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HomeMy WebLinkAboutL_CC&Rs_180821_v1 {03602291.DOC;1 } - 1 - WHEN RECORDED, RETURN TO: Cairncross & Hempelmann, P.S. 524 Second Ave., Suite 500 Seattle, Washington 98104 Attn: Matt B. Hanna Document Title Declaration of Covenants, Conditions, and Restrictions for Allura at Tiffany Park Reference Number of Related Document N/A Grantor Mainvue WA LLC, a Delaware limited liability company Grantee Mainvue WA LLC, a Delaware limited liability company Abbreviated Legal Description PTN NW1/4, SW1/4 & SE1/4 OF THE SE1/4 & NE1/4 OF SW1/4, SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. Tax Parcel Numbers 212305-9044; 212305-9051; 212305-9054; 212305-9061 {03602291.DOC;1 } - 2 - DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ALLURA AT TIFFANY PARK THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ALLURA AT TIFFANY PARK is made this _____ day of ___________, 2018, by Mainvue WA LLC, a Delaware limited liability company (the “Declarant”), as the owner of certain real property situated in King County, State of Washington, as such property is more specifically described on Exhibit A, which is attached hereto and incorporated herein by this reference (the “Real Property”). RECITALS Declarant desires to develop the plat of Allura at Tiffany Park (“Allura at Tiffany Park”) as a residential plat community on the Real Property. Declarant also desires to create common areas and facilities for the benefit of the Allura at Tiffany Park community and to provide for the preservation of the natural values in Allura at Tiffany Park. This Declaration establishes a plan for the private ownership of Units (defined below) and the buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial ownership through a nonprofit corporation of certain other land and related easements, hereafter defined and referred to as the “Common Elements.” The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Elements, administering and enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real Property, as defined herein, and the buildings and structures hereafter constructed thereon are, and will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Allura at Tiffany Park for the benefit of the Unit Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration and the Washington Uniform Common Interest Ownership Act, Chapter 64.90 of the Revised Code of Washington (“RCW”), shall be binding upon all parties having or acquiring any right, title, or interest in the Real Property or any part thereof, and shall inure to the benefit of the Unit Owners thereof and to the benefit of the Association and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1. DEFINITIONS Section 1.1 “Association” shall mean and refer to the Allura at Tiffany Park Homeowners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.2 “Association Action” shall mean and refer to a written corporate action of the Association in the form of either a bylaw or resolution duly passed by either the Board or the Unit Owners. Section 1.3 “Board” or “Board of Directors” shall mean and refer to the board of directors of the Association. {03602291.DOC;1 } - 3 - Section 1.4 “Common Elements” shall mean and refer to real estate other than a Unit within the Real Property owned and/or maintained by the Association. As of the date of this Declaration, the Common Elements consist of: All Common Elements depicted on the Map, including without limitation, the roads and sidewalks, and recreational areas, all as identified and/or illustrated on the Map, recorded in the real property records of King County. Section 1.5 “Common Expenses” means the costs incurred by the Association to exercise any of the powers provided for in RCW 64.90 and this Declaration. Section 1.6 “Declarant” shall mean and refer to the entity described on the first page of this Declaration and its respective successors and assigns. Nothing contained herein shall be deemed or construed by the Association or by any third person, to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between or among any of the signatories hereto. Section 1.7 “Declarant Control Period” shall mean the period of time from the date of recording of this Declaration until the earlier of: (a) sixty (60) days after conveyance of seventy-five percent (75%) of the Units that may be created to Unit Owners other than Declarant; (b) two (2) years after the last conveyance of a Unit, except to a dealer; (c) two (2) years after any right to add new Units was last exercised; or (d) the day Declarant, after giving notice in a record to Unit Owners, records an amendment to this Declaration voluntarily surrendering all rights to appoint and remove officers and Board members. A partial delegation of authority by the Declarant of any of its management duties described in the Declaration shall not terminate the Declarant Control Period. Section 1.8 “Declaration” shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. Section 1.9 Reserved. Section 1.10 “Governing Documents” shall mean and refer to this Declaration, the Map, the Articles of Incorporation, Bylaws and rules and regulations of the Association, or any other written instrument by which the Association has the authority to exercise any of the powers to manage, maintain, or otherwise affect Allura at Tiffany Park, as any of the foregoing may be amended from time to time. Section 1.11 “Map” shall mean and refer to the Final Plat of Allura at Tiffany Park recorded under King County Recording No. _____________________. Section 1.12 “Mortgage” shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Units. “First Mortgage” shall mean and refer to a Mortgage with priority over the other Mortgages. “Mortgagee” shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. As used herein, the term “Institutional Mortgagee” or “Institutional Holder” shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency of department of the United States Government or of any state or municipal government. Section 1.13 “Real Property” shall mean and refer to that certain real property which is legally described on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. {03602291.DOC;1 } - 4 - Section 1.14 “Reserve Account” shall have the meaning set forth in Section 3.12 of this Declaration. Section 1.15 “Reserve Component” shall mean a physical component of Allura at Tiffany Park which the Association is obligated to maintain, repair or replace, which has an estimated useful life of less than thirty (30) years, and for which the cost of such maintenance, repair or replacement is infrequent, significant and impractical to include in an annual budget. Section 1.16 “Reserve Study Professional” shall mean an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance with RCW 64.90. Section 1.17 “Significant Assets” shall mean that the current replacement value of the major Reserve Components is seventy-five percent (75%) or more of the gross budget of the Association, excluding the Association’s Reserve Account funds. Section 1.18 “Single Family” shall mean and refer to a single housekeeping unit that includes not more than four (4) adults who are legally unrelated. Section 1.19 “Structure” shall include any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run or the like. Section 1.20 “Tract” shall mean and refer to any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Units and Common Elements. Section 1.21 “Unit” shall mean and refer to any legally segmented and alienable portion of the Real Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Tracts and Common Elements. As indicated on the Map, Allura at Tiffany Park includes 94 Units. Section 1.22 “Unit Owner” shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Unit, including the Declarant but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Unit Owners as against their respective sellers or assignors. ARTICLE 2. ALLURA AT TIFFANY PARK HOMEOWNERS ASSOCIATION Section 2.1 Description of Association. The Association is a nonprofit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time; provided, however, that no Governing Documents of the Association other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. The Association shall have a perpetual existence. Upon dissolution or final winding up of the Association entity under the laws of the State of Washington, all of its assets remaining after payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of {03602291.DOC;1 } - 5 - the Association entity in accordance with the Articles of Incorporation, Bylaws, and provisions of RCW 24.03 and RCW 64.90. In the case of any conflict between the provisions of RCW 24.03 and RCW 64.90, RCW 64.90 shall control. The Unit Owners are responsible for providing that the Association continues to be a functioning legal entity. Section 2.2 Association Board. During the Declarant Control Period, the Declarant, or persons designated by Declarant, shall have the power to appoint or remove any member of the Board. Notwithstanding the foregoing, no later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Unit Owners other than Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Board must be elected by Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Unit Owners other than Declarant, not less than thirty-three and one-third percent (33.33%) of the members of the Board must be elected by Unit Owners other than Declarant. Until such members are elected and take office, the existing Board may continue to act on behalf of the Association. Within thirty (30) days after the termination of the Declarant Control Period, the Board must schedule a transition meeting and provide notice to the Unit Owners in accordance with RCW 64.90.445(1)(c). At the transition meeting, the Board elected by the Unit Owners must be elected in accordance with RCW 64.90.410(2). Within thirty (30) days after the transition meeting, Declarant shall deliver the materials required by RCW 64.90.420 to the Association. Within sixty (60) days after the transition meeting, the Board shall retain the services of a certified public accountant to audit the records of the Association as of the date of the transition meeting in accordance with generally accepted accounting standards, unless a majority of the members elects to waive such audit. Section 2.3 Votes Appurtenant to Units. Every Unit Owner shall be a member of the Association. The Unit Owner(s) of a Unit shall be entitled to cast one (1) vote in the Association for each Unit owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Unit to which it relates. A vote shall not be separated from ownership of the Unit to which it relates; provided, however, that when more than one (1) entity holds the beneficial fee interest in any Unit, the vote therefore shall be cast as the Unit Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Unit; and if the several Unit Owners of a Unit are unable to agree as to the casting of their vote, such vote shall not be counted. If a Unit is further subdivided as provide in Section 6.1 hereof, the Unit Owner of each additional Unit created shall be entitled to one (1) vote in the Association for each Unit owned. Section 2.4 Unit Owner’s Compliance. By acceptance of a deed to a Unit, recording of a real estate contract conveying title to a Unit, or any other means of acquisition of an ownership interest, the Unit Owner thereof covenants and agrees, on behalf of himself and his or her heirs, successors, and assigns, to observe and comply with the terms of the Map, this Declaration, the Governing Documents of the Association, and all rules and regulations duly promulgated pursuant to Association Action. Section 2.5 Bylaws, Rules and Regulations. The Board, on behalf of the Association, shall have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property, provided that such rules and regulations shall not be inconsistent with this Declaration and during the Declarant Control Period, must be approved in writing by the Declarant. The rules and regulations shall apply uniformly to all Unit Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association and may prescribe penalties for the violation of such rules and regulations, including, but not limited to, suspension of the right to use the Common Elements or portions thereof. The Board must, before adopting, amending or repealing any rule, give all Unit Owners notice of: (a) its intention to adopt, amend or repeal a rule and provide the text {03602291.DOC;1 } - 6 - of the rule or the proposed change; and (b) a date on which the Board will act on the proposed rule or amendment after considering comments from Unit Owners. Following adoption, amendment or repeal of a rule, the Association must give notice to the Unit Owners of its action and provide a copy of any new or revised rule. A copy of the rules and regulations then in force shall be retained by the Secretary of the Association. The Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the Association. Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or Improvements. The Association, acting through its agents and employees, shall have the right to have access to each Unit from time to time as may reasonably be necessary for inspection, maintenance, repair or replacement or improvement of any of the Common Elements accessible therefrom, or for making repairs or remedying conditions, including removing dangerous structures, on a Unit as deemed necessary by the Board, in the Board’s reasonable discretion, to prevent damage to the Common Elements or to other Units or improvements thereon, or for any emergency situations. The cost of work necessary to remedy such conditions caused by or refused to be corrected by the Unit Owner shall be a special assessment on such Unit Owner and his or her Unit only. The Association’s right provided in this Section 2.6 shall be exercisable after seven (7) days’ notice to the Unit Owner and an opportunity to be heard if requested by the Unit Owner, and approval by a two-thirds (2/3) majority vote by the Board. The foregoing notice shall not be required in the event of an emergency situation, as determined by the Board in its reasonable discretion. Section 2.7 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration or the Bylaws or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Section 2.8 Special Declarant Rights. Subject to RCW 64.90, Declarant shall have the right to: (i) Complete any improvements indicated on the Map or described in this Declaration or the public offering statement pursuant to RCW 64.90.610(1)(h); (ii) Exercise any Development Right; (iii) Maintain sales offices, management offices, signs advertising the community, and models; (iv) Use easements through the Common Elements for the purpose of making improvements within the community or within real property that may be added to the community; (v) Make the community subject to a master association; (vi) Merge or consolidate a common interest community with another common interest community of the same form of ownership; (vii) Control any construction, design review, or aesthetic standards committee or process during the Declarant Control Period; (viii) Attend meetings of the unit owners and, except during an executive session, the Board; and {03602291.DOC;1 } - 7 - (ix) Have access to the records of the Association to the same extent as a unit owner (collectively, the “Special Declarant Rights”). Except as otherwise provided in this Declaration, all Special Declarant Rights shall expire ten (10) years after the conveyance of the first Unit in Allura at Tiffany Park; provided, that Declarant may voluntarily terminate any and all such rights at any time by recording an amendment to the Declaration, which amendment specifies which rights are thereby terminated. Section 2.9 Association Property. The Association, through action of its Board, may acquire, hold and dispose of tangible and intangible personal property and real property. ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1 Unit Owner’s Covenants to Pay Assessments. By acquisition of any ownership interest in a Unit, the Unit Owner thereof covenants and agrees thereby, on behalf of himself or herself and his or her heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. Assessments for Common Expenses and those specially allocated expenses must commence on all Units that have been created upon the conveyance of the first Unit in Allura at Tiffany Park; however, Declarant may delay commencement of assessments for some or all Common Expenses or specially allocated expenses, in which event Declarant must pay all of the Common Expenses or specially allocated expenses that have been delayed. Section 3.2 Specially Allocated Expenses. Pursuant to RCW 64.90.480, the Association shall specially allocate certain expenses as follows: (i) Expenses benefiting fewer than all of the Units, or the Unit Owners of such benefited Units exclusively, must be assessed against the Units benefited, with the expenses allocated evenly between the benefited Units. (ii) Assessments to pay a judgment against the Association may be made only against the Units in Allura at Tiffany Park at the time the judgment was entered, in proportion to their Common Expense liabilities. (iii) To the extent that any expense of the Association is caused by the negligence, gross negligence or willful misconduct of any Unit Owner or that Unit Owner’s tenant, guest, invitee, or occupant, the Association may assess that expense against the Unit Owner’s Unit after notice and an opportunity to be heard, to the extent of the Association’s deductible and any expenses not covered under an insurance policy issued to the Association. (iv) In the event of a loss or damage to a Unit that would be covered by the Association’s property insurance policy, excluding policies for earthquake, flood, or similar losses that have higher than standard deductibles, but that is within the deductible under that policy, the Association may assess the amount of the loss up to the deductible against that Unit. This subsection does not prevent a Unit Owner from asserting a claim against another person for the amount assessed if that other person would be liable for the damages under general legal principles. Section 3.3 Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted {03602291.DOC;1 } - 8 - accounting principles. The Declarant shall adopt the initial operating budget for the Association. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including, but not limited to, all management and administration costs, operating and maintenance expenses of the Common Elements, and services furnished to or in connection with the Common Elements, including the amount of all taxes and assessments levied against, and the cost of liability, property and other insurance on, the Common Elements, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds required to meet the Association’s annual expenses shall be raised from a general assessment against each Unit Owner as provided hereafter. After adoption of the operating budget, the Association may revise the operating budget at any time and from time to time, in accordance with the procedures set forth in Section 3.3(a) below, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. (a) Adoption of Budget. Within thirty (30) days after adoption by the Board of any proposed regular or special budget of the Association, the Board shall provide a copy of the proposed budget to all Unit Owners and set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than fifty (50) days after providing the budget. Unless at that meeting the Unit Owners to which a majority of the votes in the Association are allocated reject the budget, in person or by proxy, the budget and the assessments against the Units included in the budget are ratified, whether or not a quorum is present. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board. (b) Budget Summary. As part of the summary of the budget provided to all Unit Owners, the Board shall disclose to the Unit Owners: (i) The projected income to the Association by category; (ii) The projected Common Expenses and those specially allocated expenses that are subject to being budgeted, both by category; (iii) The amount of assessments per unit and the date the assessments are due; (iv) The current amount of regular assessments budgeted for contribution to the Reserve Account; (v) A statement of whether the Association has a Reserve Study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of the reserve study; and (vi) The current deficiency or surplus in reserve funding expressed on a per Unit basis. Section 3.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall determine and levy in advance on every Unit a general assessment, which shall become effective only after the Board follows the procedure for ratification of a budget described in Section 3.3(a) and the Unit Owners do no reject the proposed assessment. The amount of each Unit’s general assessment shall be the amount of the Association’s operating budget divided by the sum of the number of Units. The omission by the Association, before the expiration of any {03602291.DOC;1 } - 9 - assessment period, to fix the amount of the general assessment hereunder for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any Unit Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Units and give notice to each Unit Owner in accordance with Section 3.3(a). Section 3.5 Payment of Assessment. Installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board and ratified by the Unit Owners in accordance with Section 3.3(a). Unless the Board otherwise provides, one-twelfth (1/12) of the General Assessment shall be due in advance on the first day of each calendar month. Any Unit Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.6 Nondiscriminatory Assessment. Except as otherwise specifically provided herein, no assessment shall be made at any time which may unreasonably discriminate against any particular Unit Owner or group of Unit Owners in favor of other Unit Owners. Section 3.7 Commencement of Assessments. Liability of a Unit Owner for assessments shall commence on the date upon which any instrument of transfer to such Unit Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Unit) or, if earlier, the commencement date of Unit Owner’s occupancy of such Unit. The Declarant, its successors and assigns shall not be liable for any assessments with respect to any Unit. Upon the initial closing on any Unit from Declarant, the buyer thereof shall pay a one-time assessment in the amount of Five Hundred Dollars ($500.00). This amount shall be in addition to any assessment established by the Association, and shall be paid by all buyers, including builders. Section 3.8 Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Unit are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. Section 3.9 Special Assessments. In addition to the general assessments authorized by this Article, the Association may, by following the same procedure for ratification of a budget set forth in Section 3.3(a), levy a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Elements, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessment. Section 3.10 Effect of Nonpayment of Assessment. If any assessment payment is not made in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Unit assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Unit, recording of a real estate contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Unit {03602291.DOC;1 } - 10 - Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the Declarant Control Period, the right and power to bring all actions against such Unit Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association, and shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association. The Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Unit foreclosed against. Section 3.11 Duration of Lien. Any lien arising pursuant to Section 3.9 shall be a continuing lien in the amount stated in the assessment from the time of the assessment, but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Unit Owner of the Unit at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless expressly assumed by them; provided, however, that in the case of a sale or contract for the sale of any Unit which is charged with the payment of an assessment, the person or entity who is the Unit Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Unit Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of a Unit Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Unit. Section 3.12 Reserve Account for Repair or Replacement. Unless Allura at Tiffany Park has nominal reserve costs or the cost of a reserve study or update exceeds ten percent (10%) of the Association’s annual Common Expenses, the Association shall establish and maintain a reserve fund for major maintenance, repair or replacement of the Common Elements and any improvements thereon (“Reserve Account”). Such Reserve Account shall be deposited with a banking institution, and in the name of the Association. The Reserve Account shall be expended only for the purpose of affecting the major maintenance, repair or replacement of the Common Elements and any improvements and community facilities thereon, and to any sidewalks, roads, walls or pathways developed as a part of Allura at Tiffany Park, equipment replacement, and for operating contingencies of a nonrecurring nature. The Board is responsible for administering the Reserve Account. The Association may establish such other reserves for such other purposes as it may from time to time consider to be necessary or appropriate. The proportional interest of any Unit Owner in any such reserves shall be considered an appurtenance of his or her Unit and shall not be separately withdrawn, assigned, or transferred from the Unit to which it appertains. Section 3.13 Withdrawals from Reserve Account. The Board may withdraw funds from the Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the Reserve Components. Any such withdrawal must be recorded in the minute books of the Association. The Board must give notice of any such withdrawal to each Unit Owner and adopt a repayment schedule not to exceed twenty-four (24) months unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Unit Owners. The Board must provide to Unit Owners along with the annual budget adopted in accordance with Section 3.3: (a) notice of any such withdrawal; (b) a statement of the current deficiency in reserve funding expressed on a per unit basis; and (c) the repayment plan. The Board may withdraw funds from the Reserve Account without satisfying the notification for repayment requirements under this Section to pay for replacement costs of Reserve Components not included in the reserve study. {03602291.DOC;1 } - 11 - Section 3.14 Reserve Studies. The provisions of this Section 3.14 are intended to summarize the requirements for reserve studies as provided in RCW 64.90.545 – 64.90.560, and in the event of any conflict with the provisions herein, the statutory provisions shall control. (a) Board Determination. Unless exempt under Section 3.12, The Association must prepare and update a reserve study in accordance with this RCW 64.90.550 (“Reserve Study”). An initial Reserve Study must be prepared by a Reserve Study Professional and based upon either a Reserve Study Professional’s visual site inspection of completed improvements or a review of plans and specifications for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection conducted by the Reserve Study Professional. (b) Unit Owner Demand. When more than three (3) years have passed since the date of the last Reserve Study prepared by a Reserve Study Professional, the Unit Owners to which at least twenty percent (20%) of the votes are allocated may demand, in writing, to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that budget year. The written demand must refer to RCW 64.90.555. The Board shall, upon receipt of the written demand, include the cost of a Reserve Study in the next budget and, if that budget is not rejected by the Unit Owners pursuant to Section 3.12, arrange for the preparation of a Reserve Study. Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies. Monetary damages or any other liability may not be awarded against or imposed upon the Association, its officers, the Board, or those persons who may have provided advice or assistance to the Association, its officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study prepared or updated in accordance with the requirements of RCW 64.90 and this Declaration; or (c) make the required disclosures in accordance with Section 3.3(b) and RCW 64.90. Section 3.16 Failure to Comply Does Not Relieve Unit Owners. A Unit Owner’s duty to pay assessments is not excused, and a budget ratified by the Unit Owners is not invalidated, because of the Association’s failure to comply with the Reserve Study or Reserve Account requirements. Section 3.17 Certain Areas Exempt. The Tracts and all portions of Allura at Tiffany Park dedicated to and accepted by a public authority shall be exempt from assessments by the Association. ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE Section 4.1 Architectural Control Committee. An Architectural Control Committee (“Committee”) consisting of at least three (3) members, but in any event always an odd number of members, is hereby created with the rights and powers set forth in this Declaration. The initial members of the Committee shall be representatives appointed by Declarant. Committee members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the right and power at all times to appoint or renew the appointment of the members of the Committee or to fill any vacancy until the expiration of the Declarant Control Period. After the expiration of the Declarant Control Period, the Board shall have the power to appoint and remove the members of the Committee. Section 4.2 Jurisdiction and Purpose. The Committee shall review proposed plans and specifications for construction of all residences and other Structures within Allura at Tiffany Park, {03602291.DOC;1 } - 12 - including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and excavation. During the Declarant Control Period, a prospective Unit Owner shall submit architectural and landscaping plans and specifications to the Committee for its review prior to closing the purchase of a Unit. Prior to submittal to the Committee, the Unit Owner shall verify all improvements meet all local municipal codes. The Committee assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of the local governing authorities. The Committee shall adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Unit Owner or prospective Unit Owner to be familiar with the rules and procedures of the Committee. As conditions precedent to approval of any matter submitted to it, the Committee shall find: (a) Consistent with Declaration. The approval of the plan is in the best interest of the Unit Owner and consistent with this Declaration. (b) General Considerations. General architectural considerations, including relationship and layout of Structures to natural features and adjacent homes, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements have been designed to be compatible with the overall design of Allura at Tiffany Park. (c) Site Considerations. General site considerations, including site layout, relationship of site to vegetation, natural features, open space and topography, orientation and locations of buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences and similar elements have been designed to be compatible with the overall design of Allura at Tiffany Park. (d) Landscape Considerations. General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of existing landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Unit Owners in general and the enhancement of the property values in Allura at Tiffany Park. (e) Siding. Without limiting the foregoing, each residence, improvement or Structure constructed on a Unit shall be built of new materials except, with approval of the Architectural Control Committee, decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors commonly known as earth tones. (f) Roofing. The roof shall be a composition roof with a 30-year life. (g) Entry Walks, Porches and Decks. All front entry walks shall be concrete, and all decks and wood porches shall be constructed of cedar or pressure-treated or composite materials. (h) Driveways. All driveways shall be constructed of concrete paving. (i) Local Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. {03602291.DOC;1 } - 13 - Section 4.3 Approval Procedures. Two copies of a preliminary application for approval must be submitted in writing to the Committee at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the Committee shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the Committee can review the application. The Committee’s rules and procedures may specify the payment of a reasonable nonrefundable fee, to be set forth in the Committee rules, for the purpose of defraying the costs associated with the Committee’s review of the preliminary application. This fee may be adjusted from time to time by the Committee in accordance with its rules and procedures. The Committee shall review the application in accordance with the provisions of this Section as soon as possible after a complete application has been filed. The decision of a majority of the members of the committee shall be the decision of the Committee. One copy of approved plans will remain in the Committee’s files. All disapproved plans will be returned to the applicant. Section 4.4 Failure of Committee to Take Action. Except as provided in Section 4.6 below, in the event that the Committee fails to respond to an applicant’s complete and properly submitted application within thirty (30) days after the Committee has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval; provided, however, if the Committee delivers notice of the need for one (1) thirty (30) day extension prior to expiration of the above-referenced thirty (30) day period, the Committee shall have thirty (30) additional days to make its decision. Section 4.5 Committee’s Obligation. The Committee, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the Committee as to noncompliance shall be in writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the Committee’s review of an applicant’s application, the applicant shall indemnify and hold the Committee harmless from any claim or damages resulting from applicant’s failure to comply with applicable building codes or other governmental requirements. Section 4.6 Exemptions and Variances From Committee Requirements. The Committee may, upon request, grant exemptions and variances from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvements or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Request for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and shall render its decisions within thirty (30) days after notice to the applicant of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. Section 4.7 Construction Deposit. For purposes of protecting the Common Elements and Common Element improvements against damage during construction by a Unit Owner, his or her contractors and agents, the Committee has authority, but is not mandated, to require a cash deposit from each Unit Owner to whom approval of plans is given of an amount deemed appropriate by the Committee {03602291.DOC;1 } - 14 - for such purposes (“Construction Deposit”), if the Committee finds that potential damage can be done to the Common Element(s) caused by Unit Owner’s proposed construction. The Construction Deposit, however, shall not exceed Two Thousand Dollars ($2,000.00). In the event a Unit Owner, his or her contractor, agents or employees causes any damage or destruction to any portion of the Common Elements or Common Element Improvements, the Committee shall notify such Unit Owner and request the replacement or repair of the item or area damaged or destroyed. The Unit Owner shall have a period of two (2) business days after the date or receipt of such notice to advise the Committee of its intended course of action and its schedule for correction of the damage, and to commence such correction. The Committee shall in its sole discretion approve or disapprove such course and schedule, and the Unit Owner agrees to make such changes thereto as are necessary to obtain the Committee’s approval. If the Unit Owner fails to correct the damage in the manner or within the time approved by the Committee, the Committee may, at its option, perform such work as is necessary to remedy the situation on behalf and at the expense of the Unit Owner and apply the Construction Deposit against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the Unit Owner shall pay the Association that excess cost within ten (10) days of demand by the Committee. Upon completion of construction of the Improvements on the Unit, and following a joint inspection of the Improvements and Unit by the Unit Owner and the Committee to verify that no damage to the Common Elements and/or Common Element Improvements has occurred, the Committee shall make a final determination of compliance and return the remaining balance, if any, of the Construction Deposit to the Unit Owner, without interest within ten (10) days of such final determination Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the Committee or the final application as approved by the Committee shall, at the election of the Association’s Board exercised after thirty (30) days’ written notice to such applicant, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation, which shall constitute a lien against such Unit, enforceable as provided herein and/or pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance. ARTICLE 5. SUBORDINATION OF LIENS Section 5.1 Intent of Provisions. The provisions of this Article 5 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Unit. Section 5.2 Mortgagee’s Nonliability. The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 5.3 Mortgagee’s Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of the Unit Owner of the encumbered Unit, including but not limited to the right to vote in the Association to the exclusion of the Unit Owner’s exercise of such rights and privileges. Section 5.4 Mortgagee as Unit Owner. At such time as a Mortgagee shall become the record Unit Owner of the Unit previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Unit Owner. {03602291.DOC;1 } - 15 - Section 5.5 Survival of Assessment Obligation. After the foreclosure of a security interest in a Unit, any unpaid assessments shall continue to exist and remain as a personal obligation of the Unit Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Unit Owner. Section 5.6 Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed upon a Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Unit or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Unit for purposes of realizing a security interest, liens shall arise against the Unit for any assessment payments coming due after the date of completion of foreclosure. ARTICLE 6. USE COVENANTS, CONDITIONS AND RESTRICTIONS Section 6.1 Authorized Uses. Allura at Tiffany Park shall be used solely for residential purposes and related facilities normally incidental to a residential community. After the Declarant Control Period no Unit shall be further subdivided, except as permitted in this Declaration without prior approval conferred by Association Action. Section 6.2 Leasing Restrictions. No residence on any Unit may be leased or rented by any party for a period of fewer than thirty (30) days, nor shall less than the whole of any Unit be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease, whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Unit Owner to lease his or her Unit or residence. Section 6.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept in Allura at Tiffany Park except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. “Other conventional household pets” shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in Allura at Tiffany Park. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Unit Owner’s Unit, pets within Allura at Tiffany Park shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc., while outdoors on a Unit within Allura at Tiffany Park for longer than two hours at a time. Section 6.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Unit; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Allura at {03602291.DOC;1 } - 16 - Tiffany Park community; and provided further that no signs or advertising devices of any character shall be permitted. Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Unit, except this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Units. Upon forty-eight (48) hours’ notice to the Unit Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority to have removed at the Unit Owner’s expense any such vehicle visible from the street that is parked on any Unit, street or within a Common Element for more than twenty-four (24) hours. Section 6.6 Garbage. All trash shall be placed in sanitary containers that are screened so as not to be visible from adjoining Structures or streets or roadways. No Unit or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways. Section 6.7 Utilities Underground. Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. Section 6.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed in Allura at Tiffany Park; provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Unit or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Unit or residence. In addition, nothing in this subsection shall be construed to prohibit the display of signs regarding candidates for public or Association office, or ballot issues, on or within a Unit, so long as such signs are no larger than four (4) square feet and in place no longer than sixty (60) days. Flags of the United States or the State of Washington are not considered signs hereunder and are permitted, provided, however, that the Association may place reasonable restrictions on the time, place and manner of display as permitted by federal and state law. Section 6.9 No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Real Property which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure or fence may be maintained within an easement area. Section 6.10 Antennas and Clotheslines. No external aerial antenna, free-standing antenna towers, satellite reception dishes of any kind or clotheslines shall be permitted in Allura at Tiffany Park; provided, however, satellite dishes of less than twenty-four (24) inches in diameter are permitted provided the Architectural Control Committee approves the location of same. Satellite dishes greater than twenty- four (24) inches in diameter may be allowed through written consent of the Architectural Control Committee. Section 6.11 Unit Owners’ Maintenance Responsibilities. The maintenance, upkeep, and repair of individual Units and homes shall be the sole responsibility of the individual Unit Owners thereof, and in no way shall it be the responsibility of the Association, its agents, officers or directors. {03602291.DOC;1 } - 17 - Unit Owners shall maintain their Units and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Unit Owner shall be obligated to keep his or her Unit and home in a clean, sightly and sanitary condition and maintain the landscaping on his or her Unit in a healthy and attractive state and in a manner comparable to that on the other Units in Allura at Tiffany Park. No storage of firewood shall be permitted in front yards. After thirty (30) days’ written notice to a Unit Owner from the Association of such Unit Owner’s failure to so maintain his or her home or Unit, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Unit which has been found to violate the foregoing standards in order to restore the home or Unit to such standards. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within Allura at Tiffany Park except by authorized governmental officials. Section 6.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of Allura at Tiffany Park, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Allura at Tiffany Park which may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Allura at Tiffany Park community. The Association shall determine by Association Action whether any given use of a Unit unreasonably interferes with the rights of the other Unit Owners to the use and enjoyment of their respective Units or of the Common Elements, and such determination shall be final and conclusive. Section 6.14 Preservation of Landscaping. No party subject to the terms of this Declaration or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact landscaping on Common Elements and/or dedicated Tracts, or as otherwise governed by applicable laws, codes and regulations. Section 6.15 Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed or used on any Unit as a dwelling or residence, either temporarily or permanently. Section 6.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a Unit, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows and all main windows in the great room that are visible from adjacent Units. No newspapers, bed sheets or other makeshift window coverings shall be visible from the exterior of the residence. Section 6.17 Fences. All fences shall conform to the fence detail attached as Exhibit B, as may be modified by the Architectural Control Committee from time to time. Prior to applying stain to any fence, Unit Owners shall first obtain approval of the type of fence stain to be used from the Architectural Control Committee. Unless otherwise approved by the Architectural Control Committee, all fences must be stained to match the stain used by the Declarant on the original fences, which is described on the specifications sheet provided to each Unit Owner upon purchase of the Unit Owner’s Unit from the builder. If no such specifications sheet is available, the Unit Owner shall use reasonable efforts to match the color of the stain used by the Declarant on the original fences and shall present the color match sample to the Architectural Control Committee for approval. Unless otherwise authorized by the Board, no fence, wall hedge or mass planting over three feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall {03602291.DOC;1 } - 18 - prevent erection of a necessary retaining wall, the top of which does not extend more than two (2) feet above the finished grade at the back of said retaining wall. Section 6.18 Unit Size Restriction. No Unit or portion of a Unit in the community shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of Allura at Tiffany Park shall be less than the area required for the use district in which located. Section 6.19 Damage. Any damage to streets, Common Element Improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Unit Owners, their children, contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new condition by such Unit Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days’ written notice to a Unit Owner from the Association of such Unit Owner’s failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Unit Owner. The cost of such work shall be a special assessment on such Unit Owner and his or her Unit only. Section 6.20 Owner Irrigation and Maintenance of Landscaping. Each Owner is responsible for the maintenance and repair of the irrigation systems, if installed, on each Owner’s Unit, including the proper functioning and scheduling of irrigation timers. Each Owner shall perform annual backflow testing as required or recommended by the City of Renton Public Works Department. Each Owner shall irrigate the landscaping on such Owner’s Unit as needed to keep such Owner’s landscaping in a healthy condition. If an Owner’s yard or other landscaping dies or becomes visibly unhealthy, then, after thirty (30) days’ written notice to an Owner from the Association of such Owner’s failure to so maintain his landscaping, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Unit which has been found to violate the foregoing standards in order to restore the landscaping to such standards. The cost of such work shall be a special assessment on such Owner and such Owner’s Unit only. If the Association applies fertilizer to an Owner’s Unit, the Association shall provide notification in advance to said Owner, who shall irrigate his or her landscaping for a minimum of three (3) consecutive days after the Association’s application of fertilizer. ARTICLE 7. COMMON ELEMENTS Section 7.1 Title to Common Elements. All Common Elements were dedicated in accordance with the terms of the Map upon recording of the Map. Every Common Element shall be subject to an easement of common use and enjoyment in favor of the Association and every Unit Owner, their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing Documents and the Map. Section 7.2 Maintenance of Common Elements. The Association shall maintain, repair, replace, improve, and otherwise manage all of the Common Elements so as to keep them in good repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be determined pursuant to Association Action. The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Elements and improvements thereon. Section 7.3 Monument and Landscaping Maintenance and Easements. The Association shall be responsible for maintaining, in accordance with the terms of the Map and all applicable laws, codes and regulations: (a) any Allura at Tiffany Park monument signage; (b) any landscaping and trees {03602291.DOC;1 } - 19 - within the Common Elements; and (c) the landscaping within the Front Yard of each Unit. “Front Yard” means that portion of a Unit between the side lot lines of the Unit, extending from the front lot line to a line on the Unit parallel to the front lot line terminating at the street-facing façade of the home located on said Unit. Each Front Yard includes any planter strips between the Unit and the street or access Tract. The Association’s Front Yard landscaping obligation shall consist of mowing, trimming, weeding and fertilizing, using such methods and occurring at such frequencies as are determined by the Association in its sole discretion. The Front Yard landscaping has been approved by the City of Renton. The Association shall have no obligation to maintain, repair or replace any landscaping, including trees and other vegetation, installed by an Owner after such Owner acquired his or her Unit from Declarant. If an Owner desires to install landscaping in the Front Yard that is in addition to the plants originally approved by the City of Renton and installed by Declarant, then that Owner must first submit a new landscape plan to the Board of Directors and the Board must first approve such landscape plan prior to the installation of the additional landscaping. In addition to the authority to deny the request to install additional landscaping, the Board may increase the assessment for such Owner’s Unit in order to cover the increased costs associated with maintaining the additional landscaping. Any such additional landscaping installed without Board approval may be removed by the Association, through its agents or employees, upon a two-thirds (2/3) majority vote by the Board and after thirty (30) days’ notice of such removal to the Unit Owner, and the costs of removal may be recovered from the Owner as a special assessment against such Owner’s Unit. The Association shall keep in its records the landscape plans for the Units and/or list of plants originally installed by Declarant. ARTICLE 8. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS Section 8.1 Tracts. (a) Tract A. Tract A is a drainage/landscaping/monument/utilities/recreation tract. Upon recording of the Final Plat, Tract A was conveyed to the Association. Pursuant to RMC 4-6- 030(F)(1), the City of Renton shall be responsible for maintaining the drainage facilities within Tract A. Upon recording of the Final Plat, a drainage easement over Tract A was granted to the City of Renton for conveying, storing, managing and facilitating storm and surface water, together with the right for the City of Renton, its successors or assigns, to enter said drainage easement for the purpose of inspecting, operating, maintaining, repairing and improving the drainage facilities contained therein. Maintenance of all other improvements on Tract A, including landscaping, monuments, and recreational facilities, shall be the responsibility of the Association. The Association is responsible for the cost for the restoration of any non-drainage improvements removed or altered as the result of the maintenance, repair, improvement and reconstruction of the drainage improvements. The Association shall obtain any required permits from the City of Renton, or its successor agency, prior to activities such as clearing and grading, filling, piping, cutting or removing vegetation (except for routine landscape maintenance such as lawn mowing) in drainage facilities or performing any alterations or modifications to the drainage facilities contained within said drainage easement. (b) Tracts B, D, F, H, I, J, L and S. Tracts B, D, F, H, I, J, L and S are open space/tree protection tracts. Upon recording of the Final Plat, such Tracts were conveyed to the Association for ownership and maintenance purposes. All existing vegetation and trees planted within the tracts shall be owned and maintained by the Association, and no alterations shall occur within such tracts and no vegetation shall be disturbed unless the express written authorization of the City of Renton has been received. {03602291.DOC;1 } - 20 - (c) Tract C. Tract C is a public pedestrian access tract for the benefit of the Owners. Upon recording of the Final Plat, Tract C was conveyed to the Association. The Association shall maintain the concrete path surface within Tract C. If the Association fails to properly maintain Tract C, then all the Unit Owners shall be responsible for the maintenance of the concrete path surface within said Tract C. Upon recording of the Final Plat, an easement benefitting the public was granted over Tract C. (d) Tract E. Tract E is a utilities tract for the benefit of the Owners. Upon recording of the Final Plat, Tract E was conveyed to the Association. (e) Tract N. Tract N is a shared utility and access tract for the benefit of Units 11, 12 and 13. Ownership of Units 11, 12 and 13 shall include an equal and undivided one-third interest in the ownership of Tract N, and an equal and undivided one-third obligation in the maintenance responsibility for Tract N. All future conveyances of Units 11, 12 and 13 shall include a one-third interest in Tract N. Unit 13 shall not take access from Olympic Court SE. (f) Tract O. Tract O is a shared utility and access tract for the benefit of Units 14, 15 and 16. Ownership of Units 14, 15 and 16 shall include an equal and undivided one-third interest in the ownership of Tract O, and an equal and undivided one-third obligation in the maintenance responsibility for Tract O. All future conveyances of Units 14, 15 and 16 shall include a one-third interest in Tract O. Unit 16 shall not take access from Olympic Court SE. (g) Tract P. Tract P is a shared utility and access tract for the benefit of Units 37, 38 and 39. Ownership of Units 37, 38 and 39 shall include an equal and undivided one-third interest in the ownership of Tract P, and an equal and undivided one-third obligation in the maintenance responsibility for Tract P. All future conveyances of Units 37, 38 and 39 shall include a one-third interest in Tract P. Unit 37 shall not take access from SE 18th Street. (h) Tract Q. Tract Q is a shared utility and access tract for the benefit of Units 75, 76, 77 and 78. Ownership of Units 75, 76, 77 and 78 shall include an equal and undivided one-fourth interest in the ownership of Tract Q, and an equal and undivided one-fourth obligation in the maintenance responsibility for Tract Q. All future conveyances of Units 75, 76, 77 and 78 shall include a one-fourth interest in Tract Q. Units 75 and 78 shall not take access from Olympic Court SE. (i) Tracts G, K, M and R. Tracts G, K, M and R are critical area tracts to be preserved in perpetuity. Upon recording of the Final Plat, Tracts G, K, M and R were conveyed to the Association for ownership and maintenance purposes. Section 8.2 Upon recordation of the Final Plat, all private storm drainage easements (PSDE) shown on the Final Plat were conveyed to the Unit Owner(s) who would benefit from the easement for maintenance of the private storm drainage facilities which lie within the easement area. The 10-foot PSDE within Units 20 through 26 is for the benefit of Units 20 through 26. The 10-foot PSDE within Units 45 and 46 is for the benefit of Units 44 through 46. The 10-foot PSDE within Units 58 and 59 is for the benefit of Units 58 and 59. The 10-foot PSDE within Unit 67 is for the benefit of Unit 67 and 68. Section 8.3 Upon recordation of the Final Plat, all public storm drainage easements (SDE) shown on the Final Plat were conveyed to the City of Renton for maintenance of the storm drainage facilities which lie within the easement area. {03602291.DOC;1 } - 21 - Section 8.4 Upon recordation of the Final Plat, all public waterline easements (WLE) shown on the Final Plat were conveyed to the City of Renton for maintenance of the facilities within the easement area. Section 8.5 Utility Easement. Upon recordation of the Final Plat, an easement was reserved for and conveyed to the City of Renton Public Works Department, Puget Sound Energy, Century Link, Comcast, the Association and all Unit Owners, and their respective successors and assigns, under and upon the exterior ten (10) feet, parallel with and adjoining the street frontage of all Units and Tracts, in which to install, lay, construct, renew, operate and maintain underground conduits, mains, cables, pipes and wires, with necessary facilities and other equipment for the purpose of serving Allura at Tiffany Park and other property with electric, telephone, television, water, public and private storm drainage, and gas service, together with the right to enter upon the Units at all times for the purpose herein stated. 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 Unit unless the same is underground or in conduit attached to a building. Section 8.6 Street Trees. The street trees and associated landscaping planted within and/or abutting individual Units shall be owned and maintained by the Owners of said Units, unless the City of Renton adopts a maintenance program. Section 8.7 Landscaping Easements. The Association shall be responsible for maintaining the landscaping within the Front Yard of each Unit as provided in Section 7.3. An easement is hereby granted to the Association for landscaping purposes over, under, across and through the Front Yard (as defined in Section 7.3) of each Unit. ARTICLE 9. INSURANCE; CASUALTY LOSSES; CONDEMNATION Section 9.1 Insurance Coverage. Commencing not later than the time of the first conveyance of a Unit to a person other than the Declarant, the Association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles: (a) Property insurance on the Common Elements and on property that must become Common Elements, insuring against risks of direct physical loss commonly insured against, as near as practicable to the full insurable replacement value (without deduction for depreciation) of the Common Elements, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance, including medical payments insurance, in an amount not less than One Million Dollars ($1,000,000.00) covering all occurrences commonly insured against for bodily injury and property damage arising out of or in connection with the use, ownership, or maintenance of the Common Elements and, in cooperatives, of all Units; (c) Fidelity insurance; and (d) Such other insurance as the Association deems advisable; provided, that notwithstanding any other provisions herein, the Association shall continuously maintain in effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar projects established by Federal National Mortgage Association, Governmental National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority, {03602291.DOC;1 } - 22 - and Veterans Administration, so long as any of them is a Mortgagee or Unit Owner, except to the extent such coverage is not available or has been waived in writing by such agencies. Section 9.2 Casualty Losses. In the event of substantial damage to or destruction of any of the Common Elements, the Association shall give prompt written notice of such damage or destruction to the Unit Owners and to the holders of all First Mortgages. Insurance proceeds for damage or destruction to any part of the Common Elements shall be paid to the Association as a trustee for the Unit Owners, or its authorized representative, including an insurance trustee, which shall segregate such proceeds from other funds of the Association. Section 9.3 Condemnation. In the event any part of the Common Elements is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Unit Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 10. ENFORCEMENT Section 10.1 Right to Enforce. The Association, Declarant, or any Unit Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Section 10.2 Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. Section 10.3 Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Real Property, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Unit shall be subject to this Declaration. Section 10.4 Right to Assess Penalty on Unit for Violations of Declaration. The Board, by simple majority vote, shall determine whether a Unit Owner has breached, or a Unit is in breach, of any of the covenants, conditions, and restrictions provided herein. After thirty (30) days’ written notice to such Unit Owner, the Unit Owner shall have an opportunity to be heard by the Board regarding the violation. After such hearing, the Association by a two-thirds (2/3) majority vote of the Board, is empowered to assess a penalty in accordance with an established schedule of fines adopted by the Board and furnished to the Unit Owners. Such penalty shall be a levied special assessment and constitute a lien against the Unit, enforceable as provided herein. ARTICLE 11. AMENDMENT Section 11.1 Amendment by Declarant or Association. Upon thirty (30) days’ advance notice to Unit owners, the Declarant may, without a vote of the Unit Owners or approval by the Board, {03602291.DOC;1 } - 23 - unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing Documents to correct a mathematical mistake, an inconsistency, or a scrivener’s error, or clarify an ambiguity in the Governing Documents with respect to an objectively verifiable fact including, without limitation, recalculating the liability for Common Expenses or the number of votes in the Association appertaining to a Unit, within five (5) years after the recordation or adoption of the Governing Document containing or creating the mistake, inconsistency, error, or ambiguity. Any such amendment or supplement may not materially reduce what the obligations of the Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. Upon thirty (30) days’ advance notice to Unit Owners, the Association may, upon a vote of two-thirds (2/3) of the members of the Board, without a vote of the Unit Owners, adopt, execute, and record an amendment to the declaration for the following purposes: (a) to correct or supplement the Governing Documents as provided above; or (b) to remove any language and otherwise amend as necessary to effect the removal of language in direct conflict with the Washington Uniform Common Interest Ownership Act. Section 11.2 Amendments by Unit Owners. Except in cases of amendments that may be executed by the Declarant or the Association pursuant to Section 11.1 or as expressly permitted in accordance with the Washington Uniform Common Interest Ownership Act, this Declaration may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated; provided, however, that no such amendment shall be valid during the Declarant Control Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing, the prior written approval of fifty-one percent (51%) of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association’s Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Elements; insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the Common Elements; leasing of Units other than as set forth herein; imposition of any restrictions on the right of a Unit Owner to sell or transfer his or her Unit; a decision by the Association to establish self-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. Section 11.3 Effective Date & Cross-References. Amendments shall take effect only upon recording in the official real property records of King County, Washington. All amendments must contain a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration. All amendments to the Declaration adding Units must contain a cross-reference by recording number to the Map relating to the added Units and set forth all information required under RCW 64.90.225(1) with respect to added Units. ARTICLE 12. GENERAL PROVISIONS Section 12.1 Taxes. Each Unit Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against his or her Unit, or personal property located on or in the Unit. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Elements. {03602291.DOC;1 } - 24 - Section 12.2 Non-Waiver. No waiver of any breach of this Declaration or failure to enforce any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. Section 12.3 Attorneys’ Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorney’s fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys’ fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. Section 12.4 No Abandonment of Obligation. No Unit Owner, through his or her non-use of any Common Element, or by abandonment of his or her Unit, may avoid or diminish the burdens or obligations imposed by this Declaration. Section 12.5 Captions. The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any parts of this Declaration. Section 12.6 Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 12.7 Notices. All notices, demands, or other communications (“Notices”) permitted or required to be given by this Declaration shall be in the form of a record, in a tangible medium, or in an electronic transmission in accordance with RCW 64.90.515. If mailed, the Notice shall be by certified or registered mail, return receipt requested, with postage prepaid and shall be deemed given three (3) days after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices provided by electronic transmission shall be deemed effective according to the requirements of RCW 64.90.515. All other Notices shall be deemed given on the date of actual receipt. Notice in a tangible medium to a Unit Owner must be addressed to the Unit address unless the Unit Owner has requested, in a record delivered to the Association, that Notices be sent to an alternate address or by other method allowed by this Declaration. If there is more than one Unit Owner of a Unit, Notice to any one such Unit Owner shall be sufficient. The address of Declarant and of the Association shall be given to each Unit Owner at or before the time he or she becomes a Unit Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all Unit Owners. Section 12.8 Indemnification. The Association shall indemnify every officer and director authorized to act on behalf of the Association by the Board or by this Declaration against any and all expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in connection with any action, suit or proceeding if approved by the then Board to which he or she may be a party by reason of being or having been an officer and director. The officers and directors shall not be liable for any mistakes 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 and directors may also be members of the Association), and the Association shall indemnify and forever hold each officer and director free and harmless against any and all liability to others on account of any such contract or commitment. The {03602291.DOC;1 } - 25 - Association shall, as a Common Expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation. Section 12.9 Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. [Remainder of page left blank; signature follows on next page.] {03602291.DOC;1 } - 26 - IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and year first above written. MAINVUE WA LLC, a Delaware limited liability company By: Mainvue Homes LLC, a Delaware limited liability company Its: Manager By: Name: Vanessa Normandin Its: President STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Vanessa Normandin, personally known to me to be the President of Mainvue Homes LLC, the Delaware limited liability company that is the Manager of Mainvue WA LLC, the Delaware limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument. GIVEN under my hand and official seal this _____ day of _______________, 2018. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires . {03602291.DOC;1 } - 27 - Exhibit A THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: PARCEL A: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF THE CITY OF SEATTLE CEDAR RIVER PIPE LINE AS CONVEYED TO THE CITY OF SEATTLE BY DEED RECORDED IN KING COUNTY, UNDER AUDITOR’S FILE NO. 178644, WITH EAST LINE OF WEST HALF OF SOUTHEAST QUARTER OF SAID SECTION 21; THENCE NORTH 123.74 FEET MORE OR LESS TO SOUTHERLY RIGHT OF WAY LINE OF THE CITY OF SEATTLE MERCER ISLAND PIPE LINE AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 486190, UNDER ORDINANCE NO. 84393; THENCE NORTH 31° 18' 16" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE 969.34 FEET TO A POINT ON THE ARC OF A CURVE FROM WHICH POINT A RADIUS TO SAID CURVE BEARS SOUTH 31° 18' 16" EAST 1,014.82 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AN ARC DISTANCE OF 831.63 FEET MORE OR LESS TO POINT ON NORTHERLY RIGHT OF WAY LINE OF SAID CITY OF SEATTLE CEDAR RIVER PIPELINE; THENCE EASTERLY ALONG THE SAID NORTHERLY RIGHT OF WAY LINE 1014.92 FEET MORE OR LESS TO POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21. PARCEL B: THAT PORTION OF NORTHWEST QUARTER OF SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING SOUTHWESTERLY OF SOUTHWESTERLY LINE OF THE MERCER ISLAND PIPELINE RIGHT OF WAY AND SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF SOUTHEAST CORNER OF LOT 8, TIFFANY PARK DIVISION NO. 3, ACCORDING TO THE PLAT RECORDED IN VOLUME 109 OF PLATS, PAGE 16, IN KING COUNTY, WASHINGTON, WITH THE NORTHERLY LINE OF THE CEDAR RIVER PIPELINE RIGHT OF WAY; THENCE EASTERLY ALONG SAID NORTHERLY LINE 60 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTHEASTERLY ALONG A CURVE TO RIGHT HAVING A RADIUS OF 1,014.82 FEET A DISTANCE OF 831.63 FEET, MORE OR LESS, TO SOUTHWESTERLY LINE OF THE MERCER ISLAND PIPELINE RIGHT OF WAY AND THE TERMINUS OF SAID LINE. {03602291.DOC;1 } - 28 - PARCEL C: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING NORTHERLY OF THE CEDAR RIVER PIPELINE RIGHT OF WAY, AS CONDEMNED IN KING COUNTY SUPERIOR CAUSE NO. 31510, AND SOUTHWESTERLY OF THE MERCER ISLAND PIPELINE RIGHT OF WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 486190. PARCEL D: THAT PORTION OF THE SOUTHEAST QUARTER AND OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 21; THENCE NORTHERLY ALONG SAID EAST LINE 123.74 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE SEATTLE MERCER ISLAND PIPE LINE; THENCE NORTH 31° 18' 16" WEST, ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, 969.34 FEET TO A POINT ON THE ARC OF CURVE FROM WHICH POINT A RADIUS TO SAID CURVE BEARS SOUTH 31° 18' 16" EAST 1,014.82 FEET, AS DESCRIBED IN DEED TO THE RENTON SCHOOL DISTRICT NO. 403, RECORDED UNDER AUDITOR’S FILE NO. 5180785, AND WHICH IS THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHWEST ALONG THE SAID SOUTHERLY PIPELINE RIGHT OF WAY 453.45 FEET, TO THE SOUTHEAST CORNER OF LOT 11 OF TIFFANY PARK DIVISION 4, ACCORDING TO THE PLAT RECORDED IN VOLUME 111 OF PLATS, PAGES 47 AND 48, IN KING COUNTY, WASHINGTON; THENCE SOUTH 86° 32' 17" WEST 411.86 FEET, MORE OR LESS, TO A POINT ON THE EAST BOUNDARY OF LOT 6, BLOCK 3, TIFFANY PARK DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 92 OF PLATS, PAGES 34 THROUGH 36, IN KING COUNTY, WASHINGTON; THENCE ALONG BOUNDARY OF SAID BLOCK 3 SOUTH 38° 11' 27" WEST 55.36 FEET; THENCE ALONG BLOCK 3, SOUTH 60° 01' 54" WEST 222.76 FEET; THENCE FURTHER ALONG SAID BLOCK 3, SOUTH 30° 52' 58" WEST 130.13 FEET; THENCE FURTHER ALONG SAID BLOCK 3, SOUTH 10° 34' 45" WEST 50 FEET; THENCE SOUTH 79°25' 15" EAST 50 FEET; THENCE SOUTH 22° 05' 45" EAST 785.69 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE CITY OF SEATTLE’S CEDAR RIVER PIPELINE; {03602291.DOC;1 } - 29 - THENCE SOUTH 78° 56' 52" EAST, ALONG SAID PIPELINE RIGHT OF WAY, A DISTANCE OF 60 FEET TO A POINT WHICH IS THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED UNDER AUDITOR’S FILE NO. 5180785; THENCE NORTHEASTERLY ALONG THE BOUNDARY OF SAID PARCEL, WHICH BOUNDARY IS A CURVE TO THE RIGHT WITH A RADIUS OF 1,014.82 WITH A DISTANCE OF 831.63 FEET MORE OR LESS, TO A POINT WHICH IS ON THE SOUTHERLY RIGHT OF WAY LINE OF THE CITY OF SEATTLE'S MERCER ISLAND PIPELINE AND TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEED RECORDED UNDER RECORDING NO. 7809150816. {03602291.DOC;1 } - 30 - Exhibit B Fence Detail