HomeMy WebLinkAboutL_Weston North_CCRs_170927_v3
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After Recording Return to:
Weston Heights, LLC
Attn: Jeffrey E. Hamilton
15 Lake Bellevue Drive, Suite 102
Bellevue, WA 98005
____________________________________________________________________________
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
WESTON HEIGHTS NORTH SHORT PLAT
Grantor: Weston Heights, LLC, a Washington limited liability
company
Grantee: Weston Heights, LLC, a Washington limited liability
company;
Weston Heights Homeowners Association, a Washington
non-profit corporation
Abbreviated Legal Description: Lots 2 through 6 and Tracts A, B, C and D, of Weston
Heights North Short Plat, King County Recording No.
________________.
Full legal description on Exhibit A.
Assessor’s Property Tax Parcel/
Account Number:
112305-9002
DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR WESTON HEIGHTS NORTH SHORT PLAT
THIS DECLARATION is made on the date set forth below by Weston Heights, LLC,
a Washington limited liability company (“Declarant”).
RECITALS
A. Declarant is the owner of that certain real property located in King County,
Washington, and more particularly described in Article 2 of this Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family housing
(as “single family” is defined below) and related uses as set forth in Section 6.2 hereof.
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NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the
covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth,
which are for the purpose of protecting the value and desirability of, and which shall run with
the title to, the real property hereby or hereafter made subject hereto, and shall be binding on
all persons having any right, title, or interest in all or any portion of the real property now or
hereafter made subject hereto, their respective heirs, legal representatives, successors,
successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or
any portion thereof.
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have the following
meanings:
1.1.1 “Association” shall mean the Weston Heights Homeowners’
Association, a Washington nonprofit corporation, its successors and assigns.
1.1.2 “Board of Directors” or “Board” of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington law.
1.1.3 “Builder” means any residential homebuilder who purchases a Lot from
Declarant for the purpose of constructing a Single Family Home on such Lot.
1.1.4 “Bylaws” shall refer to the Bylaws of the Weston Heights
Homeowners’ Association.
1.1.5 “Common Areas” shall mean any and all real and personal property and
easements and other interests therein, together with the facilities and improvements located
thereon as designated on the Plat (as defined below) or as otherwise conveyed to the
Association for the common use and enjoyment of the Owners. Specifically, the Common
Areas include Tracts A and B, which are critical areas and open space, Tract C, which is open
space, and Tract D, which is a private road. The Association shall maintain the Common
Areas including landscaping and trees within the open space.
1.1.6 “Community” shall mean and refer to that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by Declarant
by Supplementary Declaration.
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1.1.7 “Community-Wide Standard” shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may be
more specifically determined by the Board of Directors. Such determination, however, shall
generally be made with reference to the standards originally established by the Declarant.
1.1.8 “Declarant” shall mean and refer to Weston Heights, LLC, and its
successors-in-title and assigns, provided any such successor-in-title or assign shall acquire for
the purpose of development or sale all or any portion of the remaining undeveloped or unsold
portions of the real property described in Article 2; provided, further, such successor
Declarant shall hold exclusively all rights of the former Declarant in and to such status as
“Declarant” hereunder and the rights of Weston Heights, LLC, shall cease, it being understood
that as to all of the property described in Article 2, which is now subjected to this Declaration,
there shall be only one “Declarant” hereunder at any one point in time.
1.1.9 “Development Period” shall mean that period of time beginning on the
date this Declaration is recorded in the records of King County and ending on the earliest to
occur of (i) ten (10) years from the date of recording of this Declaration; or (ii) the date
Declarant elects, at a special meeting of the Association in accordance with the Bylaws, to
transition the management of the Association from the Declarant to the Owners, or (iii) the
date that the Declarant has conveyed the last Lot which was owned by the Declarant in the
Community.
1.1.10 “Governing Documents” shall mean and refer to this Declaration, the
Articles of Incorporation (if any) and Bylaws of the Association, and rules and regulations (if
any) of the Community adopted by the Board, as any of the foregoing may be amended from
time to time.
1.1.11 “Landscape Plan” shall mean the landscape plan approved by the City
of Renton at the time of approval of the Plat which the Association shall maintain in its
records, and any amendments or replacements of that landscape plan which have been
approved in each instance by the City of Renton.
1.1.12 “Lot” shall mean any plot of land within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.13 “Mortgage” means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation. A “First Mortgage” means a
Mortgage having first lien priority over any other Mortgages.
1.1.14 “Mortgagee” shall mean the holder of a Mortgage.
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1.1.15 “Occupant” shall mean any Person occupying all or any portion of a
Single Family Home or other property located within the Community for any period of time,
regardless of whether such Person is a tenant or the Owner of such property.
1.1.16 “Owner” shall mean and refer to the record owner, whether one or more
Persons, of the fee simple title to any Lot located within the Community, excluding, however,
any Person holding such interest merely as security for the payment or satisfaction of an
obligation.
1.1.17 “Person” means any natural person, as well as a corporation, joint
venture, partnership (general or limited), association, trust, or other legal entity.
1.1.18 “Plat” means the recorded Weston Heights North Short Plat referenced
in Article 2 below.
1.1.19 “Single Family” shall mean a single housekeeping unit, without regard
to the construction type or ownership of such unit, that includes not more than four (4) adults
who are legally unrelated.
1.1.20 “Single Family Home” shall mean a home intended for occupancy by a
Single Family which is constructed on a Lot in accordance with this Declaration.
1.1.21 “Supplementary Declaration” means an amendment or supplement to
this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
1.1.22 “Total Association Vote” means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the recording of this
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this Declaration is the real property described on attached
Exhibit A.
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ARTICLE 3
WESTON HEIGHTS HOMEOWNERS’ ASSOCIATION
3.1 Description of Association. The Association may, at the election of the
Declarant or the Association, be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with the
duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be inconsistent
with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove any
member or members of the Board of Directors or any officer or officers of the Association
until termination of the Development Period. Each Owner, by acceptance of a deed to or
other conveyance of a Lot, vests in Declarant the authority to appoint and remove directors
and officers of the Association during the Development Period. The directors selected by the
Declarant need not be Owners. The number of directors shall be as set forth in the Bylaws.
Following termination of the Development Period, the Board of Directors shall be elected by
the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to this
Declaration shall be deemed to have a membership in the Association and membership in the
Association shall consist exclusively of such owners. The foregoing is not intended to include
Persons who hold an interest merely as security for the performance of an obligation, and the
giving of a security interest shall not terminate the Owner’s membership. No Owner, whether
one or more Persons, shall have more than one (1) membership per Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. The rights and privileges
of membership, including the right to vote and to hold office, may be exercised by a member
or the member’s spouse, but in no event shall more than one (1) vote be cast nor office held
for each Lot owned.
3.4 Voting. Members shall be entitled to one (1) vote for each Lot owned. When
more than one (1) Person holds an ownership interest in any Lot, the vote for such Lot shall be
exercised as those Owners themselves determine and advise the Secretary prior to any
meeting. In the absence of such advice, the Lot’s vote shall be suspended in the event more
than one (1) Person seeks to exercise it.
3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or is
approved in accordance with this Section, or as is otherwise expressly permitted herein. Any
such construction, alteration, addition, refurbishing, or erection shall not be made unless and
until plans and specifications showing the nature, kind, shape, size and height, architectural
design and detail, materials, workmanship, colors, location on site, improvement and site
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grade elevations, and site landscaping shall have been submitted in writing to and approved by
the Architectural Control Committee (the “ACC”) established pursuant to this Section 3.5.
The Board may employ architects, engineers, or other Persons as it deems necessary to enable
the ACC to perform its review. Written design guidelines and procedures (“Design
Guidelines”) may be established by the Board for the exercise of this review, which Design
Guidelines may provide for a review fee. Copies of the Design Guidelines shall be available
to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1) nor more than five (5)
members, who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right to appoint or
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing of
such right, the Board shall appoint the members of the ACC, however the ACC shall include
two members of the Board.
3.5.2 Members of the ACC shall not be entitled to compensation for services
performed pursuant to this Section 3.5. The Association shall defend, indemnify, and hold
each members of the ACC harmless for any liability incurred while serving as a member of
the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled to
stop any construction in violation of approved plans or this Declaration.
3.5.4 Plans and specifications are not approved for engineering or structural
design or quality of materials, and by approving such plans and specifications, neither the
ACC, the members thereof, nor the Association assumes liability or responsibility therefor,
nor for any defect in any structure constructed from such plans and specifications. Neither
Declarant, the Association, the ACC, the Board, nor the officers, directors, members,
employees and agents of any of the them, shall be liable for damages to anyone submitting
plans and specifications to any of them for approval, or to any Owner or property affected by
these restrictions by reason of mistake in judgment, negligence or nonfeasance arising out of
or in connection with the approval or disapproval or failure to approve or disapprove any such
plans or specifications. Every person who submits plans or specifications and every Owner
agrees that such person or Owner will not bring any action or suit against Declarant, the
Association, the ACC, the Board, or the officers, directors, members, employees, and agents
of any of them to recover any damages, and hereby releases, remises, quitclaims, and
covenants not to sue for all claims, demands, and causes of action arising out of or in
connection with any judgment, negligence, or nonfeasance, and hereby waives the provisions
of any law which provides that a general release does not extend the claims, demands, and
causes of action no known at the time thee release is given.
3.6 Bylaws, Rules and Regulations. The Board on behalf of the Association shall
have the power to adopt, modify, and amend bylaws, rules and regulations governing the
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Community, provided that such bylaws, rules and regulations shall not be inconsistent with
this Declaration and 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 or fines for their violation. Any such bylaws, rules
and regulations shall become effective thirty (30) days after promulgation and shall be mailed
to all Owners prior to their effective date. A copy of the bylaws, 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 bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used
for the general purposes of promoting the recreation, health, safety, welfare, common benefit,
and enjoyment of the Owners and occupants of Lots, including the maintenance of real and
personal property, all as may be more specifically authorized from time to time by the Board
of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to the Association: (i) annual assessments or charges;
(ii) special assessments, such assessments to be established and collected as hereinafter
provided; and (iii) specific assessments established pursuant to the terms of this Declaration,
including, but not limited to, reasonable fines imposed in accordance with the terms of this
Declaration.
4.2.1 All such assessments, together with (i) late charges, (ii) interest set by
the Board, not to exceed the maximum rate permitted by law (but not to exceed twelve percent
(12%) per annum), and (iii) costs, including, without limitation, reasonable attorneys’ fees
actually incurred, shall be a charge on the land and shall be a continuing lien upon the Lot
against which each assessment is made. Assessments shall accrue on each Lot from the date
provided in Section 4.10 below.
4.2.2 Each such assessment, together with late charges, interest, costs,
including, without limitation, reasonable attorneys’ fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the assessment
fell due. Each Owner shall be personally liable for the portion of each assessment coming due
while the Owner of a Lot, and each grantee of an Owner shall be jointly and severally liable
for such portion thereof as may be due and payable at the time of conveyance; provided,
however, the liability of a grantee for the unpaid assessments of its grantor shall not apply to
the holder of any First Mortgage taking title through foreclosure proceedings or deed in lieu of
foreclosure.
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4.2.3 The Association shall, within five (5) business days after receiving a
written request therefor and for a reasonable charge, furnish a certificate signed by an officer
of the Association setting forth whether the assessments on a specified Lot have been paid.
Such certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
4.2.5 Notwithstanding the provisions set forth above, the Declarant shall not
be liable for any assessments.
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt a
budget covering the estimated costs of operating the Association during the coming year and
the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments against
each Lot for the following year to be mailed to each Owner. For calendar years after 2017, the
Board shall set a date for a special meeting of the Owners to consider ratification of the
budget within thirty (30) days after adoption by the Board and not less that fourteen (14) nor
more than sixty (60) days after the mailing of the proposed budgets and assessments. Unless
at such meeting the budget is rejected by at least seventy-five percent (75%) of the Total
Association Vote, in person or by proxy, the budget shall be ratified, whether or not a quorum
is present. In the event the proposed budget is rejected or the required notice is not given, the
budget in effect for the then current year shall continue in effect until the Owners ratify a
subsequent budget.
4.4 Initial Assessment Amount. Upon the sale of each Lot by the Declarant
(whether to Builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot,
shall pay an initial start-up assessment to the Association in the amount of $1,000.00 (“Initial
Assessment”). If the first sale of a Lot is to a Builder, the Builder shall be entitled to collect
reimbursement of the Initial Assessment from the first purchaser of a Lot developed with a
completed Single Family Home. The Initial Assessment in this Section 4.4 shall be in
addition to any annual assessment provided for in this Article 4 and shall be for the purpose of
reimbursing the Declarant and/or Association for maintenance and operating expenses of and
for the Common Areas during the initial development and house sales period.
Notwithstanding the provisions set forth above, the Declarant shall not be liable for any Initial
Assessments assessed or due so long as Declarant owns any Lot. The Board shall create
reserve accounts for anticipated expenses for repairs, replacements, and improvements which
will occur in the future in order to accumulate sufficient funds to pay such expenses when
they occur. The operation of reserve accounts and assessments for reserve accounts shall be
further governed by the Bylaws.
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4.5 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a meeting
of the Owners to consider ratification of the revised budget and assessments in the same
manner as the regular annual budget as set forth in Section 4.3 above.
4.6 Special Assessments. In addition to the other assessments authorized herein,
the Association may levy special assessments from time to time including for the cost of
capital improvements; provided, however, any assessment for the purchase of property or for
the addition to or improvement of the Common Areas which exceeds $5,000 shall require the
approval of Owners holding a majority of the Total Association Votes. Special assessments
shall be paid as determined by the Board, and the Board may permit special assessments to be
paid in installments extending beyond the fiscal year in which the special assessment is
imposed.
4.7 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys’ fees actually incurred, as provided herein, shall be secured by a lien on
such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Lot, except for (a) liens for ad valorem taxes; or (b) liens for all sums
unpaid on a First Mortgage or on any Mortgage to Declarant duly recorded in the records of
King County and all amounts advanced pursuant to such Mortgage and secured thereby in
accordance with the terms of such instrument. All other Persons acquiring liens or
encumbrances on any Lot after the recording of this Declaration shall be deemed to consent
that such liens or encumbrances shall be inferior to future liens for assessments, as provided
herein, whether or not prior consent is specifically set forth in the instruments creating such
liens or encumbrances.
4.8 Effect of Nonpayment of Assessments; Remedies of the Association. Any
assessment or installment thereof delinquent for a period of more than ten (10) days shall
incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not paid
within ten (10) days following the due date. If the assessment is not paid within thirty (30)
days, a lien, as herein provided, shall attach and, in addition, the lien shall include interest set
by the Board from time to time, on the principal amount due, late charges, costs of collection,
including, without limitation, reasonable attorneys’ fees actually incurred, and any other
amounts provided or permitted by law.
4.8.1 In the event that the assessment remains unpaid after sixty (60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
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foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.8.2 The lien provided for in this Article shall be in favor of the Association
and shall be for the benefit of all other Owners. The Association, acting on behalf of the
Owners, shall have the power to bid on the Lot at any foreclosure sale or to acquire, hold,
lease, mortgage, or convey the same.
4.8.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including, by way of illustration, but not limitation,
abandonment of the Lot.
4.8.4 All payments shall be applied first to costs, then to late charges, then to
interest and then to delinquent assessments.
4.9 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 thirty (30) days, said
Owner’s voting rights shall, without the 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 assessments by non-use of the Common Areas or by
abandonment of a Lot.
4.10 Date of Commencement of Assessments. Assessments shall accrue on the
earlier of the date which is (i) two (2) years from the recording of this Declaration, or (ii) at
the closing of the first sale of a Lot by the Declarant (whether to a Builder or otherwise).
4.11 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant to
this Section 4.11 as, in its discretion, it shall deem appropriate. All other terms and conditions
of this Article 4 relating to general and special assessments shall apply to the levy and
collection of the specific assessments covered hereby and the Association shall have all
powers and remedies for collection and enforcement of such assessments as are applicable to
the general and special assessments set forth above. Fines levied pursuant to Section 11.1 of
this Declaration and the costs of maintenance performed by the Association for which the
Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be specific
assessments.
4.12 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
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ARTICLE 5
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Maintenance of the Common Areas. The Association shall maintain and
keep in good repair the Common Areas including storm drainage facilities, private roads and
critical areas (Tracts A, B, C, and D) and any Common Areas acquired by the Association in
the future. The Association shall also maintain all other facilities serving the Community not
dedicated to or maintained by a public entity. The foregoing maintenance shall be performed
consistent with the Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the right,
but not the obligation, to maintain other property, whether or not owned by the Association
and whether within or without the Community, where the Board has determined that such
maintenance would benefit all Owners. Without limiting the foregoing, the Association shall
have the right, but not the obligation, to maintain the landscaped areas within Road A.
Without limitation of the foregoing, the Association may enter into a joint maintenance
agreement with adjoining property owners or associations for the repair, maintenance and
replacement of any shared facilities or other property.
5.3 Damage Caused by Owner. In the event that the Association determines that
the need for maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perform such
maintenance, repair or replacement at such Owner’s sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is subject
and shall become a lien against the Lot of such Owner.
5.4 Owner’s Responsibility. Subject to Sections 5.1, 5.2 and 5.3 above, each
Owner shall have the following maintenance obligations which shall be performed consistent
with the Community-Wide Standard:
5.4.1 Each Owner shall maintain, repair and replace all structures (including
the Single Family Home), parking areas, landscaping, and other improvements on such
Owner’s Lot, and the landscaping on any area fronting such Owner’s Lot;
5.4.2 Each Owner shall maintain, repair and replace those drainage facilities
benefiting such Owner’s Lot which are located within those easement areas described under
the “Easement Provisions” on Sheet 5 of the Plat.
5.4.3 Each Owner shall maintain and replace as necessary all landscaping
installed by Declarant pursuant to the landscaping plan which is either on or abuts such
Owner’s Lot.
5.4.4 Each Owner shall maintain, repair and replace in uniform appearance
any perimeter fencing for such Owner’s Lot. The Owners of Lots which share a common
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boundary shall jointly maintain any perimeter fencing along that common boundary and shall
equally share the resulting cost.
5.4.5 Any Owner who requires access to another Lot to perform maintenance
and repairs shall provide written notice to the other of such Lot before entering, shall schedule
entry so as to minimize disruption, and shall restore such Owner’s Lot to its prior condition
upon completion. All work shall be performed utilizing best construction practices and shall
be performed by qualified licensed contractors.
5.4.6 In the event that the Board of Directors of the Association determines
that any Owner has failed or refused to discharge properly any of such Owner’s obligations
with regard to the maintenance, repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association’s intent to provide such necessary maintenance,
repair, or replacement at the Owner’s sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance, repairs, or replacement deemed necessary. The
Owner shall have ten (10) days after receipt of such notice within which to complete such
maintenance, repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten (10) day period, to commence such
work which shall be completed within a reasonable time. If any Owner does not comply with
the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner’s sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The Plat
grants and conveys Tracts A, B, C and D to the Association and the Association accepts that
conveyance and shall maintain those Tracts as required by this Declaration. The Association
also agrees to assume and perform all maintenance and repair obligations of Weston Heights,
LLC relating to the private road known as Orcas Court NE in accordance with the Declaration
of Non-Exclusive Access, Utility and Landscape Easement recorded under King County
Recording No. 20170206000071. The Association also agrees to assume and perform all
obligations under the Declaration of Covenant for Inspection and Maintenance of Stormwater
Facilities and BMPs in favor of the City of Renton, and under the Declaration of Covenant for
Impervious Service Limit in favor of the City of Renton. Declarant may convey any other
Common Areas to the Association, including any personal property and any improved or
unimproved real property, leasehold, easement, or other property interest. Such conveyance
shall be accepted by the Association, and the property shall thereafter be Common Areas to be
maintained by the Association. The Common Areas are subject to an easement of common
use and enjoyment in favor of the Association and every Owner, their heirs, successors and
assigns in accordance with the terms and conditions of the Governing Documents. Such
rights to use the Common Areas are appurtenant to and shall not be separated from ownership
of any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon
the transfer of title to such Lot, and then only to the transferee of such title and shall be
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deemed so conveyed whether or not it shall be so expressed in the deed or other instrument
conveying title. Certain rights of use, ingress, egress, occupation, and management authority
in the Common Areas set forth elsewhere in this Declaration shall be reserved to Declarant for
the duration of the Development Period. Declarant shall not be required to make any
improvements whatsoever to property to be conveyed and accepted pursuant to this Section.
5.6 Further Restrictions on Common Areas. Common Area Tracts A, B and C
which are designated on the Plat as open space, critical areas, and stormwater detention
facilities are restricted to those uses specified in the Plat. If any Common Area is currently
owned or is acquired in the future which is designated as a steep slope, as a wetland, as a
buffer, as a native growth protection area or as any other type of sensitive or critical area, then
use of such Common Area shall be limited to activities approved by the municipality which
designated such Common Area as sensitive or critical. Notwithstanding the provisions in this
Article 5, or in Section 10.1 below, or in any other provision of this Declaration, there shall be
no right or easement of ingress and egress, use and enjoyment in or to such Common Area.
Access shall be limited to maintenance activities approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 General/Rules and Regulations. This Article, beginning at Section 6.2, sets
out certain use restrictions which must be complied with by all Owners and Occupants. These
use restrictions may only be amended in the manner provided in Section 11.3 hereof regarding
amendment of this Declaration. In addition, the Board may, from time to time, without
consent of the Owners, promulgate, modify, or delete other use restrictions and rules and
regulations applicable to the Community. Such use restrictions and rules shall be distributed
to all Owners and Occupants prior to the date that they are to become effective and shall
thereafter be binding upon all Owners and Occupants until and unless overruled, canceled, or
modified in a regular or special meeting by a majority of the Total Association Vote and the
consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used for
single-family residential purposes exclusively with the exception that certain home
occupations may be permitted, subject to the guidelines and rules established by the Board, if
any, and subject to approval by the Board. Such home occupations may be limited to certain
business uses, shall not create any disturbance, noise, or unsightliness, shall not unduly
increase traffic flow or parking congestion, and shall not be in violation of any of the
provisions of the Governing Documents. Use of the Lots shall in all cases be in compliance
with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. All residences
constructed within the Community by any Person shall be subject to design review and
approval by the ACC which may cover the minimum size, architectural style, height, scope of
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improvements, quality of design, materials, workmanship, and siting standards. Without
restricting or limiting the authority of the ACC pursuant to Section 3.5 in approving or
disapproving of any specific proposal, the following restrictions shall apply to the Community
in general:
6.3.1 Only one Single Family Home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet of living space,
exclusive of one-story open porches and garages. One story homes shall include no less than
1,000 gross square feet of living space, exclusive of one-story open porches and garages.
6.3.2 Except for the initial construction of Single Family Homes in the
Community by Declarant or Builder, any remodeling or exterior addition to any Single Family
Home or other structure erected or placed on any Lot shall be completed as to external
appearance, including finished painting, within six (6) months after the date of
commencement of construction. All front, side and rear yard landscaping must be completed
within six (6) months from the date of closing of the purchase of the Single Family Home by
the Owner from the Declarant or Builder. In the event that strict enforcement of this provision
would cause undue hardship due to weather conditions, this provision may be extended for a
reasonable length of time when approved by the ACC.
6.3.3 All Single Family Homes within the Community shall contain a garage;
carports shall not be permitted. Unless otherwise approved by the ACC, all garages must be
attached to, or incorporated in and made a part of, the Single Family Home constructed upon a
Lot. In granting waivers to this requirement, the ACC will consider functional necessity and
architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material approved
by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six (6)
feet high or extending into the front yard of any Single Family Home shall be erected, allowed
or maintained upon any Lot, without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence shall be strictly in
compliance with the design attached hereto on Exhibit B. Any fence, fencing-type barrier, or
hedge constructed or planted on any Lot shall in all cases be in compliance with all applicable
laws, ordinances, rules and regulations.
6.3.6 Each home constructed on a Lot shall be built of new materials except,
with approval of the ACC, decorative items such as used brick, weathered planking, and
similar items. All visible masonry shall be native stone, brick or stucco. Types and colors of
exterior paint and stain must be submitted to the committee for approval. Any change to the
exterior color of any improvement located on a Lot, including, without limitation, the
dwelling, must be approved by the ACC.
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6.3.7 All roofs on dwellings and garages shall be of composite, tile or cedar
shake and shall have a minimum pitch of four/twelve.
6.3.8 No owner shall grade, fill or otherwise alter the slope or contour of any
Lot, construct or alter the drainage patterns initially installed and constructed by Declarant or
Builder, or as established by the grading and natural course of surface and subsurface water
run-off without first obtaining i) recommendations from a soils engineer or civil engineer, as
appropriate, duly licensed by the State of Washington, ii) any and all necessary governmental
approvals and permits and iii) written approval of the ACC, if any. No Owner shall perform
any such work except in conformance with the recommendations, plans and specifications of
such engineer.
6.4 Signs. No sign of any kind shall be erected by an Owner or Occupant within
the Community without the prior written consent of the ACC. Notwithstanding the foregoing,
the Board and the Declarant shall have the right to erect reasonable and appropriate signs
including, without limitation, signs related to Declarant’s development and marketing of
Single Family Homes within the Community. In addition, “For Sale” signs and security signs
consistent with the Community-Wide Standard and any signs required by legal proceedings
may be erected upon any Lot.
6.5 Vehicles. The term “vehicles” as used herein shall include, without limitation,
automobiles, vans, campers, trucks, buses, motor homes, mobile homes, boats, jet skis,
trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts, dune
buggies and any other towed or self-propelled transportation type vehicle. The term
“passenger vehicles” as used herein shall include passenger automobiles, vans, small trucks,
motorcycles, and similar type vehicles used regularly and primarily as transportation for the
Occupants of the Lot. Vehicles used for commercial and recreational purposes are not
considered passenger vehicles. “Parking areas” shall refer to the number of garage parking
spaces and driveway areas in front of garages. However, driveway areas shall be considered
“parking areas” for passenger vehicles only.
6.5.1 No vehicles other than passenger vehicles in regular use may be parked
on any Lot or portion of the Community, except in parking areas on Lots, or in a screened area
on a Lot, if such screened area is approved by the ACC. Any vehicle regularly parked in an
unapproved area or for longer than twenty-four (24) consecutive hours shall be considered a
nuisance and may be removed from the Community.
6.5.2 No passenger vehicles may be parked on any Lot or portion of the
Community except in “parking areas” as defined in this Section.
6.5.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period of
more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle and shall
be considered a nuisance and may be removed from the Community.
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6.5.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the Community.
Said rules are to protect the Community from the potentially adverse impacts of vehicles on
the Community environment and to accommodate the evolving nature and use of such
vehicles. Such rules and regulations may provide for exceptions and/or modifications to the
conditions of this Section as determined in the sole discretion of the Board. The Board shall
rule on any dispute as to the interpretation or application of this Section and all rules and
regulations established by the Board with respect to vehicles.
6.5.5 Off-street parking for at least three (3) passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles, unless
approved by the ACC.
6.6 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
6.7 Leasing. Lots may be leased for residential purposes. All leases shall have a
minimum term of at least six (6) months. All leases shall require, without limitation, that the
tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and regulations of
the Association.
6.8 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for sanctions
against Owners shall also apply to all Occupants. Fines may be levied against Owners or
Occupants. If a fine is first levied against an Occupant and is not paid timely, the fine may
then be levied against the Owner.
6.9 Animals. No animals, livestock or poultry of any kind shall be raised, bred or
kept in the Community; provided, however, that conventional household pets may be kept on
a Lot subject to the following restrictions: Pets shall not be kept, bred or maintained for any
commercial purposes. Owners shall be responsible for the immediate clean up and removal of
all fecal matter deposited by pets on any property other than the Lot of the Owner of the pet.
Pets shall be confined in the Owner’s Lot unless on a leash and accompanied by a responsible
person. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Board
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.
6.10 Mining Prohibited. No portion of the Community shall be used for the
purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons,
minerals, gravel, or earth.
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6.11 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be used,
in whole or in part, for the storage of any property or thing that will cause such Lot to appear
to be in an unclean or untidy condition; nor shall any substance, thing, or material be kept that
will emit foul or obnoxious odors or that will cause any noise or other condition that will or
might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding
property. No illegal, illicit, noxious or offensive activity shall be carried on within the
Community, nor shall anything be done tending to cause embarrassment, discomfort,
annoyance, or nuisance to any Person using any property within the Community. Without
limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or
other sound device, except such devices as may be used exclusively for security purposes,
shall be located, installed or maintained upon the exterior of any Lot unless required by law or
unless specifically approved by the ACC.
6.12 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities,
including specifically, without limiting the generality of the foregoing, the assembly of and
disassembly of motor vehicles and other mechanical devices, which might tend to cause
disorderly, unsightly, or unkempt conditions, shall not be undertaken outside of homes or
garages. Garage doors shall be kept closed at all times unless they are in use. In addition, the
storage of equipment, machinery, construction supplies or any similar material on a Lot
outside of the Single Family Home and garage constructed thereon is strictly prohibited except
as required during the remodeling or refurbishing of improvements on such Lot and then for
not more than sixty (60) days.
6.13 Antennas. No outside radio antenna, television antenna, microwave or
satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or
diagonal measurement in excess of one meter shall be erected, constructed or placed on any
Lot. Reasonable restrictions which comply with Federal, State and local laws and do not
significantly increase the cost of the Antenna system or significantly decrease its efficiency or
performance may be imposed by the ACC on Antennas with a diameter or diagonal
measurement of one meter or less.
6.14 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby reserves
for the benefit of Declarant and the Association and their respective successors and assigns a
perpetual easement across all Common Areas and Lots for the purpose of maintaining or
altering drainage and water flow. No structure, planting, or other material shall be placed or
permitted to remain upon any easement which may damage or interfere with the installation
and maintenance of any utilities, unless approved by the Board prior to installation. At no
time shall any access easements be blocked.
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6.15 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street corners. No fence, wall, hedge
or shrub planting shall be placed or permitted to remain where it would create a traffic or sight
problem as determined by the ACC in its sole discretion.
6.16 Garbage Cans, Woodpiles, Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the Single Family Home shall be located or screened so as to be concealed from
view from the street abutting the Lot on which such items are located. All rubbish, trash, and
garbage shall be regularly removed and shall not be allowed to accumulate. Trash, garbage,
debris, or other waste matter of any kind may not be burned within the Community.
6.17 Subdivision of Lot. No Lot shall be subdivided or its boundary lines changed
except with the prior written approval of the ACC. Declarant, however, hereby expressly
reserves the right to re-plat any Lot or Lots owned by Declarant. Any such division, boundary
line change, or re-platting shall not be in violation of the applicable subdivision and zoning
regulations.
6.18 Guns. The discharge of firearms in the Community is prohibited. The term
“firearms” includes without limitation BB guns, pellet guns, and firearms of all types.
6.19 Utilities. Except as may be permitted by the ACC, no overhead utility lines,
including lines for cable television, shall be permitted within the Community, except for
temporary lines as required during construction and except as such lines exist upon recording
of the plat of the Community or as required by utilities serving the Community.
6.29 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that are
attached to the Single Family Home shall be of compatible design and materials of the Single
Family Home. Any post mounted exterior fixtures shall be of compatible design and
materials as the fixtures attached to the Single Family Home. No fixtures which illuminate
and excessively glare onto any other Lot shall be permitted, and all exterior lights shall be
screened to minimize impacts of light and glare. No unshielded spot/floodlight fixtures are
permitted.
6.21 Artificial Vegetation, Exterior Sculpture, and Similar Items. No artificial
vegetation, exterior sculpture, fountains, and similar items shall be permitted in the front yard
of any Lot unless approved by the ACC.
6.22 Mailboxes. All mailboxes located on Lots shall be of a style approved by the
ACC. Mailboxes shall be attached only to stands provided and maintained by the Association
in designated locations.
6.23 Clotheslines. No exterior clotheslines of any type shall be permitted upon any
Lot unless entirely screened from view from other Lots.
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6.24 Exterior Security Devices. No exterior security devices, including, without
limitation, window bars, shall be permitted on any residence or Lot. Signs placed on the Lot
or the exterior of the residence stating that such residence is protected by a security system are
permissible.
6.25 Construction and Sale Period. So long as Declarant owns any property in the
Community for development and/or sale, the restrictions set forth in this Article 6 shall not be
applied or interpreted so as to prevent, hinder or interfere with development, construction and
sales activities of Declarant, Builder, or any builder or developer approved by Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent of
the Association shall have the authority to and shall obtain or cause to be obtained insurance
as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings owned by
the Association (other than the Single Family Homes which shall be insured by the Owners)
and, where the Board deems there to be a reasonable risk, other substantial structures whether
or not such buildings or structures are located on the Common Areas and which the
Association is obligated to maintain. Insurance on buildings shall provide, at minimum, fire
and extended coverage, including vandalism and malicious mischief, and shall be in an
amount sufficient to cover the full replacement cost of any repair or reconstruction in the
event of damage or destruction from any such hazard. Insurance on other substantial
structures shall cover those risks deemed advisable by the Board and shall be in such amounts
as are deemed advisable by the Board. The Board may insure other types of improvements,
including entry monuments, landscaping, and the like, as it deems advisable. With respect to
such other improvements, the Board shall determine the risks to be insured and the amounts of
insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused by
the negligence of the Association or any of its members or agents, and, if reasonably available,
directors’ and officers’ liability insurance. The public liability policy shall have a combined
single limit of at least One Million Dollars ($1,000,000.00) unless otherwise determined by
the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange to
obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized, but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
Declarant and the Association agreeing upon the terms and conditions applicable to
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reimbursement by the Association for costs incurred by Declarant in obtaining such coverage.
Notwithstanding anything contained in this Declaration to the contrary, the Board shall not be
required to comply with the provisions of this Article if the Board has contracted for or
otherwise arranged to obtain the required insurance coverage through the Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof shall
not be subtracted from the face amount of the policy in determining whether the insurance at
least equals the full replacement cost.
7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board, the
Board may with approval of seventy-five percent (75%) of the Total Association Vote reduce
the amount of the required insurance, self-insure itself, or discontinue the insurance all
together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do business
in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association’s Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by the
Association’s Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried by
the Association shall be primary.
7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one of
whom must be in the real estate industry and familiar with construction in King County.
7.3 Other Insurance. In addition to the other insurance required by this Article 7,
the Board shall obtain worker’s compensation insurance, if and to the extent necessary to
satisfy the requirements of applicable laws. The Board may, in its discretion, obtain a fidelity
bond or bonds on directors, officers, employees, and other persons handling or responsible for
the Association’s funds, if reasonably available. The Association shall obtain additional
insurance coverage, if and to the extent necessary to satisfy the requirements of the Federal
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Home Loan Mortgage Corporation, the Federal National Mortgage Association, the U.S.
Department of Veterans Affairs, or the U.S. Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms of
this Declaration, each Owner acknowledges that the Association has no obligation to provide
any insurance for any portion of individual Lots or the Single Family Homes constructed
thereon, and each Owner covenants and agrees with all other Owners and with the Association
that each Owner shall at a minimum, carry fire and extended coverage casualty insurance on
the Lot and all structures constructed thereon in an amount sufficient to cover the full
replacement costs of any repair or reconstruction in the event of damage or destruction from
any such hazard.
7.5 Damage and Destruction — Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to all
or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the filing
and adjustment of all claims arising under such insurance and obtain reliable and detailed
estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair
or reconstruction, as used in this Section, means repairing or restoring the property to
substantially the same condition and location that existed prior to the fire or other casualty,
allowing for any changes or improvements necessitated by changes in applicable building
codes. The Board of Directors shall have the enforcement powers specified in this
Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written in
the name of the Association shall be repaired or reconstructed unless, within sixty (60) days
after the casualty, at least seventy-five percent (75%) of the Total Association Vote otherwise
agree. If for any reason either the amount of the insurance proceeds to be paid as a result of
such damage or destruction, or reliable and detailed estimates of the cost of repair or
reconstruction, or both, are not made available to the Association within such period, then the
period shall be extended until such information shall be made available; provided, however,
such extension shall not exceed sixty (60) days. No Mortgagee shall have the right to
participate in the determination of whether damage or destruction shall be repaired or
reconstructed.
7.5.3 If the damage or destruction for which the insurance proceeds are paid
is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost
thereof, the Board of Directors shall, without the necessity of a vote of the Association’s
members, levy a special assessment against all Owners in proportion to the number of Lots
owned by such Owners. Additional assessments may be made in like manner at any time
during or following the completion of any repair or reconstruction. If the funds available from
insurance exceed the costs of repair or reconstruction or if the improvements are not repaired
or reconstructed, such excess shall be deposited to the benefit of the Association.
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7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or reconstructed
and no alternative improvements are authorized, then and in that event the property shall be
restored to its natural state and maintained as an undeveloped portion of the Community by
the Association in a neat and attractive condition.
7.6 Damage and Destruction — Insured by Owners. The damage or destruction
by fire or other casualty to all or any portion of any improvement on a Lot shall be repaired by
the Owner thereof within seventy-five (75) days after such damage or destruction or, where
repairs cannot be completed within seventy-five (75) days, they shall be commenced within
such period and shall be completed within a reasonable time thereafter. Alternatively, the
Owner may elect to demolish all improvements on the Lot and remove all debris therefrom
within seventy-five (75) days after such damage or destruction. In the event of noncompliance
with this provision, the Board of Directors shall have all enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction, be allocated among the
Persons who are responsible hereunder as determined by the Board in its reasonable
discretion. If the Board does not determine that there are responsible parties, then the
deductible shall be a common expense of the Association.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty (60) days after such
taking, at least seventy-five percent (75%) of the Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the remaining
land included in the Common Areas to the extent lands are available therefor. The provisions
of Section 7.5, above, applicable to Common Areas improvements damage, shall govern
replacement or restoration and the actions to be taken in the event that the improvements are
not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of First Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a First
Mortgage, who provides a written request to the Association (such request to state the name
and address of such holder, insurer, or guarantor and the Lot number, therefore becoming an
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“eligible holder”), will be entitled to timely written report as to the current status of said Lot
with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a First Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by an
Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be
construed as giving any Owner or other party priority over any rights of the First Mortgagee of
any Lot in the case of distribution to such Owner of insurance proceeds or condemnation
awards for losses to or a taking of the Common Areas.
9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering
such Owner’s Lot.
9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and
remove the directors of the Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development (“HUD”) for insuring or the
U.S. Department of Veterans Affairs (“VA”) for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or Articles
of Incorporation.
9.5 Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage Association,
the Federal Home Loan Mortgage Corporation, HUD or VA subsequently delete any of their
respective requirements which necessitate the provisions of this Article or make any such
requirements less stringent, the Board, without approval of the Owners, may cause an
amendment to this Article to be recorded to reflect such changes.
Page 24
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas (subject to Section 5.6) which shall be
appurtenant to and shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees for
the use of any portion of the Common Areas, to limit the number of guests of Lot
Owners and tenants who may use the Common Areas, and to provide for the exclusive
use and enjoyment of specific portions thereof at certain designated times by an
Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting rights
of an Owner and the right of an Owner to use certain Common Areas for any period
during which any assessment against such Owner’s Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for construction,
repairing or improving any facilities located or to be located thereon, and to give as
security for the payment of any such loan a Mortgage conveying all or any portion of
the Common Areas; provided, however, the lien and encumbrance of any such
Mortgage given by the Association shall be subject and subordinate to any rights,
interests, options, easements and privileges herein reserved or established for the
benefit of Declarant, or any Lot or Lot Owner, or the holder of any Mortgage,
irrespective of when executed, given by Declarant or any Lot Owner encumbering any
Lot or other property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all or
any portion of the Common Areas subject to such conditions as may be agreed to by
the members of the Association. No such dedication or transfer shall be effective
unless an instrument agreeing to such dedication or transfer has been approved by the
affirmative vote of at least seventy-five percent (75%) of the Total Association Vote;
provided, however, that during the Development Period, Declarant may, on its sole
signature, dedicate or transfer portions of the Common Areas, so long as such transfer
or dedication does not materially and adversely affect the Association or any Lot
Owner.
10.1.2 Any Lot Owner may delegate such Owner’s right of use and enjoyment
in and to the Common Areas and facilities located thereon to the members of such Owner’s
Page 25
family and to such Owner’s tenants and guests and shall be deemed to have made a delegation
of all such rights to the Occupants of such Owner’s Lot, if leased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation, repairing, replacing, and maintaining all utilities serving
the Community or any portion thereof, including, but not limited to, gas, water, sanitary
sewer, storm sewer, cable television, telephone and electricity. It shall be expressly
permissible for the Declarant, the Association, or the designee of either, as the case may be, to
install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and
maintaining of such wires, conduits, cables and other equipment related to the providing of
any such utility or service. This easement shall be utilized so as to not unreasonably interfere
with improvements constructed upon any Lot and the building envelope for any unimproved
Lot. Should any party furnishing any such utility or service request a specific license or
easement by separate recordable document, the Board shall have the right to grant such
easement.
10.3 Easement for Maintenance. Declarant hereby expressly reserves a perpetual
easement for the benefit of the Association across such portions of the Community,
determined in the sole discretion of the Association, as are necessary to allow for the
maintenance required under Article 5. Such maintenance shall be performed with a minimum
of interference to the quiet enjoyment of Owner’s property, reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense.
10.4 Easement for Entry Features. If Declarant installs an entry feature, there is
hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut, remove and plant trees, shrubbery, flowers
and other vegetation around such entry features and the right to grade the land under and
around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation, rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in the
Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Community as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant’s and such builder’s or developer’s
development, construction, and sales activities related to property described above, including,
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but without limitation: the right of access, ingress and egress for vehicular and pedestrian
traffic and construction activities over, under, on or in the Community, including, without
limitation, any Lot; the right to tie into any portion of the Community with driveways, parking
areas and walkways; the right to tie into and/or otherwise connect and use (without a tap-on or
any other fee for so doing), replace, relocate, maintain and repair any device which provides
utility or similar services including, without limitation, electrical, telephone, natural gas,
water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over
the Community; the right to carry on sales and promotional activities in the Community; and
the right to construct and operate business offices, signs, construction trailers, model
residences, and sales offices. Declarant and any such builder or developer may use residences,
offices, or other buildings owned or leased by Declarant or such builder or developer as model
residences and sales offices. Rights exercised pursuant to such reserved easement shall be
exercised with a minimum of interference to the quiet enjoyment of affected property,
reasonable steps shall be taken to protect such property, and damage shall be repaired by the
Person causing the damage at its sole expense. During the Development Period, this Section
shall not be amended without the Declarant’s express written consent.
10.6 Private Drainage Easement on Lots 5 and 6. The 10-foot private drainage
easement located across Lots 5 and 6 as shown on the plat map for Weston Heights North
Short Plat, is hereby reserved for and granted to Lots 4, 5 and 6. The owners of Lots 4, 5 and
6 shall be jointly responsible for the maintenance of the drainage facilities within said
easement area.
10.7 Private Drainage Easement on Tracts A and B. The 5-foot private drainage
easement located across Tracts A and B as shown on the plat map for Weston Heights North
Short Plat, is hereby reserved for and granted to Lots 4, 5, and 6. The owners of Lots 4, 5 and
6 shall be jointly responsible for the maintenance of the drainage facilities within said
easement area.
10.8 Private Drainage Easement on Lots 2 and 3. The 10-foot private drainage
easement located across Lots 2 and 3 as shown on the plat map for Weston Heights North
Short Plat, is hereby reserved for and granted to Lots 2 and 3. The owners of Lots 2 and 3
shall be jointly responsible for the maintenance of the drainage facilities within said easement
area.
10.9 Private Utility Easement. A non-exclusive easement is hereby reserved for
and granted to the Puget Sound Energy, the regional telephone company, the regional cable
television company, and their respective successors and assigns, under and upon the exterior
10 feet of all Lots and Tracts “A”, “C” and “D”, as shown on the Plat, parallel with and
adjoining the public street frontage, in which to install, lay, construct, renew, operate and
maintain underground conduits, mains, cables, and wires with necessary facilities and other
equipment for the purpose of serving the Community with electric, television, telephone and
gas service, together with the right to enter upon the Lots at all times for the purpose herein
stated. These easements entered upon for these purposes shall be restored as near as possible
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to their original condition by the utility. No lines or wires for the transmission of electric
current, telephone, or cable television shall be placed or be permitted to be placed upon any
Lot unless the same shall be underground or in conduit attached to a building.
10.10 Public Utility Easement. The 10-foot public utility easement located under
and upon the exterior 10 feet of all Lots and Tracts “A”, “C” and “D”, as shown on the plat
map for Weston Heights North Short Plat, is hereby reserved for and granted to the City of
Renton for the purpose of constructing, reconstructing, installing, repairing, replacing,
enlarging, operating, and maintaining utilities and utility pipelines, including, but not limited
to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto
without prior obligation or liability therefor.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association’s Bylaws, rules and regulations, the use restrictions, as they may be lawfully
amended or modified from time to time, and with the covenants, conditions, and restrictions
set forth in this Declaration and in the deed to such Owner’s Lot, if any. After notice and an
opportunity to be heard by the Board of Directors or by a representative designated by the
Board, and in accordance with rules and regulations adopted by the Board, the Board may levy
reasonable fines for violations of the above (in addition to any late charges that may be
assessed in connection with the late payment of assessments or other Association charges) in
accordance with a previously established schedule adopted by the Board and furnished to the
Owners, which fines shall be collected as provided herein for the collection of assessments.
Failure to comply with this Declaration, the Bylaws or the rules and regulations shall be
grounds for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board of Directors, on behalf of the Association, or, in a proper case, by
an aggrieved Owner. Failure by the Association or any Owner to enforce any of the foregoing
shall in no event be deemed a waiver of the right to do so thereafter.
11.2 Duration. This Declaration shall run with and bind the Community, and shall
inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns, perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law limits
the period during which covenants restricting land to certain uses may run, any provisions of
this Declaration affected thereby shall run with and bind the land so long as permitted by such
law, after which time, any such provision shall be (a) automatically extended (to the extent
allowed by applicable law) for successive periods of ten (10) years, unless a written
instrument reflecting disapproval signed by the then Owners of at least seventy-five percent
(75%) of the Lots and the Declarant (so long as the Declarant owns any property for
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development and/or sale in the Community) has been recorded within the year immediately
preceding the beginning of a ten (10) year renewal period agreeing to change such provisions,
in whole or in part, or to terminate the same, in which case this Declaration shall be modified
or terminated to the extent specified therein; or (b) extended as otherwise provided by law.
Every purchaser or grantee of any interest (including, without limitation, a security interest) in
any real property subject to this Declaration, by acceptance of a deed or other conveyance
therefor, thereby agrees that such provisions of this Declaration may be extended and renewed
as provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the Lots
subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such
lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
Declaration; or (iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to this
Declaration; provided, however, any such amendment shall not adversely affect the title to any
Owner’s Lot unless any such Lot Owner shall consent thereto in writing. Further, so long as
Declarant owns any property for development and/or sale in the Community, Declarant may
unilaterally amend this Declaration for any other purpose; provided, however, any such
amendment shall not materially adversely affect the substantive rights of any Lot Owners
hereunder, nor shall it adversely affect title to any Lot without the consent of the affected Lot
Owner.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant
owns any Lot in the Community). Amendments to this Declaration shall become effective
upon recordation, unless a later effective date is specified therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor any
other Person shall bring any action for partition or division of the whole or any part thereof
without the written consent of all Owners of all portions of the property located within the
Community and without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited to, the Lots located within the
Community.
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11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural, when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall be
interpreted in such manner as to be effective and valid, but if the application of any provision
of this Declaration to any person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and, to this end, the
provisions of this Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the contents
of each Article and Section, are inserted only for convenience and are in no way to be
construed as defining, limiting, extending, or otherwise modifying or adding to the particular
Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful, void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years after
the death of the last survivor of the now-living descendants of the individuals signing this
Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington law,
the Association shall indemnify every officer and director against any and all expenses,
including, without limitation, attorneys’ fees, imposed upon or reasonably incurred by any
officer or director in connection with any action, suit, or other proceeding (including
settlement of any suit or proceeding, if approved by the then Board of Directors) to which
such officer or director may be a party by reason of being or having been an officer or director.
The officers and directors shall not be liable for any mistake of judgment, negligent or
otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or
bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made by them, in good faith, on behalf of the Association
(except to the extent that such officers or directors may also be members of the Association),
and the Association shall indemnify and forever hold each such officer and director free and
harmless against any and all liability to others on account of any such contract or commitment.
Any right to indemnification provided for herein shall not be exclusive of any other rights to
which any officer or director, or former officer or director, may be entitled. The Association
may, at the discretion of the Board, maintain adequate general liability and officers’ and
directors’ liability insurance to fund this obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
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Board for inspection and copying by any member of the Association or by the duly appointed
representative of any member and by holders, insurers, or guarantors of any First Mortgage at
any reasonable time and for a purpose reasonably related to such Person’s interest as a
member or holder, insurer, or guarantor of a First Mortgage at the office of the Association or
at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare, or
cause to be prepared, a financial statement of the Association. Upon written request of any
institutional holder of a First Mortgage and upon payment of all necessary costs, such holder
shall be entitled to receive a copy of such financial statement within ninety (90) days of the
date of the request.
11.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases
such Owner’s Lot, the Owner shall give to the Association, in writing, prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a Lot each new Owner
shall give the Association, in writing, the name and mailing address of the Owner and such
other information as the Board may reasonably require.
11.13 Agreements. Subject to the prior approval of Declarant (so long as Declarant
owns any property for development and/or sale in the Community or has the right to
unilaterally annex additional property to the Community) all agreements and determinations,
including settlement agreements regarding litigation involving the Association, lawfully
authorized by the Board of Directors shall be binding upon all Owners, their heirs, legal
representatives, successors, assigns, and others having an interest in the Community or the
privilege of possession and enjoyment of any part of the Community.
11.14 Implied Rights. The Association may exercise any right or privilege given to
it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction
or rule or regulation, and every other right or privilege reasonably to be implied from the
existence of any right or privilege given to it therein or reasonably necessary to effectuate any
such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from any
of the provisions of this Declaration, the Bylaws and any Design Guideline rule, regulation or
use restriction established pursuant thereto if it determines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall
scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least seventy-five percent (75%) of the
Total Association Vote. This Section shall not apply, however, to (i) actions brought by the
Association to enforce the provisions of this Declaration (including, without limitation, the
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foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article 4
hereof, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims
brought by the Association in proceedings instituted against it. This Section shall not be
amended unless such amendment is made by the Declarant pursuant to Section 11.3, hereof,
or is approved by the percentage votes, and pursuant to the same procedures, necessary to
institute proceedings as provided above.
ARTICLE 12
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
12.1 Annexation and Withdrawal by Declarant. Although not obligated to do so,
Declarant reserves the right to develop as single family residential subdivisions additional
lands that would be in addition to and are nearby the land described in Exhibit A ("Additional
Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to
the existing Community without the assent of the members of the Association; PROVIDED,
however, that the annexation of Additional Lands described in this Article shall be adjacent to
the then existing Community. Such Additional Lands shall be deemed "adjacent" to the
existing Community even if separated therefrom by land which: (i) is owned by Declarant, the
Association or the Lot Owners as tenants in common; or (ii) is owned by or dedicated to the
public or a governmental agency or instrumentality; or (iii) is available for the use or benefit
of the Association or Lot Owners by easement or otherwise; or (iv) is a public or private
street, path, bicycle path, railroad track or other improvement or easement for public
transportation or utility service. Although not obligated to do so, Declarant reserves the right
to discontinue development of and withdraw from the Community any unplatted land within
the Community, including any Additional Lands previously annexed, or any Subsequent
Phase Property, without the assent of the members of the Association.
12.2 Non-Declarant Annexations. Annexation of Additional Lands other than
Declarant annexations provided for in Section 12.1 hereof shall require the assent of the
Owners, Mortgagees and Declarant as provided in Section 11.3.
12.3 Common Areas Within Additional Lands. Common Areas within any
Additional Lands subsequently annexed to the existing Community shall be available for the
common use of all Owners of Lots within the existing Community as well as within such
subsequently annexed Additional Lands. Likewise, Common Areas within the existing
Community shall be available for the common use of all Owners of Lots within such
subsequently annexed Additional Lands as well as within the existing Community.
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EXECUTED as of ___________________, 2017.
DECLARANT:
WESTON HEIGHTS, LLC, a Washington limited liability company
By: _________________________________
Jeffrey E. Hamilton, CFO
STATE OF WASHINGTON )
) ss.
County of KING )
On this ____ day of ______________, 2017, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Jeffrey
E. Hamilton, to me known to be the Chief Financial Officer of Weston Heights, LLC, a
Washington limited liability company, 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 is
authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
(Type/Print Name)
NOTARY PUBLIC in and for the State of
Washington, residing at
My appointment expires
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE PROPERTY
LOTS 2, 3, 4, 5 AND 6, AND TRACTS A, B, C AND D, WESTON HEIGHTS NORTH
SHORT PLAT, RECORDED UNDER RECORDING NUMBER __________________, IN
KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
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EXHIBIT “B”
FENCE DESIGN