4959.527 5099.300 N 67 49 26 W 107.230 5000.002 5000.002 MISCLOSURE IS --.002 x -.002 S 46 57 16 W .003 5000.000 5000.000 357.284 DISTANCE TRAVERSED 136432 PRECISION AREA 6773 SF .1555 ACRES MAP CHECK LOT 7 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 53 11 E 80.130 5080.087 5002.638 S 71 13; 51 E 101.630 5047.386 5098.863 S 1 24 53 W 85.000 4962.412 5096.765 S 28 31 50 E 52.740 4916.077 5121.955 RADIAL BEARING (IN AND OUT) S 28 31 50 E N 52 06 31 W 23 34 41 DELTA 50.000 RADIUS 20.576 ARC 20.431 CHORD 10.436 TANGENT TANGENT BRG (AT PC & PT) S 61 28 10 W S 37 53 29 W RADIUS POINT 4872.149 5145. 836 PC TO PT S 49 40 50 W 20.431 4902.857 5106.377 N 28 31 50 W 54.010 4950.308 5080.581 N 58 20 27 W 94.670 4999.997 . 4999.999 MISCLOSURE IS .003 x .001 N 21 47100 E .003 5000.000 5000.000 488.611 DISTANCE TRAVERSED 172113 PRECISION AREA 9990 SF . 2293 ACRES MAP CHECK LOT 8 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 S 1 24 53 W 85.000 4915.026 4997.901 S 28 31 50 E 52.740 4868.691 5023. 091 RADIAL BEARING (IN AND OUT) S 28 31 50 E N 11 27 08 E 39 58 58 DELTA 50. 000 RADIUS 34.892 ARC 34.188 CHORD 18. 190 TANGENT TANGENT BRG (AT PC & PT) N 61 28 10 E S 78 32 52 E RADIUS POINT 4824.762 5046.973 PC TO PT N 81 27 39 E 34.188 4873.767 5056.900 N 1 24 53 E 106.040 4979.775 5059.518 N 71 13 51 W 62.860 5000.000 5000.001 MISCLOSURE IS -. 000 x -.001 S 80 16 15 W .001 5000.000 5000.000 340.828 DISTANCE TRAVERSED 288690 PRECISION AREA 6509 SF .1494 ACRES MAP CHECK LOT 9 BEARING DISTANCE . NORTHING EASTING 5000.000 5000.000 N 1 24 53 E 106.040. 5106.008 5002.618 S 71 13 51 E .540 5105.834 5003.129 RADIAL BEARING (IN AND OUT) N 18 46 09 E S 13 43 36 W 5 02 33 DELTA 640.670 RADIUS 56 .384 ARC 56.366 CHORD 28.210 TANGENT TANGENT' BRG (AT PC & PT) S 71 13 51 E S 76 16 24 E RADIUS POINT 5712.435 5209.269 ?C TO PT 3 73 45 07 E 56.366 5090.063 5057.244 3 1 24 53 W 118.930 4971.169 5054.308 4 89 15 32 W 4.730 4971.230 5049.578 2ADIAL BEARING (IN AND OUT) J 00 44 28 E S 52 54 37 W 52 10 09 DELTA 25.000 RADIUS 22.763 ARC 21.985 CHORD 12.239 TANGENT 'ANGENT BRG (AT PC & PT) N 89 15 32 W N 37 05 23 W RADIUS POINT 4996.228 5049.902 PC TO PT N 63 10 27 W 21.985 4981.152 5029.959 RADIAL BEARING (IN AND OUT) S 52 54 37 W N 11 27 08 E 41 27 29 DELTA 50.000 RADIUS 36. 179 ARC 35.395 CHORD 18. 922 TANGENT TANGENT BRG (AT PC & PT) N 37 05 23 W N 78 32 52 W RADIUS POINT 4950. 999 4990.075 PC TO PT N 57 49 07 W 35.395 5000.003 5000.002 MISCLOSURE IS -.003 x -.002 S 35 53 12 W .004 5000.000 5000.000 343.986 DISTANCE TRAVERSED 91446 PRECISION AREA 6227 SF .1429 ACRES MAP CHECK LOT 10 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 24 53 E 118.930 5118.894 5002.936 RADIAL BEARING (IN AND OUT) N 13 43 36 E S 8 44 00 W 4 59 36 DELTA 640.670 RADIUS 55.834 ARC 55.817 CHORD 27. 935 TANGENT TANGENT BRG (AT PC & PT). S 76 161 24 E S 81 16 00 E RADIUS POINT 5741.265 5154.961 PC TO PT S 78 46 12 E 55.817 5108.024 5057.684 S 1 24 53 W 108.770 4999.287 5054.999 N 89 15 32 W 55.000 4999.998 5000.004 MISCLOSURE IS .002 x -.004 t.1 61 35 52 W .004 5000.000 5000.000 338.517 DISTANCE TRAVERSED 84437 PRECISION f AREA 6239 SF .1432, ACRES MAP CHECK LOT 11 BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 24 53 E 108.770 5108.737 5002.685 RADIAL BEARING (IN AND OUT) N 8 44 00 E S 3 47 44 W 4 56 16 DELTA 640.670 RADIUS 55.213 ARC 55.196 CHORD 27.624 TANGENT TANGENT BRG (AT PC & PT) S 81 16 00 E S 86 12 16 E RADIUS POINT 5741.979 5099.962 PC TO PT S 83 44 .08 E 55.196 5102.714 5057.552 S 1 24 53 W 103. 460 4999.286 5054.998 N 89 15 32 W 55.000 4999.997 5000.002 MISCLOSURE IS .003 x -.002 N 36 25 08 W .004 5000.000 5000.000 322.426 DISTANCE TRAVERSED 83997 PRECISION AREA 5814 SF .1335 ACRES MAP CHECK LOT 11.. BEARING DISTANCE NORTHING EASTING 5000.000 5000.000 N 1 24 53 E 103 .460 5103 .428 5002.554 RADIAL BEARING (IN AND OUT) N 3 47 44 E S 1 07 29 E 4 55 13 DELTA 640.670 RADIUS 55.018 ARC 55.001 CHORD 27. 526 TANGENT TANGENT BRG (AT PC & PT) S 8612 ,16E N885231E RADIUS POINT 5742 .693 5044 .964 PC TO PT S 88 39 52 E 55.001 5102.147 5057.540 S 1 24 53 W 102 .890 4999.288 5055.000 N 89 15 32 W 55.000 4999.999 5000.004 MISCLOSURE IS .001 x -.004 N 82 25 06 W .004 5000.000 5000.000 316.351 DISTANCE TRAVERSED 71306 PRECISION AREA 5653 SF .1298 ACRES **************************wwx**************************-********* City of Renton WA Reprinted: 03/13/96 12 :56 Receipt **************************************************************** Receipt Number: R9601068 Amount : 6, 369 . 12 03/13/96 12 :56 Payment Method: CHECK Notation: W.A. DEV. 1418 Init : JB Project # : LUA96-032 Type: LUA Land Use Actions Parcel No: 334210-3375 Location: NW CORNER OF ABERDEEN AND 28TH ST Total Fees : 7, 369 . 12 This Payment 6, 369 .12 Total ALL Pmts : 7, 369 . 12 Balance: . 00 **************************************************************** Account Code Description Amount 105 .400 . 00 .318 . 70 Park Mitigation Fee 6, 369 . 12 - I 1 r **************************************************************** City of Renton WA Reprinted: 03/12/96 13 :28 Receipt **************************************************************** Receipt Number: R9601042 Amount : 1, 000 . 00 03/12/96 13 :21 Payment Method: CHECK Notation: WA DEVELOP 1417 Init : JB Project # : LUA96-032 Type: LUA Land Use Actions Location: NW CORNER OF ABERDEEN AND 28TH ST Total Fees : 1, 000 . 00 This Payment 1, 000 . 00 Total ALL Pmts : 1, 000 . 00 Balance : . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0009 Final Plat 1, 000 . 00 • • w 'i•. • DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR a LA MESA THIS DECLARATION is made on this I S'f•- day of Fe b Ra41?Y 19 76 ,by the undersigned("Declarant")who is the owner of certain real property situated in the State of Washington, located in Section 8, Township 23 North, Range 5 East, W.M. City of Le 1 Renton,in King County,and known as the Plat of La Mesa. 3 1. DESCRIPTION OF DECLARATION • • • Declarant desires to develop La Mesa as a residential community. Declarant also desires to 8 : provide for the maintenance of landscaping, and related items, and also for maintenance of the Storm Water Retention Facility and Bio Filtration swale until such time as the City of Renton adopts an ordinance providing for public maintenance of said facilities. Cr) This Declaration establishes a plan for the private ownership of lots and the buildings constructed• i gthereon, for the dedication of certain areas to municipal corporations, and for the beneficial p maintenance through a nonprofit corporation of all the remaining land and related easements, m hereafter defined and referred to as the"Common Areas". The nonprofit corporation is the M LA MESA OWNERS ASSOCIATION("ASSOCIATION"), to which shall be delegated and • C assigned the duties and powers of maintaining and administering the Common Areas, administrating and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW,THEREFORE,Declarant hereby covenants, agrees, and declares that all of La Mesa, as defined herein and described in Exhibit A hereto, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value,desirability,and attractiveness of La Mesa for the benefit of the Owners thereof their heirs, successors,grantees, and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title or interest in La Mesa or any part thereof, and shill be for the benefit of the Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE I-DEFINITIONS Section 1.1-Architectural Control Committee "Architectural Control Committee" shall mean and refer to the duly appointed Committee of the Association as further described in Section 2.7 and as sometimes referred to herein as the "Committee". DEPARTMENT OF ASSESSMENTS Awe_ Esa ined and approved This day Gorr p/mB�S A.. Assessor Deputy Assessor • Z•'./ d/21 • • • • • • r(1 - t1 .'. 1. • • Section 1.2-Association "Association" shall mean and refer to the La Mesa Owners Association, a Washington nonprofit corporation,its successors and assigns. Section 1.3-Association Action "Association Action" (ACE) shall mean and refer to a written corporate action of the Association in the form of either a by-law or resolution duly passed by either the Board or the Owners. Section 1.4-Board "Board"shall mean and refer to the board of directors of the Association. Section 1.5-Building Setback Line "Building Setback Line" shall mean and refer to the various lines designated as "'BSBL" on the face of the final plat, short plat, or other analogous plan or map, beyond which no structures, filling,grading or other obstructions are permitted as set forth in Section 5.2 hereof Section 1.6-Common Areas "Common Areas"shall mean and refer to all easements and Tracts and any improvements thereto that are owned or maintained by the Association,for the benefit of the Lot Owners or the City of Renton,and subjected to this Declaration by an appropriate recording. O Section 1.7-Declarant "Declarant"shall mean and refer to La Mesa Joint Venture its successors and assigns. Section 1.8-Declaration . O CG "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.9-Development Period "Development Period shall mean and refer to that period of time beginning on the date of this Declaration and ending whenever any of the following first occurs: • (i) 4 years from the date hereof,or (ii) upon receipt of written notice from Declarant to the Association in which • Declarant elects to terminate the Development Period. Section 1.10-Governing Documents "Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and the Articles of Incorporation, Bylaws of the Association,rules and regulations, and rules and procedures of the Architecrura;Control Committee as any of the foregoing may be amended from time to time. • • • • • • • • Section 1.11-Meaning La Mesa shall mean and refer to that certain real property known as"La Mesa"which is indicated herein on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. Section 1.12-Lot "Lot" shall mean and refer to any legal segmented and alienable portion of La Mesa created through subdivision or any other legal process for dmding land and subjected to this Declaration by an appropriate recording,with the exception of dedicated rights of way and Tracts designated as Common Areas or reserved for access to a particular Lot or Lots. Section 1.13-Mortgage ' "Mortgage shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgages. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies,mortgage insurance companies,savings and loan associations,trusts,mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation,all corporations,and any agency or department of the United o States Government or of any state municipal government. O CO Section 1.14-Owner • c j "Owner"shall mean and refer to the recorded owner(whether one or more persons or entities)of O a fee interest in any Lot, including the Declarant and Participating Builders but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Section 1.15-Participating Builder "Participating Builder" shall mean and refer to a person or entity that acquires a portion of La Mesa for the purpose of improving such portion for resale to individual Owners. Section 1.16-Single Family "Single Family shall mean and refer to a single housekeeping unit that includes not more than 2 adults who are legally unrelated. Section 1.17-Supplementary Declaration "Supplementary Declaration" shall mean and refer to any recorded declaration of covenants, conditions,restrictions and easements which extends the provisions of this Declaration to a Phase. Section 1.18-Tract "Tract" shall mean and refer to any legally and alienable portion of La Mesa created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording,with the exception of Lots and dedicated rights of way. 3 1 n . . ARTICLE 2-LA MESA OWNERS ASSOCIATION Section 2.1-Description of Association The Association is a nonprofit corporation organized and existing under the Laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time;provided, however, that no Governing Documents other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2-Association Board -g During the Development Period the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may, from time to time, select a temporary board of not fewer than 3 persons who need not be Owners to manage the Association during the Development Period. The temporary board shall have the fill authority to manage the • Association under the Governing Documents and shall be subject to all provisions of the Governing Documents; provided that, after selecting a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or select a new temporary board. Upon termination of the Development Period,the terms of the temporary Board selected by the Declarant,if any,shall terminate and the Board shall manage the P Association as provided herein. The Board shall be elected from among the Owners, as provided N in the Bylaws of the Association. The Board shall elect officers of the Association from among O the Board members,which shall include a president who shall preside over meetings of the Board (A and meetings of the Association. M O Section 2.3-Votes Appurtenant to Lots Every Owner shall be a member of the Association and shall be entitled to cast one vote in the Association for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be separated from ownership of the Lot to which it relates;provided,however,that when more than one entity , holds the beneficial fee interest in any Lot the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one vote be,cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote • shall not be counted. If a Lot is further subdivided as provided in Section 5.1 hereof; the Owner of each additional Lot created shall be entitled to one vote in the Association for each Lot owned. Section 2.4-Initial Number of Votes From the commencement of the existence of the Association, there shall be a total of 12 outstanding votes in the Association. During the Development Period, the Declarant shall be entitled to cast 12 votes, less one vote for each Lot then owned by an Owner other than Declarant. 4 - • Section 2.5-Owner's Compliance with Governing Documents By acceptance of a deed to a Lot,(recording of a real estate contract conveying title to a Lot),or any other means of acquisition of an ownership interest,the Owner thereof covenants and agrees, •• on behalf of himself and his heirs,successors,and assigns,to observe and comply with all terms of the Governing Documents and all rules and regulations duly promulgated pursuant to Association Action. Section 2.6-Rules and Regulations The Board on behalf of the Association shall have the power to adopt, modify, and amend rules and regulation governing the use of La Mesa,provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including to but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become effective 30 days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules p) and regulations then in force shall be retained by the secretary of the Association. The Declarant • N on behalf of the Board may adopt the initial rules and regulations which are as follows: CO Rules&Regulations I. Interest on late payments shall be 1%of the due payment per month. 2. Compliance with covenants,conditions,&restrictions t Q 3. Monthly assessments shall be 5100.00 per month initially with one month paid in advance plus the Q) current month due upon closing. Section 2.7-Architectural Control Committee Within thirty (30) days of the execution of this Declaration, Declarant shall appoint an Architectural Control Committee of three(3)or more persons. The members of the Committee need not be members of the Association. One member of the Committee shall be appointed for a term of one(1) year, one member shall be appointed for a term of two (2)years, and the third member shall be appointed for a term of three(3)years. Thereafter, members of the Committee shall appoint members to the Committee, who need not be members of the Association, as • • vacancies occur. Section 2.7.1-Jurisdiction and Purpose The Committee shall review proposed plans and specifications for construction of all residences and other structures within La Mesa, and including any additions, exterior alterations, landscaping, clearing, painting and excavation. The Owner shall submit architectural and landscaping plans and specifications to the Committee for its review,together with a site plan for the Lot,including location and fencing. • • • Section 2.7.2-Approval procedures An application for approval must be submitted in writing by the Owner to the Committee at the registered office of the Association. The Committee shall review the application in accordance with the provisions of this Section 2.7 as soon as possible after a complete application has been filed. The decision of a majority of the members of the Committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee's files. All disapproved plans will be returned to the Owner. Section 2.7.3-Failure of Committee to Take Action Except as provided in Section 2.7.5 below,in the event that the Committee fails to respond to an Owner's complete and properly submitted application within twenty (20) days after the Committee has notified the Owner that the application is complete, formal written approval will not be required,and the provisions for approval shall be deemed to have been fiilly complied with, provided that the minimum requirements as set forth herein have been met. • Section 2.7.4-Committee's Obligation 03 The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in malting decisions concerning various plans, specifications,plot plans and C landscape plans submitted to it by various Owners for consideration in accordance with the . provisions of this Declaration. Further,the determinations of the Committee as to noncompliance. shall be in writing,signed by the Committee,and shall set forth in reasonable detail the reason for t"9 noncompliance. The Committee may approve, approve with conditions, or disapprove an • application or any part thereof In all cases, the ultimate responsibility for satisfying all local • building codes and governmental requirements rests with the Owner. The Committee shall be held harmless from building requirements not complied with. Section 2.7.5-Exemptions and Variances from Committee Requirements The Committee may, upon application, grant exemptions from the rules and procedures of the • Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvement or other matters which are desired by the applicant are aesthetically as appealing,suited to climatic conditions,and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider application for exemption or variance and shall render its decisions within thirty (30) days after notice to the Owner of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 2.7.6-Failure ar.Owner to Comply Failure of an Owner to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association's Board exercised after thirty (30) days written notice to such Owner, constitute a violation of this Declaration. In that event,the Board shall be empowered to assess a penalty commensurate with 6 • • • • .111111111 • the violation which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy at law including,but not limited to an action for specific performance. • ARTICLE 3-ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS Section 3.1-Owners Covenants to Pay Assessments By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association, in advance,all general and specific assessments levied as provided herein. Section 3.2-Association Budget The Association shall prepare, or cause the preparation of an operating budget for the -1 Association at least annually, in accordance with the generally accepted accounting principals. The operating budget shall set forth all sums required by the Association, as estimated by the Association to meet its annual costs and expenses, including but not limited to all management and administration costs,operating and maintenance expenses of the Common Areas,and services .. furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, and the cost of liability and other insurance on, the Common Areas, and including charges for any services furnished by or to the Association;the cost of utilities and , other services; and the cost of funding all reserves established by the Association. The finds � required to meet the Association's annual expenses shall be raised from a general assessment • N against each Owner as provided hereafter. The Association may revise the operating budget after p its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Cl Section 3.3-Initial Annual Budget • CD The La Mesa Owners Association initial annual budget shall be as follows: • Bookkeeping Fees: S1,500.00 • Postage: $32.00 Bank Fees: $36.00 Stationery. S 10.00 Other. S50.00 ' Landscape Maintenance: S11,520.00 Water Bill for Sprinkler. S700.00 Insurance: 3150.00 Legal&Accounting $300.00 Miscellaneous: S IO2.00 Total Estimated Budget: S14,400.00 (Per Lot Assessment/Year): S1,200.00 (Per Lot Assessment/Month): S 100.00 7 I • • 1 n • • Section 3.4-Levy of General Assessment hi order to meet the costs and expenses projected in its operating budget,the Association shall by Association Action determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall bathe amount of the Association's operating budget divided by the sum of the number of Lots. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least 30 days in advance of the beginning of such period and shall at that time prepare a roster of the owners and general assessments allocated to each,which shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that the notification to an Owner of the amount of assessment shall not be necessary to the validity thereof The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for that or the next period shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Owner from the obligation to pay the general assessment, or any installment thereof;for that or any subsequent assessment period, but the general assessment fixed for the preceding.period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period • for which such budget was prepared, the Association shall, if necessary, revise the general 0 assessment levied against the Owners and give notice to each Owner. UO jSection 3.5-Payment of General Assessment Upon Association Action, installments of general assessments shall be collected on a monthly, CID quarterly,semiannual, or annual basis. All Owners shall prepay one monthly installments on any assessment levied by the Association. Section 3.6-Nondiscriminatory Assessment Except as provided in Section 5.15 hereof; no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However,a special assessment may be made against an Owner by a two-thirds majority vote of the Board if; after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given,the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 3.7-Commencement of Assessments Liability of an Owner for Assessments shall commence on the first day of the month following the date upon which any instrument of transfer to such an Owner becomes operative(such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot or,if earlier, the first day of a calendar month following Owner's occupancy of such Lot);provided,however,that a Participating Builder shall not be liable for any assessments with respect to a Lot acquired from Declarant for a period of one year from the date of acquisition. The Declarant,its successors and assigns, shall not be liable for any assessments with respect to any Lot unless such Lot is occupied. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessments. 8 • • t n l • Section 3.8-Certificates of Assessment Payment Upon request,the Board shall furnish written certificates certifying the extent to which assessment. payments on a specific Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such a certificate. Section 3.9-Special Assessments in addition to the general assessments authorized by this Article, the Association may, by Association Action, levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate; provided, however, that any such special assessments in excess of$250 per Lot must have the prior favorable vote of two-thirds of the Owners. Section 3.10-Effect of Nonpayment of Assessment If any assessment payment is not made in full within 3b days after it was first due and payable,the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such • N due date at a rate set by the Board in its rules and regulations which shall not exceed the highest • OQ� rate then permitted by law. By acceptance of a deed to a Lot, recording of real estate contract therefor,or any other means of acquisition of an ownership interest,and whether or not it shall be so expressed in any such deed or other instrument,each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to the Declarant during the Development Period,the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire,hold,lease,mortgage,and convey the Lot foreclosed against. Section 3.11-Lien to Secure Payment of Assessment Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments, interest, costs, and attomey's fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or cnt:.y who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them;provided,however, that in the case of a sale or contract for the sale of any Lot which is charged with a payment of assessment,the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly 9 • installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or . duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.12-Suspension for Nonpayment of Assessment If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of 30 days, said Owner's voting rights shall without necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments,including interest thereon,are brought current and any other default is remedied. No Owner is relieved of liability for assessment by non-use of the Common Areas or • by abandonment of a Lot. Section 3.13-Reserves for Replacement As a common areas expense, the Association shall establish and maintain a reserve fund for replacement of the Common Areas and any improvements thereon. Such find shall be deposited with a banking institution. The reserve fund shall be expended only for the purpose of effecting nthe replacement of the Common Areas and any improvements and community facilities thereon. OGO The Association may establish such other reserves for such other purposes as it may from time to CD time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned,or transferred from the Lot to which it appertains. CO ' CI Section 3.14-Certain Areas Exempt The Tracts and all portions of La Mesa dedicated to and accepted by the City of Renton or other public authority shall be exempt from assessment by the Association. ARTICLE SUBORDINATION OF LIENS Section 4.1-Intent of Provisions , The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2-Mortgagee's Non liability The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge,nor for the observance or performance of any covenant or restriction,excepting only those enforceable by equitable relief and not requiring the payment of money,and except as hereafter provided. Section 4.3-Mortgagee's'tights During Foreclosure During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of Vie Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner's exercise of such rights and privileges. 10 • Section 4.4-Mortgagee as Owner At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by . the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration,including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5-Mortgagee's Title Free and Clear of Liens A Mortgagee or other secured party acquiring title to a secured Lot through foreclosure, deed in lieu of foreclosure,or equivalent method,shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration insofar as such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding,including the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as an expense of the Association pursuant to Section 3.2. Section 4.6-Survival of Assessment Obligation (7) After the foreclosure of a security interest in a Lot,any unpaid assessments shall continue to exist and remain as apersonal obligation of the Owner against j` whom the same was levied, and the Association shall use reasonable effort to collect the same from such Owner. 41-1 Section 4.7-Subordination of Assessment Liens The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase price security interest, and the Association will,upon demand,execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest,liens shall arise against the Lot for any assessment payment coming due after the date of completion of foreclosure. ARTICLE s-USE COVENANTS,CONDITIONS,AND RESTRICTIONS • Section 5.1-Authorized uses Lots in La Mesa shall be used solely for residential purposes and related facilities normally incidental to a residential community. Section 5.2-Approval of Building or Clearing Plans Required No building, fence, deck, patio,wall, kennel, or other structure shall be commenced, erected, or maintained upon a Lot or any other portion of La Mesa, nor shall any exterior additional to or change or alteration therein be made, nor shall a Lot be cleared or excavated for use, until after the details and written plans and specification showing the nature, kind, shape, height, materials, colors, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee. Any structure so approved must be completed as to external appearance, including exterior staining or painting, within nine (9) months after the date construction is commenced unless the Committee elects to grant an extension. Although the • 11 • • Committee shall have full authority to approve or disapprove of any specific proposal. the following restrictions shall apply to La Mesa in general: s Section 5.2.1-Building Setbacks No structures, filling, grading or obstruction, shall be permitted beyond the Building Setback Line,as per the City of Renton requirements, or within any drainage easement area as shown on the face of the final plat unless otherwise approved by the Committee and by the City of Renton. . Section 5.2.2-Building Materials Each home constructed on a Lot shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items. All visible masonry shall be native stone,brick or stucco. The street side elevation of each home shall be finished with LP lap siding or an equivalent to be approved by the Architectural Control Committee. Aluminum, vinyl or "T-111" siding are not permitted. LP panel siding may be used on sides and backs of homes, except on corner Lots where the side of the house faces the street. All windows facing the street must be finished on the exterior with cedar or other decorative trim to be approved by die Architectural Control Committee. Roofs on all buildings must be finished with 25 year dimensional composition roofing, charcoal gray in • color, unless written approval is granted by the Architectural Control Committee; no flat roof shall be allowed. Exterior colors must be approved by the Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters, and exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the t7 exterior of the structure they adjoin. (Generally, colors shall be muted earth tones;gray, beige, and similar shades.) CO Section 5.2.3-Landscaping and Fencing • Front yards shall be fully landscaped within nine (9) months after the date construction of the home commences unless extended by the Committee. Side yards and rear yards shall be landscaped within 12 months of the home completion. No fence erected within La Mesa shall be over six(6) feet in height. No barbed wire, chain link, or corrugated fiberglass fences shall be erected on any Lot. No fence of any kind shall be permitted in the front setback area. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the • Committee prior to construction. Section 5.2.4-Floor Area Only one Single Family home not to exceed two(2)stories in height plus basement and a private garage shall be permitted on each Lot. If a home is built on a Lot,it must include a garage for not less than two(2)cars which is fully enclosed. All garages must be attached(no carports). The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, or for the storage of a boat and/^-crntping trailer kept for personal use, provided the location of such structures is in conformity with the applicable municipal regulations, is compatible in design and decoration with the residence constructed on such Lot and has been approved by the Architectural Control Committee. The minimum allowable square footage of any residence within La Mesa shall be as follows: Rambler homes shall include no less than 1500 square feet of living space. Two story homes shall include no less than 1500 square feet of living space. "Living • 12 • • 1 0 • . • • space" shall not include porches, decks, balconies, garages, or outbuildings. The Architectural Control Committee may accept variances from the floor area requirements of this Subsection. • Section 5.2.5-Contractor No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without prior written approval of the Architectural Control Committee, Section 5.2.6-Driveways All driveways and parking areas shall be paved with exposed aggregate concrete, blacktop, or other material approved by the Architectural Control Committee. Section 5.3-Leasing Restrictions • No Lot may be leased or rented by any party for a period of fewer than 30 days, nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents of'the Owners Association. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease,whether or not it is so expressed therein. 0) Other than the foregoing,there is no restriction on the right of any Owner to lease his Lot. N Section 5.4-Animals No animals, livestock, or poultry of any kind shall be raised, bred, or kept on Lots: provided 4-4 however,that dogs,cats, or other conventional small household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Association shall have the authority to determine Cd whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Owner's Lot, pets within La Mesa must be leashed and accompanied by a person responsible for cleaning up any animal waste. Section 5.5-Commercial Uses No commercial enterprise, including itinerant vendors, shall be permitted on any Lot: provided, however, that the Association may permit specific home occupations to be conducted if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the La Mesa commimity; and provided further that no signs or advertising devises of any character shall be permitted. Section 5.6-Vehicle Storage All vehicles must be parked Laide a garage. No storage or parking of vehicles, boats, trailers, recreational vehicles or other equipment shall be permitted in open view of any Lot or on the street. This shall not apply to temporary (less than 24 hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lot. Upon 48 hours notice to the owner of an improperly parked or stored vehicle,boat,or other equipment,the Association has authority to 13 • • • • 1 n • have removed at the Owner's expense any such items visible from the street that are parked on any Lot or within the public right-of-way for more than 24 hours. Section 5.7-Garbage No garbage, refuse, or rubbish shall be deposited or left in La Mesa, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash,refuse,or scrap of any kind shall be permitted. Section 5.8-Utilities Underground Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance,no water pipes, sewer pipe,gas pipe, drainage pipe,telephone,power, or television cable or similar transmission line shall be installed or maintained above the surface of the ground. • Section 5.9-Signs Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant and participating Builders, or agents or contractors CI thereof or the Association, no signs or advertising devises of any character shall be posted or displayed in La Mesa:provided,that one temporary real estate sign not exceeding 6 square feet in Carea may be erected upon any Lot or attached to any residence placed upon the market for sale or tX) lease. Any such temporary real estate sign shall be removed promptly following the sale or rental r•1 of such Lot or residence. Political signs shall be allowed provided they are removed immediately after the election for which they were intended. C Section 5.10-No Obstruction Easements No structure, planting, or other material shall be placed or permitted to remain upon La Mesa which may damage or interfere with any easement or the installation or maintenance of utilities,or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative.planting, structure, or fence may be maintained within an easement area unless specifically approved by the Architectural Control Committee. Section 5.11-Antennae • No external short-wave or citizens'band antennae,freestanding antennae towers,TV antennae,or satellite reception dishes of any kind shall be permitted in La Mesa. Section 5.12-Owners'Maintenance Responsibilities The maintenance,upkeep, and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof and in no way shall be the responsibility of the Association, its agents, officers or directors except the association will maintain the front setback area including watering,and the bio-filtration swale on lots 4 Aid. Owners shall maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation to the foregoing,each Owner shall be obligated to keep his Lot and home in a clean,sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and in a manner comparable to that of the other Lots in La Mesa. No storage of firewood shall be permitted in front yards. After-thirty(30)days'written notice to an Owner from the Association • 14 • of such Owner's failure to so maintain his home or Lot, and after approval of a two-thirds majority vote by the Board or other Association committee to which such oversight responsibility . shall have been delegated,the Association shall have the right,through its agents and employees, to enter upon any Lot which has been found to violate the foregoing standards in order to restore the home or Lot to such standards. The cost of such work shall be a special assessment on such Owner and his Lot only. Unless accepted by the City of Renton and during the two-year maintenance period,the Owner of each Lot must inspect the curb,gutter, sidewalk and driveway in front of their Lot on a regular basis. If damage has occurred prior to purchase, the Declarant or previous Owner is responsible. After purchase,the Owner is responsible for any damage to the curb, gutter, sidewalk and driveway in front of that Lot and shall be responsible for the repair of -1 that damage to the satisfaction of the City of Renton. -1 Section 5.13-Nuisances Prohibited No noxious or offensive activity shall be conducted in any portion of La Mesa,nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County, or any other applicable governmental entity. Nothing shall be done or maintained on any portion of La Mesa which may be or become an annoyance or nuisance to the neighborhood or detract from the value of La Mesa comnnmity. The Association shall determine • by Association Action whether any given use of a Lot or living unit unreasonably interferes with (rt� the rights of the other Owners to the use and enjoyment of their respective Lots and Living Units, 4-1 or of the Common Areas,and such determination shall be final and conclusive. Section 5.14-Relief from Certain Provisions In cases where an Owner has made a factual showing that strict application of the provisions of Sections 5.4, 5.5, 5.6, 5.10, and 5.12 only of this Article(regulating animals, commercial uses, vehicle storage, signs and antennae, respectively)would work a severe hardship upon him, the Board by Association Action may grant the Owner relief from any such provisions: provided, however, that such relief shall be limited by its scope or by conditions to only that necessary to relieve the hardship: and provided father, that no such relief shall be granted if the condition thereby created would in the reasonable judgment of the Board violate the provisions of Section 5.14 of this Article. The decision of the Board in grating or denying such relief shall be final and conclusive. ARTICLE 6-COMMON AREAS The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance,repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action to promote the recreation,health,safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. The association shall always have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. ' 15 • • „ • • • Section 6.1-Right of Way Maintenance The Association shall maintain the Right of Way of NE 28th St.from the Westerly edge of the NE • 28th P1 Right of Way half street to the West property line of the plat;and from the North edge of pavement on NE 28th St. to the South property line of the plat. ARTICLE 7-INSURANCE:CASUALTY LOSSES;CONDEMNATION Section 7.1-Insurance Coverage The Association shall obtain and maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington required to provide: • • Section 7.1.1-General Comprehensive Liability Insurance General comprehensive liability insurance insuring the Association, the Owners, and Declarant against any liability to the public or the Owners and their guests, invitees, licensees, or tenants, incident to the ownership or use of the Common Areas. • • " Qy Section 7.1.2-Other Insurance CSuch other insurance as the Association deems advisable. m ARTICLE 8-ENFORCEMENT Section 8.1-Right to Enforce '• �# to The Association, Declarant, or any Owner, shall have the right to enforce, by any appropriate C) proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and i :. • charges now or hereafter imposed by the provisions of this Declaration. Failure or forbearance by ' •ry any person or entity so entitled to enforce the provisions of this Declaration to pursue ,: enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 8.2-Remedies Cumulative Remedies provided by this Declaration are in addition to,cumulative with, and are not in lieu other remedies provided by the law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedies by en action at law or exclusively by recovery of damages. Section 8.3-Covenants Running with the Land . The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions • • contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of La Mesa, their heirs, }� executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. 16 IDYL ARTICLE 9-AMENDMENT AND REVOCATION . Section 9.1-Amendment by Declarant or Association It will be prohibited to amend these CC&.Rs eliminating the maintenance responsibility for the biofiltration swale and any other improvements required by the city to be maintained by the owners otherwise the declarant may,on its sole signature,during the Development Period,amend this Declaration and record one or more Supplementary Declarations to extend the provisions of this Declaration to additional Phases which consist of adjacent real property owned by Declarant, its successors or assigns. Upon the recording of a Supplementary Declaration, the Governing Documents shall immediately become applicable to the real property described herein. This Declaration may also be amended at any time by an instrument executed by the Association for and on behalf of the Owners, provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 60 percent of the total outstanding votes in the • Association;and provided,further,that no such amendment shall be valid during the Development - • Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of 51 percent of all Mortgagees who have requested from the 01 Association notification of amendments shall be required for any material amendment to the :;; c Declaration or the Association's Bylaws of any of the following: voting rights; assessments; %ti N assessment liens, and subordination of such liens; reserves for maintenance, repair, and ,, .. CO replacement of Common Areas; insurance or fidelity bonds; responsibility for maintenance and . � repair;reallocation of interest in the Common Areas, or rights to their use;convertibility of Lots • • C7 into Common Areas;leasing of Lots other than as set forth herein;imposition of any restrictions 3 e O V on the right of an Owner to sell or transfer his Lot;a decision by the Association to establish self- management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the La Mesa Owners Association after r: substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. • Section 9.2-Effective Date Amendments shall take effect only upon recording with the King County Department of Records and Elections or any successor recording office. • ARTICLE 10-GENERAL PROVISIONS Section 10.1-Taxes Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against this Lot, or personal property located on or in the Lot. Section 10.2-Transfer of Certain Utilities Utility Repair Easement. Declarant, and the Association alter the Development Period, may transfer and convey any sewer, water, storm drainage, or other general utility in La Mesa to a public body for ownership and maintenance, together with any necessary easements relating thereto,and each Lot shall become burdened and benefited thereby. • 17 Section 10.3-Non-Waiver No waiver of any breach of this Declaration shall constitute a waiver of any other breach,whether . of the same or any other covenant,condition,or restriction. Section 10.4-Attorneys' Fees In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to enforce or to foreclose a lien,the unsuccessful party in such suit shall pay to the prevailing party all costs and expenses, including title reports, and all attorney's fees that the prevailing party has incurred in connection with the suit or action,in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorney's fees incurred with any appeal from the decision of a trial court or any intermediate appellate court. -• Section 10.5-No Abandonment of Obligation • No Owner,through his non-use of any Common Area, or by abandonment of his Lot,may avoid or diminish the burdens or obligations imposed by this Declaration. • • Section 10.6-1nterpretation The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, Ncontent or intent of this Declaration or any pares of this Declaration. Section 10.7-Severability Invalidation of any one of these covenants, conditions, restrictions, or provisions by judgment or ::�. G court order shall in no way affect any other of the same,all of which shall remain in full force and CA effect. (7) Section 10.8-Notices All notices, demands, or other communications("Notice?)permitted or required to be given by • this Declaration shall be in writing and, if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date after the date of mailing thereof or on the date of actual receipt, if sooner;otherwise, Notices shall be deemed given on the date of actual receipt. Notice to any Owner may be given at any Lot owned by such an • Owner,provided, however, that an Owner may from time to time by Notice to the Association designate such other place or places or individuals for the receipt of future notices. If there is more than one Owner of a Lot,Notice to any one such Owner shall be sufficient. The address of the Declarant and of the Association shall be given to each Owner at or before the time he becomes as Owner. If the address of the Declarant or the Association shall be changed, Notice shall be given to all Owners. Section 10.9-Applicable Law This Declaration shall be construed hi all respects under the laws of the State of Washington. 18 • • In witness whereof, the undersigned Declarant has executed this Declaration the day and year first above written. La Mesa Joint Venture • a t Schaefer" Auth�i`�ed Perry • Individual: • STATE OF WASHINGTON ) )ss, County of King ) . CD I certify that I know or have satisfactory evidence that Walt Schaefer is the person who appeared before me and said person acknowledged that he signed this instrument,on oath stated that he was ' • authorized to execute the instrument and acknowledged it to be a free and voluntary act of La Mesa Joint Venture for the uses and purposes mentioned in this instrument. 51 r n/ Given under my hand and official seal this 1 day of rg9 sLUA Y ,19 • �7a Notary Public in and for the State of Washington ' • residing at:/eFNr 1/1.,e/4 =• 19 , EXHIBIT "A" LA MESA LEGAL DESCRIPTION Cr) • . r N • N r O Lots 1,2,3,4,5,6,7,8,9, 10, 11,& 12 of La Mesa,La Mesa Plat as they are recorded. C7 ,. O fz Q, • f; t • s 20 • rVY �. O G 0 ® •i ♦ ♦ • CITY OF RENTON GUIDE SHEET NAME OF DEPARTMENT (/ ele_r K5 TITLE OF RECORD 1G61,_ L ROLL NUMBER 0 DATE OF RECORDS /9 j Lo BEGINNING NUMBER/NAME o54- c-00// ENDING NUMBER/NAME fi°- DATE OF RECORDS 19 DATE MICROFILMED 64 on CAMERA C lfi� i G /JZ) CAMERA OPERATOR '/C 1055 South Grady Way—Renton, WA 98055—(425) 430-6510 00m.(j' Y CITY OF RENTON CITY OF RENTON COUNTY OF KING STATE OF WASHINGTON Microfilm, Roll No. J9' I, L of2 i ,4. /7/&0 , certify the following: That the documents and papers appearing on this roll of film are true and correct copies of the originals. That the microfilming of the papers and documents as aforesaid was done pursuance of, and in conformance with, provisions of the statutes as these cases may provide for as they appear in RCW 40.10.010 of the Revised Code of Washington. Signed (044 Date 1055 South Grady Way, Renton,WA 98055—(425) 430-6510