HomeMy WebLinkAboutRC 20060530001975 v
After Recording Return to: -
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055 20060530001975
CITY OF RENTON COV 66.00
PAGE001 OF 034
05/30/2006 14:49
KING COUNTY, WA
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS & RESTRICTIONS
OF JERICHO ESTATES
Grantor: Norris Homes, Inc.
Grantee: Jericho Estates
Reference Numbers of Documents Assigned or Released:
Legal Description (abbreviated): Lots 1 through 35 of the plat of Je icho Estates recorded
under King County Auditor's Recording No.90o6O53000/S7 `y
Complete Legal Description is located on Pages 1 through 3 of document
Assessor's Tax Parcel Numbers:
THIS DECLARATION running with the land, made this /s day of
, 2006, by Norris Homes, Inc. ("Declarant" and "Developer" as
appropriat . To the extent that other Covenants, Conditions and restrictions exist (either
prior or subsequent) regarding the property contained within the legal description herein, the
present Declaration of Protective Covenants is intended to co-exist and overlap existing and
subsequent Covenants and not replace existing and subsequent Covenants.
WITNESSETH:
WHEREAS, Declarant is the owner in fee of certain real property (the "Real
Property") located in the County of King, State of Which, which has been subdivided and
which is legally described as follows:
Page 1 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
wit
PARCEL A:
THE WEST 277.5 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 30 FEET THEREOF FOR COUNTY
ROAD;
ALSO EXCEPT THE SOUTH 12 FEET OF THE NORTH 42
FEET THEREOF CONVEYED TO KING COUNTY FOR
ROAD PURPOSES BY DEED RECORDED UNDER
RECORDING NUMBER 5823643;
ALSO EXCEPTING THE SOUTH 3 FEET OF THE NORTH
45 FEET THEREOF CONVEYED TO KING COUNTY FOR
ROAD PURPOSES BY DEEDS UNDER RECORDING
NUMBERS 8709280693, 8709280695, 8709280696, AND
8709280697.
PARCEL B:
THE EAST HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER, SECTION
15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON; LESS COUNTY ROADS
PARCEL C:
THE EAST 105 FEET OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF
SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THE NORTH 42 FEET IN SOUTHEAST 128TH
STREET;
AND EXCEPT THE EAST 20 FEET THEREOF IN 144TH
AVENUE SOUTHEAST.
AND EXCEPT THE EAST 5 FEET OF THE WEST 10 FEET
OF THE EAST 30 FEET PER CITY OF RENTON
VACATION VAC-05-005
Page 2 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
M
PARCEL D:
THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 15, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THE WEST 277.5 FEET AND THE EAST 135
FEET THEREOF;
AND EXCEPT PORTION CONVEYED TO KING COUNTY
FOR SE 128TH STREET BY DEED RECORDED UNDER
RECORDING NUMBER 5773188.
PARCEL E:
THE WEST 30 FEET OF THE EAST 135 FEET OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 15, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON;
EXCEPT THE NORTH 42 FEET THEREOF LYING
WITHIN SOUTHEAST 128TH STREET.
For ease of reference herein only, the real property subject to these covenants,
conditions and restrictions is commonly referred to herein as "Lots of Jericho Estates."
These CC&R's shall apply equally to all lots set forth above.
The Declarant hereby covenants, agrees and declares that all of the Properties and
Housing Units constructed thereon are and will be held, sold and conveyed subject to the
following covenants, conditions, restrictions, easements and reservations, all of which are for
the purpose of enhancing and protecting the value, desirability and attractiveness of the
Properties for the benefit of all of Properties, their owners and their heirs, successors and
assigns. These covenants, conditions, restrictions, easements and reservations are equitable
servitudes and negative easements which shall run with the Properties and shall be binding
on all parties having or acquiring any right, title or interest in the Properties or any part
thereof, shall inure to the benefit of each owner, shall survive and continue to run with the
Properties and not be discharged by a sale of the Real Property or any portion thereof in the
manner described in RCW 84.64.460. Acceptance of an interest in a Lot or a Housing Unit
and Lot shall be deemed acceptance of the terms and provisions of this Declaration.
The Declarant or its successor and assigns may become the owner of certain real
property, which is adjacent to the Real Property described above. The adjacent real property,
or a portion thereof, may be subjected to the terms and provisions of this Declaration of
Page 3 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
` c
Protective Covenants, Conditions and Restrictions at the option of the Developer, as
hereinafter provided.
NOW,THEREFORE, Declarant hereby declares as follows:
ARTICLE ONE
Definitions
For purposes of the Declaration and the Articles and Bylaws of the Association,
certain words and phrases have particular meanings, which are as follows:
1. "ACC" shall mean the Architectural Control Committee, as appointed
pursuant to Article Nine, Section Four.
2. "Articles" shall mean the Association's articles of incorporation and any
amendments.
3. "Association" shall mean the Jericho Estates Homeowners Association, a
Washington nonprofit corporation, its successors and assigns.
4. "Board" or "Board of Directors" shall mean the Board of Directors of the
Association.
5. "Bylaws" shall mean the Associations Bylaws and any amendments.
6. "Common Areas" shall mean those portions of the Properties which have been
designated to be used in common for the benefit of all lot owners, including easements which
are for the benefit of all lot owners and/or the Association. These common areas shall
include,but not be limited to,the following:
a. Tract A is a storm water detention/water quality pond and each lot
owner has an equal undivided interest in said tract;
b. All the street trees shall be owned and maintained by the Homeowners
Association until City of Renton or its successor agency has adopted a
maintenance program;
c. The following Limited Common Areas are only for the benefit of
certain lots which are defined below:
Page 4 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
(i) The private access and utility easement within Lots 19 and 21
shall be for the benefit of Lots 21 and 22. Lots 21 and 22 shall
be jointly responsible for the maintenance, repairs and
reconstruction of said easement;
(ii) The private access and utility easement within Lots 15, 16, 23
and 24 shall be for the benefit of Lots 23, and 24. Lots 23 and
24 shall be jointly responsible for the maintenance, repairs and '
reconstruction of said easement;
(iii) The private access and utility easement within Lots 11, 12, 25
and 26 shall be for the benefit of Lots 25 and 26. Lots 25 and
26 shall be jointly responsible for the maintenance, repairs and
reconstruction of said easement;
(iv) The 20' wide private access and utility easement within Lots
27, 28, 31 and 32 identified as NE 3` Circle shall be for the
benefit of Lots 27, 28 and 29. Lots 27, 28 and 29 shall be
jointly responsible for the maintenance, repairs and
reconstruction of said easement;
(v) The 26' wide private access and utility easement within Lots
30, 31, 32, 33, 34 and 35 identified as NE 3`d Place shall be for
the benefit of said Lots. Lots 30, 31, 32, 33, 34, and 35 shall
be jointly responsible for the maintenance, repairs and
reconstruction of said easement;
7. "Common Services" shall mean:
a. Maintenance of the common areas as required by the Association.
b. Maintenance of the street trees planted within and/or abutting the
common areas both public and private within the plat.
c. Such additional services as shall be determined by the Board of
Directors of the Association or the Declarant/Developer during the
development period as set forth below.
8. "Declaration" shall mean this Declaration of Protective Covenants, Conditions
. and Restrictions.
9. "Declarant/Developer" shall mean Norris Homes, Inc. or any persons or
entities to which it assigns its rights as Declarant/Developer, or succeeds to its interest.
Page 5 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
10. "Housing Unit" shall mean the building occupying a Lot.
11. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings
and loan association or established mortgage company, or other entity chartered under
federal or state laws, any corporation or insurance company or state or federal agency which
holds a first mortgage or deed of trust against a Lot or Housing Unit thereon.
12. "Lot" shall initially refer to one of the Lots located in the Real Property
described herein. At such time as additional adjacent real property may be subjected to the
Declaration, "Lot" shall include those lots shown on and included in the plat of said
additional property. "Maintained Lot" shall refer to any Lot and Housing Unit which receives
Common Services. The Developer may designate a Maintained Lot in this Declaration, or in
an amendment to this Declaration which adds additional adjacent property. All provisions of
this Declaration which refer to Lots include Maintained Lots.
13. "Member" shall mean every person or entity that holds a membership in the
Association.
14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or
other portion of the properties.
15. "Owner" shall mean the record owner of a Lot, whether one or more persons
or entities, but excluding those having such interest merely as security. A real estate contract
purchaser shall be deemed the Owner.
16. "Person" shall mean a natural person, a corporation, a partnership, trustee or
other legal entity.
17. "Properties" shall initially mean the Real Property. If additional adjacent Real
Property is subjected to the Declaration, "Properties" shall mean the real property described
in this Declaration and the plat or plats of the additional adjacent real property.
18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is
transferred from an Owner to another person or entity by recordation of an instrument of
transfer such as a deed or real estate contract.
ARTICLE TWO
Management of Common Areas. Common Services
Enforcement of Protective Covenants, Conditions and Restrictions
General note concerning use and development of Lots. These CC&R's are not
intended to modify and/or impair any easements and licenses of record. Therefore, all
Page 6 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
structures, development, fences, driveways and the like must not interfere with easements
and licenses of record and also must comply with all applicable City, State and government
codes and regulations that exist regardless of approval by the Declarant and/or Homeowner's
Association. The Declarant and/or Homeowner's Association is/are not liable or responsible
for approval of an item that may ultimately have to be removed or modified based on a City,
State or government code or regulation. For example, if the Homeowner's Association
approves a fence to be built by a Lot Owner and the Lot Owner erects the fence in an
easement that interferes with the easement and must be removed, the Declarant and
Homeowner Association shall have absolutely no liability to the Lot Owner simply because
they approved the construction of the fence.
Section One: Development Period. During the development period, the Association,
the ACC, the Common Areas and all Common Services shall, for all purposes, be under the
management and administration of the Developer.
a. The development period for the Real Property shall be that period of time
from the date of recording of this Declaration until 180 days after the date
upon which 100% of the lots in Jericho Estates have been sold by the
Developer, or Developer's assignee to individual builders or Lot Owners or
any shorter period, as determined by the Developer. It is contemplated at the
time of execution of this document that the current developer will sell the
entire Plat to Norris Homes, Inc. and Norris Homes, Inc. will be substituted to
the rights of the Developer after the closing of the transaction. If Norris
Homes, Inc. closes the purchase of the entire Plat, then Norris Homes, Inc.
shall be considered the Developer under the CC& R's for ease of reference.
b. Front Yard Installation. The front yard must be installed within 30 days of
Final Occupancy Permit being issued by the City of Renton. Yard installation
plans must be pre-approved by the Homeowner's Association prior to
commencement of installation. Yards and all additional areas must comply
with the City of Renton's' rules and regulations dealing with "Impervious
Surface" and any similar restrictions with respect thereto as it relates to a
minimum percentage of grass area.
c. Back Yard Installation. The back yard of a lot must be installed within 90
days of Final Occupancy Permit being issued by the City of Renton. Yard
installation plans must be pre-approved by the Homeowner's Association
prior commencement of installation. Yards must consist of a minimum
percentage of grass and additional areas as to comply with the rules and
regulations of the City of Renton.
Section Two: Directors. Temporary Board During Development Period. During
the development period, the Developer shall appoint at least 1 director, and may appoint any
Page 7of 34
Declaration of Protective Covenants,
Conditions and Restrictions
persons the Developer chooses as directors. The directors will continue to serve as directors
of the Association until a successor is appointed by the Developer, until a director is chosen
by vote at the end of the development period or until the director resigns. The Developer
may, at its option and at such time as the Developer deems appropriate, select a temporary
board of at least 1 to five persons who may or may not be purchasers of Lots. This temporary
board shall have the authority and such rights, responsibilities, privileges and duties to
manage the Association under this Declaration, the Articles and Bylaws, as are assigned to
the temporary Board by the Developer, except the right to participate in selection of members
of the ACC, appeals of the ACC's decisions, or promulgation of guidelines for ACC
evaluation of submissions by Lot Owners. The temporary Board shall be subject to all
provisions of the Declaration, the Articles and Bylaws, provided, that after selecting any such
temporary board, the Developer, in the exercise of its sole discretion, may at any time
terminate such temporary board and resume its management authority or select a new
temporary board.
Section Three: Purpose of Development Period. These requirements and covenants
are made in order to ensure that the Properties and the Association will be adequately
administered in the initial phases of development, to ensure an orderly transition of
Association operations, and to facilitate the Developer's completion of construction of
Housing Units.
Section Four: Authority of Association After Development. At the expiration of
Developer's management authority the Association shall have the authority and obligation to
manage and administer the Common Areas and to enforce these covenants, conditions and
restrictions. Such authority shall include all authority provided for in the Association's
Articles, Bylaws, rules and regulations, as initially adopted, or as the same may hereafter be
amended, and all the authority granted to the Association by this declaration, either directly
or by necessary implication. The Association shall also have the authority and obligation to
manage and administer the activities of the ACC in its responsibilities as described in Article
Ten, Section Five.
Section Five: Authority of Association Regarding Common Areas. The Association
shall have the authority and obligation to collect assessments from the lot owners. The
Association shall administer and manage the Common Areas as well as Common Services.
Section Six: Delegation of Authority. The Board of Directors or the
Declarant/Developer may delegate any of its managerial duties, powers, or functions to any
person, firm, or corporation. The Board shall not be liable for any breach of duty, negligence,
omission, intentional act or improper exercise by a person who is delegated any duty, power
or function by the Board of Directors.
Page 8 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
a K
ARTICLE THREE
Membership
Membership: Every person or entity who is an Owner of any Lot agrees to be a
Member of the Association by acceptance of a deed for such Lot. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. All Members shall have
rights and duties as specified in this Declaration, and in the Articles and Bylaws of the
Association.
ARTICLE FOUR
Voting Rights
Section One: Voting Rights. Members shall be entitled to one vote for each Lot
owned. When more than one person or entity owns an interest in any Lot, the vote for such
Lot shall be exercised as they among themselves determine, but in no event shall more than
one vote be cast with respect to any Lot. The voting rights of any Member may be suspended
as provided in the Declaration, or the Articles or Bylaws of the Association.
Section Two: Voting Rights for Maintained Lots. Owners of Maintained Lots shall
be entitled to one vote for each Lot owned in any election of a representative to the ACC,
subject to limitations as described in Section One. Only Owners of Maintained Lots shall be
entitled to vote for representatives on the ACC.
ARTICLE FIVE
Property Rights in Common Areas
Every Member, subject to governmental rules and restrictions and subject to the notes
on the plat, shall have a right, easement of enjoyment in and to, and an easement for ingress
and egress over and upon the Common Areas either owned by the Association or in which
the members of the Association have an undivided interest as set forth in this Declaration.
These rights and easements shall be appurtenant to and shall pass with the title to every Lot,
subject to the following restrictions:
a. Rules and Regulations. The right of the Association to limit the number of
guests of Members, and to adopt rules and regulations, and establish
appropriate penalties for violation of such rules;
b. Utilities. The right of the Association to exclusive use and management of
said Common Areas for utilities such as pipes, wires, conduits, and other
utility equipment, supplies and material;
Page 9 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
c. Declaration/Developers Rights. The rights reserved to the Developer in the
Declaration;
d. Right to Transfer. The right of the Association to dedicate or transfer by deed
all or any part of the Common Areas to any Member, person, entity, public
agency, authority or utility. No such dedication or transfer shall be effective
without the approval of two-thirds of the Members. Except that Tract A may
not be transferred to any entity other than the City of Renton or the
Homeowners Association without the prior written consent of the City.
e. Other Restrictions. The other restrictions, limitations and reservations
contained or provided for in the Declaration and the Articles and Bylaws of
the Association.
ARTICLE SIX
Maintenance. Common Expenses and Common Services
Section One: Standard of Maintenance - Common Areas.
a. Tract A is a storm water detention/water quality pond facility owned
and maintained by the Homeowners Association and upkeep of the
pond facility including but not limited to the detention, conveyance
pipes, landscaping, fence and irrigation system located within the pond
tract is the responsibility of the Homeowners Association and each lot
owner has an equal and undivided interest in said landscaping and
irrigation.
b. All stormwater conveyance facilities located within the plat of Jericho
Estates outside of Public Right of Way is owned and maintained by
either 1) the Homeowners Association or 2) the owners of the
benefited lot(s) as indicated on the final plat and/or below.
c. Landscaping and irrigation located along NE 4th Street lies within the
City Road Right of Way conveyed to the City of Renton. Maintenance
and upkeep of the landscaping and irrigation located within the NE 4th
Street Right of Way is the responsibility of the Homeowners
Association and each lot owner has an equal and undivided interest in
said landscaping and irrigation.
d. All the street trees shall be owned and maintained by the Homeowners
Page 10 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
Association until the City of Renton or its successor agency has
adopted a maintenance program;
e. The private access and utility easement within Lots 19 and 21 shall be
for the benefit of Lots 21 and 22. Lots 21 and 22 shall be jointly
responsible for the maintenance, repairs and reconstruction of said
easement;
f. The private access and utility easement within Lots 15, 16, 23 and 24
shall be for the benefit of Lots 23, and 24. Lots 23 and 24 shall be
jointly responsible for the maintenance, repairs and reconstruction of
said easement;
g. The private access and utility easement within Lots 11, 12, 25 and 26
shall be for the benefit of Lots 25 and 26. Lots 25 and 26 shall be
jointly responsible for the maintenance, repairs and reconstruction of
said easement;
h. The 20' wide private access and utility easement within Lots 27, 28,
31 and 32 identified as NE 3`d Circle shall be for the benefit of Lots
27, 28 and 29. Lots 27, 28 and 29 shall be jointly responsible for the
maintenance, repairs and reconstruction of said easement;
i. The 26' wide private access and utility easement within Lots 30, 31,
32, 33, 34 and 35 identified as NE 3`d Place shall be for the benefit of
said Lots: Lots 30, 31, 32, 33, 34, and 35 shall be jointly responsible
for the maintenance,repairs and reconstruction of said easement;
j. Street trees planted as a condition of plat approval and planted within
and/or abutting individual lots and planter strips shall be maintained by
the owners of said lots and the street tress planted within and/or
abutting the private and public tracts within this plat shall be owned
and maintained by the Homeowners Association.
Section Two: Standard of Maintenance - Lots. Each Lot Owner hereby covenants
and agrees to maintain his respective Lot and the Housing Unit located thereon in the same
condition as a reasonably prudent homeowner would maintain their home so that the Real
Property will reflect a high pride of ownership.
Each Lot Owner shall perform the maintenance and upkeep of any drainage and/or
underground drain lines and catch basins installed by the Developer on their Lot which are
servicing the yard drainage needs on more than one Lot. In addition to maintaining each Lot
Owner's individual Lot, each Lot owner shall maintain that area of the Planter Strip that is
between each Lot's Owner's individual Lot and the street for the width of the Planter Strip
that is of equal length of the Lot Owner's Lot.
Page 11 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to
conduct maintenance on his Lot or the Housing Unit located thereon, or fails to maintain the
Lot and Housing Unit in the same condition as a reasonably prudent homeowner, or in a
manner which preserves the drainage for other Lots, the Association shall have the right to
notify the Lot Owner in writing of the maintenance required. If the maintenance is not
performed within (30) days of the date notice is delivered to the non-performing Lot Owner,
the Association shall have the right to provide such maintenance, and to levy an assessment
against the non performing Lot Owner and his Lot for the cost of providing the maintenance.
The assessment shall constitute a lien against the Lot owned by the non-performing Lot
Owner and may be collected and foreclosed in the same manner as any other annual or
special assessment. The Association shall have all remedies for collection as provided in
Article Nine of the Declaration.
Section Four: Common Expenses. The Association shall perform such work as is
necessary to carry out the duties described in this Declaration, and shall delegate the
responsibility for management and supervision of such work to the Board, the ACC or to a
manager or agent hired by the Board for the purpose of such management and supervision.
Expenses for such work shall be paid by the Association for the,benefit of all Lot Owners
and shall be referred to as Common Expenses. The Common Expenses shall be paid by the
Association from funds collected from assessments paid by Lot Owners as hereinafter
provided. The Common Expenses shall include, but shall not be limited to,the following:
a. The expense of maintaining the Common Areas as more particularly
set forth in Section One;
b. The real property taxes levied upon the Common Areas.
c. The cost of maintaining all required insurance coverage and fidelity
bonds on any Common Areas, and for directors and officers of the
Association and the ACC
d. The cost of any repairs or replacement of Common Areas;
e. Utility charges attributable to Common Areas owned by the
Association;
f. The cost of operating any recreational facilities;
g. Any other expense which shall be designated as a Common Expense in
the Declaration or from time to time by the Association.
Page 12 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
ARTICLE SEVEN
Assessments
Section One: Types of Assessments. Each Lot shall be subject to annual assessments
or charges and certain special assessments in an amount to be determined by the Association.
Each Maintained Lot shall, in addition to the assessments and charges for Lots, be subject to
annual assessments or charges and certain special assessments for Common Services.
Section Two: One-Time Initiation Fee and Annual Assessments. It is understood that
all owners of lots within Jericho Estates will become members of the Jericho Estates
Homeowners Association, a non-profit corporation organized and existing under the laws of
the State of Washington. This Association,will provide for the assessment and collection of a
one-time initiation fee approximately $400.00 for each Purchaser of a Lot, at closing which
will be paid directly to Developer to partially reimburse Developer for expenses associated
with certain improvements installed by Developer on behalf of the Association.
In addition to the one-time initiation fee, The Association will also assess annual dues
and each member is to maintain and improve the common areas of Jericho Estates. The
annual dues of the Association are $400.00 per annum until amended and shall be paid to
The Jericho Estates Homeowners Association on a pro rata basis depending on the actual
closing date of an owner's purchase of a Lot.
The initial annual assessment shall be $400.00 per Lot commencing on January 1st of
each year, 20% of which shall be allocated and paid to the Declarant/Developer for plat
management services provided or by a professional management firm hired by the
Declarant/Developer to the Association. Such allocation of funds to the Declarant/Developer
shall cease when the development period expires and the Association assumes collection
costs, bookkeeping, and other management responsibilities, which are described with
particularity in the By-Laws of the Association. Each Builder/Lot Owner, upon purchasing
from a Developer shall pay the pro rata portion of said assessment. Said annual assessment
shall be due on or before January 30th of each year in which the assessment is made. The
above referenced annual assessment and all subsequent annual assessments shall be paid to
the Homeowners Association who shall then pay for the expenses of the Association as
required under the terms of this Declaration. In the event the expenses of the Association are
in excess of the assessments collected, then the Builder/Owners who subsequently purchase
from the Declarant shall pay the difference to the Association on a pro rata basis as
determined by the number of Lots owned by all such Builder/Owners. At such time as there
had been sufficient assessments collected by the Association, then said Builder/Owner shall
be reimbursed.
Page 13 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
1
The Declarant shall not be responsible or liable for the payment of any assessment
against any Lot owned by the Declarant.
Section Three: Determination of Amount. The Board of Directors of the Association
shall determine the amount of annual assessment necessary to pay Common Expenses at least
15 days prior to the start of its fiscal year. The amount of annual assessment may be
increased or decreased periodically as may be necessary from time to time to provide
properly for payment of the Common Expenses. The amount of such annual assessments
shall be equal for all Lots subject to said annual and special assessments except for
assessments of Owners of Maintained Lots. There shall be no annual assessment for Lots or
Maintained Lots owned by Developer, without the consent of the Developer. The
Association may create and maintain from regular annual assessments a reserve fund for
replacement of those Common Area improvements which can reasonably be expected to
require maintenance or replacement. Written notice of all assessments shall be given to each
Owner. If the Board or ACC fails to fix an assessment for a fiscal year, the assessment shall
be automatically continued at the sum previously set by the Board or ACC until such time as
the Board acts.
Section Four: Certificate of Payment. The Association shall, upon written demand,
furnish a certificate in writing setting forth whether the assessment on a specified Lot or
Maintained Lot has been paid. A reasonable charge may be made for the issuance of the
certificate. Such certificate shall be conclusive evidence of payment of any assessment stated
to have been paid.
Section Five: Special Assessments. In addition to the annual assessments authorized
above, the Association, by and through its Board of Directors, or the ACC may levy, in any
year, a special assessment applicable to that year only, for the purpose of defraying, in whole
or in part, the cost of any construction or reconstruction, unexpected repair or replacement of
facilities in the Common Areas, including the necessary fixtures and personal property
related thereto, or the provision of any necessary Common Services. However, Lots owned
by the Developer shall not be subject to special assessments and the Developer shall not be
obligated to pay any special assessments. Assessments may be made based upon the
estimated cost of such work, prior to the work's commencement, provided such estimate has
been provided by a licensed contractor retained by the Board or ACC for the purpose of such
estimate. All special assessments for construction of new facilities or acquisition of new
equipment, which is not for the upgrade, repair or replacement of existing construction or
equipment, shall require approval of two-thirds the Members or Owners of Maintained Lots,
as appropriate.
Page 14 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
•
ARTICLE EIGHT
Collection of Assessments. Enforcement
of Declaration. Attorney's Fees and Costs
Section One: Lien - Personal Obligation. All assessments, together with interest
and the cost of collection shall be a charge on the land and will be a continuing lien upon the
Lot against which each such assessment is made. The lien shall have all the incidents of a
mortgage on real property. Each such assessment, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of
such Lot at the time the assessment fell due. No Owner may waive or otherwise avoid
liability for assessments by non-use of the Common Areas, Common Services or
abandonment of the Lot.
Initially, the annual homeowner association dues shall be $400 per year. The Board
of Directors may amend and modify the annual dues by a majority vote of the Directors
presiding at that time. Upon the initial sale of a lot from the Declarant to the initial home
purchaser, the home purchaser shall pay the $400 homeowner association dues in full at the
time of closing.
Section Two: Delinquency. If any assessment is not paid within thirty (30) days after
its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in
the event that twelve percent (12%) exceeds the maximum amount of interest that can be
charged by law, then the highest permissible rate as provided for the law. A late charge of
five percent(5%) of the amount overdue shall be charged for any payment more than ten(10)
days past due. Each Member hereby expressly vests in the Association, or its agents, the right
and power to bring all actions against each Member personally for the collection of such
assessments as a debt and to enforce lien rights of the Association by all methods for the
enforcement of such liens, including foreclosure by an action brought in the name of the
Association in a like manner as a mortgage of real property, and such Member hereby
expressly grants to the Association the power of sale in connection with such liens. The liens
provided for in this section shall be in favor of the association, and shall be for the benefit of
the Association. The Association shall have the power to bid at a foreclosure sale and to
acquire, hold, lease, mortgage and convey any Lot obtained by the Association.
Section Three: Suspension of Voting. Rights Common Services. In the event any
Member shall be in arrears in the payment of the assessments due or shall be in default of the
performance of any of the terms of the Articles and Bylaws of the Association, the rules or
regulations adopted by the Association, or the Declaration for a period of thirty (30) days,
said Member's right to vote shall be suspended and shall remain suspended until all
payments are brought current and all defaults remedied. In addition, the Association shall
Page 15 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
have such other remedies against such delinquent Members as may be provided in the
Articles, Bylaws or Declaration. Default in the payment of assessments for Common
Services shall entitle the ACC to suspend provision of Common Services for the defaulting
Owner of a Maintained Lot and ACC voting rights.
Section Four: Commencement of Assessments. The assessments shall commence
as to each Lot within the property (except Lots owned by the Developer) upon the first day of
the month following the initial conveyance of the Lot. The first assessment on any Lot shall
be adjusted according to the number of days remaining in the month. At the time of each
initial sale, the Developer may, at its election, collect from each Purchaser an amount equal
to six months' assessment for the Association and ACC, to be placed in the Association's
account. Any interest earned by the Association on assessments held by it shall inure to the
benefit of the Association.
Section Five: Enforcement. The Board may take such action as is necessary,
including the institution of legal proceedings, to enforce compliance with or specific
performance of any of the covenants or restrictions contained in this Declaration, rules or
regulations adopted by the Association, or the provisions of the Articles or Bylaws of the
Association. In the event the Board commences an action to .enforce any such rights,
including the rights of any individual Lot Owner, the prevailing party shall be entitled to its
attorney's fees, costs and expenses incurred in the course of such enforcement action as
provided in Article Eighteen, Section Five.
ARTICLE NINE
Building, Use and Architectural Restrictions
Section One: Development Period. The Developer hereby reserves for itself, its
successors and assigns, the right to exercise any and all powers and controls herein given to
the Board of Directors, the ACC or its authorized representative in this Article of the
Declaration, during the development period as described in Article Three, Section One. This
reserved right shall automatically terminate when the Developer no longer owns any Lot in
the Real Property or Adjacent Real Property, or at such earlier time as the reserved right is
relinquished to the Board of Directors or the ACC of the Association. Each Lot shall be
subject to this reserved right and each Owner shall take subject thereto.
Section Two: Authority of ACC After Development. At the expiration of the
developer's management authority during the development period, the ACC shall have the
authority and obligation to manage and administer the review of building plans,
specifications and plot plans and such other submissions as described in Section Five herein,
and to enforce these covenants, conditions and restrictions. Such authority shall include all
authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations,
as initially adopted, or as the same may hereafter be amended, and all the authority granted to
Page 16 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
the ACC by this Declaration, either directly or by necessary implication.
Section Three: Delegation of Authority of ACC. The ACC or the developer may
delegate any of its managerial duties, powers, or functions to any person, firm, or
corporation. The ACC shall not be liable for any breach of duty, negligence, omission,
intentional act or improper exercise by a person is delegated a duty, power or function by the
ACC.
Section Four: Appointment of ACC. The Board shall appoint the members of the
ACC. There shall be three members of the ACC, chosen in the manner described in the
Articles and Bylaws of the Association.
Section Five: Approval Required. Except as to original construction, alteration, or
improvements performed by the Developer, no construction activity of any type including
clearing and grading, cutting or transplanting of natural vegetation may begin on a Lot or
Common Area and no building, structure, fence or other improvement shall be erected,
placed or altered on any Lot or Common Area until at a minimum, the building plans,
specifications and plot plans showing the nature, kind, shape, height, materials, exterior color
and location of such building, structure or other improvements have been submitted and
approved in writing by the ACC or its authorized representative as to harmony of exterior
design and location in relation to and its effect upon surrounding structures and topography.
Further, no fences, hedges or walls shall be erected or altered and no exterior changes of any
kind shall be made to any building including, but not limited to, exterior color changes,
additions or alterations until such written approval shall have been obtained.
a. If the ACC or its authorized representative shall fail to notify the
Owner of its action for a period of thirty (30) days following the date
of the submission of the required information to the ACC, or its
authorized representative, the Owner may proceed with the proposed
work notwithstanding the lack of written approval by the ACC or its
authorized representative. The required information shall be submitted
to the ACC upon personal delivery of a complete set of all required
information on the person designated to receive such items by the
ACC, or by mail three days after deposit in the U.S. Mail, postage
prepaid, certified, return receipt requested, to the ACC in care of the
Board of Directors of the Association at the address designated in the
most recent notice of assessment issued by the Board, or at such other
address as is designated by the ACC by written notice to the Members.
b. The ACC shall have the authority to adopt and amend written
guidelines to be applied in its review of plans and specifications, in
order to further the intent and purpose of this Declaration and any
other covenants or restrictions covering Real Property. If such
Page 17 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
} i
guidelines are adopted they shall be available to all interested parties
upon request.
c. The ACC shall meet as is necessary to review any plans or
specifications provided pursuant to this Section, and shall keep and
maintain a record of all actions taken at meetings or otherwise.
d. Approval by the ACC of any plans, drawings or specifications shall
not be a waiver of the right to withhold approval of any similar plan,
drawing, specification or matter submitted for approval.
e. The ACC may retain and consult persons or entities qualified to assist
in the evaluation of plans submitted to the Board for review.
f. The ACC, its agents and the Members shall not be liable to the
Association, to any Owner or to any other person for any damage, loss
or prejudice resulting from any action on a matter submitted to the
ACC for approval of plans and specifications or for failure to approve
any matter submitted to the ACC. The ACC or its members may
consult with the Association or any Owner with respect to any plans,
drawings or specifications, or any other proposal submitted to the
ACC.
g. The Board shall serve as an appellate panel to review decisions of the
ACC upon request of a party aggrieved by the ACC's decision. The
Board shall provide, through rules and regulations, a procedure by
which decisions of the ACC may be appealed to the Board. The Board
may choose, in its discretion, to limit the scope of such appeals and
provide time limitations for appeals to be made to the Board.
h. The ACC may recommend and request that the Board initiate legal
proceedings to enforce the terms of these covenants or orders of the
ACC. Legal proceedings may only be instituted, however, after
approval of the Board.
Section Six: Restrictions on Permanent and Temporary Structures. If an "out
building" or structure is placed or erected on a Lot, the "out building" or structure must
conform to all applicable building codes and set back requirements. Despite building and
zoning codes, in no event be can the "out building or structure be taller than six (6) feet in
height measured from the topography of the land to the structure's tallest point including
antennae, if any. No basement, tent, shack, garage, barn or other outbuilding or buildings or
any structure of a temporary or moveable character erected or placed on the Properties shall
at any time be used as living quarters except as specifically authorized by the ACC.
Page 18 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
•
This section and restriction contemplates and includes such things as carports (both
permanent and temporary/portable), Recreational vehicle covers (both permanent and
temporary/portable), boat covers (both permanent and temporary/portable), and car covers
(both permanent and temporary/portable).
Section Seven: No noxious or undesirable thing, activity or use of any Lot in the
Properties shall be permitted or maintained. If the ACC shall determine that a thing or use of
property is undesirable or noxious, such determination shall be conclusive. The ACC may
recommend and the Board may direct that steps be taken as is reasonably necessary,
including the institution of legal action, to abate any activity, remove anything or terminate
any use of property which is determined by the ACC or described in this Declaration to
constitute a nuisance.
Section Eight: Limitation on Animals. No animal, livestock or poultry of any kind
shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept if they
are not kept, bred or maintained for any commercial purpose, and they shall not be kept in
numbers or under conditions reasonably objectionable in a closely built-up residential
community. Animals shall not be allowed to roam loose outside the limits of any Lot on
which they are kept. Any dogs must be kept so as to minimize excessive noise from barking
or otherwise shall be considered a nuisance according to the terms of this Declaration.
Section Nine: Limitation on Signs. No sign of any kind shall be displayed to public
view on any Lot, except one sign, not to exceed 24 inches by 24 inches, advertising the Lot
(where posted) for sale or rent by the Owner thereof, or such Owner's authorized agent. In
addition to other rights reserved to the Developer or its successors or assigns in the
Declaration, the Developer hereby reserves for itself, its successors or assigns, so long as it
owns any Lot, the right to maintain upon the property such signs as in the sole opinion of the
Developer are required, convenient or incidental to the merchandising and sale of the Lots.
All other signs except as described above shall only be displayed to public view after written
approval of the ACC, its authorized representative, or the Developer as herein provided.
Section Ten: Completion of Construction Projects. The work of construction of all
building and structures shall be prosecuted diligently and continuously from commencement
of construction until the structures are fully completed and painted. All structures shall be
completed as to external appearance, including finish painting, within six months of the date
of commencement of construction, except such construction as is performed by the
Developer, which shall be exempt from the limitations contained in this Section. Except with
the approval of the ACC, no person shall reside on the premises of any lot until such time as
the improvements to be erected thereon in accordance with the plans and specifications
approved by the Board have been completed.
Page 19 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
s '
a. No mobile homes or manufactured homes or modular homes are
permitted within Jericho Estates.
b. The total finished floor area in any one residential unit should be no
less than 1500 square feet for ramblers or two stories and 1550 square
feet for splits or tri-levels with unfinished basements.
c. No T-111 siding will be used on the front exterior.
d. No individual water supply system shall be permitted on any lot.
e. No individual sewer disposal system shall be permitted on any lot.
f. No oil drilling, oil development operations, oil refining, quarrying or
mining operations of any kind shall be permitted upon or in any lot,
nor shall oil wells, banks, tunnels, mineral excavations or shafts be
permitted upon or in any lot. No derrick or other structure designed
for use in boring for oil or natural gas shall be erected, maintained or
permitted upon any lot.
g. No lot or portion of a lot in this plat shall be divided and sold and/or
transferred whereby the ownership of any portion of this plat shall be
less than the area required for the use as a single family residence
within the prevailing Building Code for the County of King. The
purpose of this section is to prevent the creation of "sub-standard"
sized lots and/or"unbuildable" lots.
Section Eleven: Unsightly Conditions. No unsightly conditions shall be permitted to
exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or
exposed in view for drying, litter, trash, junk or other debris; inappropriate, broken or
damaged furniture or plants; no decorative gear, equipment, cans, bottles, ladders, trash
barrels and other such items; and no awnings, air conditioning units, heat pumps or other
projections shall be placed on the exterior walls of any Housing Unit unless prior written
approval shall have been obtained from the ACC.
Section Twelve: Antennas Satellite Reception. No radio or television antenna or
transmitting tower or satellite dish shall be erected on the exterior of any home or on any lot
with the exception that a satellite dish eighteen(18) inches (more or less) in diameter may be
attached to the exterior of any home with the approval of the Architectural Control
Committee. If the satellite dish is affixed to the exterior of the actual house, there is no height
restriction on its placement. However, if the satellite dish is placed on a pole or other
structure apart from the house, the satellite dish can be no higher than seven (7) feet tall
measured from the topography of the land.
Page 20 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
•
Section Thirteen: Storage of Vehicles. Except as hereinafter expressly provided, the
Lots, Common Areas and/or streets located on the Properties shall not be used for the storage
and/or overnight parking of any vehicle other than private family automobiles or
motorcycles; and no commercial vehicle, boat, boat trailer, house trailer, camper, truck, truck
with camper, or other recreational vehicle or similar object may be stored and/or parked
overnight on any part of the Properties, except as specified herein. No inoperable vehicles of
any kind, or motorcycles shall be parked, stored, maintained, or constructed on any lot or
street unless stored in a garage.
Notwithstanding the foregoing, the following two (2)uses are allowed:
(1) It may be permissible by the ACC to approve a Lot Owner storing/parking a
recreational vehicle, boat and/or boat trailer on the side or backyard of a Lot
as long as (a) The ACC approves the Lot Owner's plans in advance; (b) a
fence in constructed in conformity with the CC&R's with a gate made of the
same material and height as the overall fence so that when the gate is closed,
the object stored/parked is adequately screened from view in the sole
discretion of the ACC on a case by case basis; (c) the ingress and egress of the
object does not require a path that encroaches on another Lot Owner's parcel;
and (d) if the ACC deems it important to the overall aesthetics of the
neighborhood, the ACC can require an area of the Lot demarked as the
ingress/egress path to be.surfaced with crushed rock, asphalt or concrete and
the ACC can require additional landscaping be maintained to enhance the
overall appearance of the Lot.
(2) Another use that is allowed concerns Lot Owners who have guests visiting
them who intend to stay in a camper, trailer, or other form of recreational
vehicle, may secure written permission from the ACC or its authorized
representative, for guests to park a vehicle upon the Lot owned by a Lot
Owner or the public street adjacent to a Lot for a period of up to 7 consecutive
calendar days. The same camper, trailer or other form of recreational vehicle
must then be immediately removed and cannot be parked in any area subject
to these CC&Rs within the following 50 weeks. The privilege shall only exist,
however, after the written permission has been obtained from the ACC or its
authorized representative. Violation of this restriction shall result in a $100
per day fine for each day of the violation.
The ACC or its authorized representative may give written notice of a violation to the
Lot Owner or occupant and the Lot Owner or occupant shall have two (2) days from the date
of receipt of the written notice to take whatever actions are necessary to remedy the violation.
If said Lot Owner shall not comply within the three-day period, the ACC or its authorized
representative is hereby granted the right to remove at the expense of the Owner thereof, any
vehicles or similar items which are parked or stored in violation of the terms and provisions
Page 21 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
hereof. The Lot Owners hereby grant to the Association and the ACC an express easement
for the purpose of going upon the Lots of said Lot Owners or public streets for the purpose of
removing any vehicles or similar items which are parked or stored in violation of the terms
and provisions hereof.
No mechanical repair shall be conducted on any Lot unless such repairs are
conducted in a fully enclosed garage on the Lot on the Owner's private vehicle. Any such
repair activity must be conducted in a manner which is not offensive to persons residing in
the neighborhood, is not unsightly and does not result in unusual noise or debris being placed
upon the premises. The power of the ACC to remove any inoperable vehicle or motorcycle or
other motorized apparatus on which mechanical repairs are being conducted in violation of
the terms of the covenant shall be exercised in the same manner as described above, in this
Section.
Section Fourteen: Setbacks. No building shall be located on any Lot nearer to the
front lot line or nearer to the side street than the minimum building setback lines adopted by
the governmental authority with jurisdiction over the Properties. For purposes of this
covenant, eaves, steps and open porches shall not be considered a part of a building;
provided, however, that this shall not be construed to permit any portion of a building on a
Lot to encroach upon another Lot.
Section Fifteen: Roofs. Roofs on all buildings must be finished with tile, cedar
shakes or composition roof unless approval for use of other material is granted by the ACC
or its authorized representatives. The color of the roofing material must be approved either
by the Declarant or the Homeowner Association.
Section Sixteen: Driveways. All driveways and parking areas shall be exposed
aggregate, unless approval for use of another material is granted by the ACC or its authorized
representatives.
Section Seventeen: Fences and Walls. In order to preserve the aesthetics of the
Properties, no fence, wall or hedge shall be erected or placed on any Lot unless prior written
approval has been obtained from the ACC. The design and color of any fence on the
properties shall be approved by the ACC before construction, and shall be substantially
similar or in harmony with other fences located on the Properties. Fences are to be
constructed of cedar material and shall not exceed 6 feet in height and must be constructed of
cedar.
Fences can not be erected in the front yard. A backyard fence can not extend beyond
the front of the house or garage depending on the respective side the fence is built.
Section Eighteen: Residential Use Only: Home Businesses Limitation and Home
Office Exception.
Page 22 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
• f
A. Home Business: Except for Developer's temporary sales offices and model
homes, no Lot shall be used for other than one detached single-family
dwelling with driveway parking for not more than three cars, and no trade,
craft business, commercial or manufacturing enterprise or business or
commercial activity of any kind shall be conducted or carried on upon any to
or within any building located on a lot; nor shall any goods, materials or
supplies used in connection with any trade, service or business, wherever the
same may be conducted, be kept or stored, outside any building on any Lot;
nor shall any goods, used for private purposes and not for trade or business be
kept or stored outside any building on any Lot.
B. Home Office: However, the provisions of this Section may be waived in
writing by the ACC upon application by a Lot Owner for "home office" use.
In drawing a distinction between a Home Business and a Home Office, a
Home Office will not adversely impact the neighborhood in the sole discretion
of the Homeowner's Association, no clients or customers would visit the
home and the Lot Owner would not have any other employees or independent
contractors. Such application shall describe the type of home office use to be
conducted, the estimated amount of traffic generated and the impact of such
activity on the neighborhood. The ACC shall exercise its sole discretion to
approve or disapprove such activity, balancing the interests of the Lot Owner
with the impact on the neighborhood. Nothing in this Section shall permit the
use of a Lot for a purpose which violates law or applicable zoning codes.
Section Nineteen: Refuse: No garbage, rubbish or cuttings shall be deposited on or
left on the Lot premises, unless placed in an attractive container suitably located and
screened from public view. No building material of any kind shall be placed or stored upon
any Lot until the Owner is ready to commence construction; then such material shall be
placed within the property line of the Lot upon which the structures are to be erected and
shall not be placed in the street.
Section Twenty: Fuel Tanks Prohibited. No fuel tank shall be maintained on any Lot.
Section Twenty-One: Excavations. Except with permission of the ACC, or except as
may be necessary in connection with the construction of any improvement approved by the
ACC, no excavation shall be made nor shall any dirt be removed from a Lot.
Section Twenty-Two: Underground Utilities Required. Except for any facilities or
equipment provided by the Developer or any utility, all electrical service, telephone lines and
other outdoor utility lines shall be placed underground.
Section Twenty-three: Enforcement. The Association, or the Developer during the
development period, may, but is not required to, take any action to enforce the provisions of
Page 23 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
• jj . ! i
a F
the Declaration available to it under law, including but not limited to specific performance,
injunctive relief, and damages. Any Member may also enforce the terms of this Article, but
must first obtain an order from a court of competent jurisdiction entitling the Member to
relief. In the event that a Member takes action to enforce the terms of this Article, the
Association shall not be in any way obligated to join in such action, or pay any of the
attorney's fees, costs and expenses incurred in such action.
Section Twenty-four: Restrictions on Use of Cul de Sac, Streets, Common Areas and
Open Spaces: Lot Owner will not be allowed to erect basketball goals or place portable
basketball goals in any location in front of the house including the cul de sac, streets,
common areas, open spaces and/or sidewalks. Basketball backboard/hoop may not be
attached to the garage area of the front of the house in the driveway area
Bicycle/skateboard/rollerblade/roller-skate/scooter use shall be allowed; however,
they cannot be ridden on the sidewalks and cannot interfere with the adjacent property
owner's quiet enjoyment of their respective property.
Section Twenty-five: Restrictions on Parking: Vehicles of any kind may not be
parked in the street and/or in the Cul de Sac. Further, vehicles may not be parked in the front
yard. The driveway is not considered"yard."
ARTICLE TEN
Easements
Section One: No Implied Easements. There are no implied easements over, upon or
across any portion of the Properties.
Section Two: Easement for Encroachments. Each Lot is, and the Common Areas are,
subject to an easement for encroachments created by construction settlement and overhangs
as designed or constructed by the Developer, and to a valid easement for said encroachments
and for maintenance of the same as long as the encroachments remain.
Section Three: Easements on Exterior Lot Lines. In addition to easements reserved
on any plat of the properties or shown by instrument of record, easements for utilities and
drainage are reserved for the Developer or its assigns, over a five-foot wide strip along each
side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over,
under, and on the Common Areas. Within all of the easements, no structure, planting or fill
material shall be placed or permitted to remain which may, in the opinion of the Board or
ACC, damage or interfere with the installation and maintenance of utilities, or which may
obstruct or retard the flow of water through drainage channels and the easements. The
easement area of each Lot and all improvements within it shall be maintained continuously
Page 24 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
.
by the Owner of such lot, except those improvements for which a public authority, utility
company or the Association is responsible.
Section Four: Association's Easement of Access. The Association, the ACC, the
ACC and its agents shall have an easement for access to each Lot and to the exterior of any
building located thereon during reasonable hours as may be necessary for the following
purposes: (a) cleaning, maintenance, repair or replacement of any home or Lot as provided
in Article Seven, Section Three of this Declaration which shall also include the reasonable
right of entry to the interior of any building, to the extent necessary to perform the work
described in that article arid section; (b) repair, replacement or improvement of any Common
Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the
Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance,
repair or restoration work which the Owner is required to do but has failed or refused to do;
(e) all cleaning, maintenance or replacement of any home or lot as provided in Article
Fourteen, Section Four, which shall also include the right of entry to the interior of any
building, to the extent necessary to perform the work described in that article and section; (f)
all work necessary to perform Common Services for Maintained Lots; and (g) all acts
necessary to enforce these Covenants.
Section Five: Easement for Public Service Personnel. An easement for access by
police, fire, rescue and other personnel is reserved across all Common Areas as necessary or
appropriate for the performance of their public duties.
Section Six: Easement for Developer/Declarant. Developer/Declarant shall have an
easement across all Common Areas for ingress, egress, storage and placement of equipment
and materials, and other actions necessary or related to the development or maintenance of
the Real Property.
Section Seven: Easement for installation and maintenance of utilities and drainage
facilities. Easements for installation and maintenance of utilities and drainage facilities are
reserved as shown on the recorded plat. Within these easements, no structure planting or
other material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of utilities or which may change the direction of flow or
drainage channels in the easements. The easement(s) of each lot and all improvements in it
S P
shall be maintained continuously by the owner of the lot, except for those improvements for
which a public authority or utility company is responsible.
ARTICLE ELEVEN
Mortgage Protection
Section One: Mortgagees. Notwithstanding and prevailing over any other provisions
of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules,
Page 25 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
1
•
regulations or management agreements, the following provisions shall apply to and benefit
each Institutional First Mortgagee (Mortgagee) which holds a mortgage given for the purpose
of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the
improvement of any Lot.
Section Two: Liability Limited. The Mortgagee entitled to the protection hereof
shall'not in any case or manner be personally liable for the payment of any assessment or
charge, nor for the observance or performance of any covenant, restriction, regulation, rule,
Association Article of Incorporation or Bylaw, or management agreement, except for those
matters which are enforceable by injunctive or other equitable actions, not requiring the
payment of money, except as hereinafter provided.
Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any
proceeding to foreclose the mortgage, the Mortgagee or the receiver, if any,may exercise any
or all of the rights and privileges of the Owner of the mortgaged Lot, including but not
limited to the right to vote as a Member of the Association to the exclusion of the Owner's
exercise of such rights and privileges.
Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall
become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms
and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the
Association, including but not limited to the obligation to pay for all assessments and charges
accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee
shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any
provisions of the Declaration which secure the payment of any assessment for charges
accrued prior to the date the Mortgagee became entitled to possession of the Lot.
Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the
Association, any unpaid assessment against a Housing Unit foreclosed against may be treated
as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a
personal obligation of the defaulting Owner of the respective Lot to the Association.
Section Six: Subordination. The liens for assessments provided for in this instrument
shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot
or Housing 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 the particular superior security interest.
Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request
therefore to: (a) inspect the books and records of the Association during normal business
hours; (b) receive an annual audited financial statement of the association within (90) days
following the end of any fiscal year; and (c) receive written notice of all meetings of the
Association and designate a representative to attend all Such meeting.
Page 26 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
1
Section Eight: Limitation on Abandonment of Common Areas. The Association
shall not, without the prior written approval of fifty-eight percent (58%) of the Mortgagees,
seek to abandon the Common Areas for reasons other than substantial destruction or
condemnation of the property.
Section Nine: Notice. Mortgagees shall be entitled to timely written notice of: (a)
substantial damage or destruction of any Housing Unit or any part of the Common Areas or
facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units
or any portion of Common Areas or facilities; (c) any default under this Declaration or the
Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing
Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty
(60) day delinquency in the payment of assessments or charges owed by the Owner of any
Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any
lapse, cancellation or material modification of any insurance policy or fidelity bond
maintained by the Association; and (f) any proposed action that requires the consent of a
specific percentage of Mortgagees.
ARTICLE TWELVE
Management Contracts
Each Member hereby agrees that the Association and the ACC may enter into such
agreements for the performance of any or all of the functions of the Association and the ACC
with such persons or entities as the Association shall deem fit and proper in its judgment and
discretion; provided, however, any agreement for professional management of the Properties,
or any other contract providing for services by the Developer must provide for termination by
either party without cause after reasonable notice.
ARTICLE THIRTEEN
Insurance and Condemnation
Section One: Coverage. The Association shall purchase as a Common Area Expense
and shall have authority to and shall obtain insurance for the Common Areas against loss or
damage by fire or other hazards in an amount sufficient to cover the full replacement value in
the event of damage or destruction. It shall also obtain a comprehensive public liability
policy covering the Common Areas. The comprehensive public liability coverage shall be in
an amount to be determined by the Association, but shall not be less than $1,000,000
concerning all claims for personal injury and/or property damage arising out of a single
Occurrence. It shall also obtain, if available at a reasonable cost, insurance to cover the Board
and the ACC, its agents and employees, from any action brought against them arising out of
Page 27 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
•
actions taken in furtherance of the Association's duties under this Declaration. Following the
development period, all such insurance coverage shall be written in the name of the
Association as trustee for each of the Members of the Association. Costs of insurance
obtained by the Developer during the development period shall be a Common Area Expense.
The Association shall review the adequacy of the Association's insurance coverage at least
annually. All policies shall include a standard mortgage's clause and shall provide that they
may not be cancelled or substantially modified (including cancellation for nonpayment of
premium) without at least ten (10) days prior written notice to any and all, insured named
therein, including Owners and Institutional First Mortgagees.
Section Two: Homeowner's Insurance Required. In addition to the aforementioned
insurance carried by the Association, every Owner, at his own expense, shall insure his own
Housing Unit against loss or damage by fire or other hazards in an amount equal to the full
replacement value thereof, during any construction period and thereafter.
Section Three: Fidelity Bond. The Association shall obtain fidelity bonds which shall
afford coverage to protect against dishonest acts on the part of officers, directors, managers,
volunteers, trustees, and employees of the Association and the ACC or the managing agent
and all the persons who handle or are responsible for handling funds of the Association and
the ACC in an amount equal to three (3) months assessments on all Lots, including reserve
funds. All such fidelity bonds shall name the Association as an Obligee, contain waivers of
any defense based upon the exclusion of persons who serve without compensation from any
definition of employee or similar expression, and provide that they may not be cancelled or
substantially modified (including cancellation for nonpayment of premium) without at least
ten (10) days prior written notice to any and all insureds named therein, including Owners
and Institutional First Mortgagees.
Section Four: Replacement. Repair After Loss. In the event of the damage or
destruction of the Common Areas covered by insurance written in the name of the
Association, the Association may, upon receipt of the insurance proceeds, and to the extent
of such proceeds contract to rebuild or repair such damaged or destroyed portions of the
Common Areas to as good a condition as they were when the loss occurred; provided,
however, that the Association's election not to rebuild the Common Areas shall require the
approval of two-thirds (2/3) of the Association. The Association may in its sole discretion
contract with any licensed contractor for reconstruction or rebuilding of such destroyed
portions of the Common Areas.
In the event of damage or destruction by fire or other casualty to any Housing Unit,
the Owner thereof shall, upon receipt of the insurance proceeds, contract to repair or rebuild
such damage or destroyed portions in a good workmanlike manner in conformance with the
original plans and specifications of said Housing Unit. Plans and specifications for such
damaged or destroyed Housing Unit may be modified and the damaged or destroyed Housing
Unit may be reconstructed in accordance with said modified plans and specifications if the
Page 28 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
L
it �
•
Owner of the damaged or destroyed Housing Unit secures the approval of the ACC or the
Developer, as the case may be, provided in this Declaration. In the event such Owner refuses
or fails to commence such repair or rebuilding within thirty (30) days after such damage or
destruction, unless such period is otherwise extended by the Association, the Association is
hereby authorized by such Owner, if the Association so desires, to repair, rebuild or clear and
clean up any such Housing Unit. The Association shall first obtain an estimate of cost of
performing such repair, rebuild or clearing/clean up work as is necessary, such estimate to be
performed by a licensed contractor approved by the Board for such purpose. Upon provision
of the estimate, the Association may assess the Lot owner for the cost of the proposed
improvements, and such assessment shall become a lien in the manner described in Article
Nine. Any rebuilding shall be done in a good and workmanlike manner. The Owner shall pay
the Association the amount reasonably necessary to perform such repairs and reconstruction,
and the Housing Unit shall continue to be subject to the lien for such amount until it is paid
in full. The Association may, at any time, enforce its rights as provided in the Declaration for
collection of the assessment and foreclosure of the lien.
Section Five: Condemnation. If at any time or times during the continuance of the
Housing Unit ownership pursuant to this Declaration, all or any part of the Common Areas
shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu
of or in advance thereof, the provisions of this Section Five shall apply, and notice of the
proceedings or proposed acquisition shall promptly be given to each Owner and to each
Institutional First Mortgagee.
All compensation, damages, or other proceeds there from, the sum of which is
hereinafter called the Condemnation Award shall be payable to the Association. The
Condemnation Award shall be apportioned among the Owners as directed by the Association
who shall fairly and promptly allocate and distribute such Condemnation Award. If the entire
property is condemned or taken, ownership in the Common Areas shall terminate. The
Condemnation Award shall then be distributed among the Owners in like proportions.
ARTICLE FOURTEEN
Rules and Regulations
The Association and/or its Board of Directors is hereby authorized and empowered to
adopt rules and regulations governing the use of the Properties and the personal conduct of
the Members and their guests thereon, and to establish penalties for the infraction thereof All
Lot Owners shall be given written notice of the rules and regulations or the rules and
regulations may be posted in a conspicuous place in the Common Areas.
Page 29 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
' 1
ARTICLE FIFTEEN
Remedies and Waiver
Section One: The remedies provided herein, including those for collection of any
assessment or other charge or claim against any Member, for and on behalf of the
Association and the ACC, or Developer, are in addition to, and not in limitation of, any other
remedies provided by law.
Section Two: No waiver. The failure of the Association, the ACC, the Developer or
of any of their duly authorized agents or any of the Owners to insist in any one or more
instances upon the strict performance of or compliance with the Declaration or any of the
Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option
contained therein, or to serve any notice or to institute any action or summary proceedings,
shall not be construed as a waiver or relinquishment of such right for the future, but such
right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or
regulations of the association shall continue and remain in full force and effect. No waiver of
any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the
Association shall be deemed to have been made, either expressly or implied, unless such
waiver shall be in writing and signed by the Board of Directors of the Association pursuant to
authority contained in a resolution of the Board of Directors.
ARTICLE SIXTEEN
Benefits and Burdens Run with the Land
The covenants, restrictions, reservations and conditions contained herein shall run
with the land as covenants real and equitable servitudes and shall be binding upon the
Properties and each portion thereof and all persons owning, purchasing, leasing, subleasing
or occupying any Lot on the Properties, and upon their respective heirs, successors and
assigns. After the date on which the Declaration has been recorded, these covenants,
restrictions, reservations and conditions may be enforced by the Association or Developer
which shall have the right to enforce the same and expend Association monies in pursuance
thereof and also may be enforced by the Owner of any Lot. The maintenance covenants for
property and improvements detailed in Article Six, Section One may be enforced by the City
of Renton.
ARTICLE SEVENTEEN
General Provisions
Section One: Singular and Plural. The singular wherever used herein shall be
construed to mean the plural when applicable, and the necessary grammatical changes
Page 30 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
y Jam' ,t
required to make the provisions hereof apply either to corporations or individuals, men or
women, shall in all cases be assumed as though in each case fully expressed.
Section Two: Severability. The invalidity of any one or more phrases, sentences,
clauses, paragraphs or sections hereof shall not affect the remaining portions of this
Declaration or any part hereof, all of which are inserted conditionally on their being held
valid in law and in the event that one or more of the phrases, sentences, clauses,paragraphs
or sections contained herein should be invalid, this Declaration shall be construed as if such
invalid phrase, sentence, clause,paragraph, or section had not been inserted.
Section Three: These covenants, restrictions, reservations and conditions shall
remain in full force and effect for a period of twenty (20) years from the date hereof.
Thereafter, they shall be deemed to have been renewed for successive terms of ten (10) years,
unless revoked or amended as hereinabove provided.
Section Four: Perpetuities. In the event that any provision or provisions of this
Declaration violate the rule against perpetuities, such provision or provisions shall be
construed as being void and of no effect as of twenty-one (21) years after the death of the last
surviving incorporator of the Association, or twenty-one (21) years after the death of the last
survivor of all of the said incorporators children and grandchildren who shall be living at the
time this instrument is executed, whichever is later.
Section Five: Attorney's Fees. Costs and Expenses. In the event the Association
employs an attorney to enforce any provision of the Declaration, the Articles, Bylaws of the
Association, or rules and regulations adopted by the Association, the prevailing party in any
action for enforcement shall be entitled to the award of reasonable attorney's fees, costs and
all expenses incurred in the action, whether determined by judgment, arbitration or
settlement.
Section Six: Method of Notice. Any notice required by the Declaration or the
Articles or Bylaws of the Association or the rules and regulations adopted by the Association
shall be deemed properly given when deposited in the United States mail,postage prepaid.
ARTICLE EIGHTEEN
Amendment and Revocation
Section One: Exclusive Method. This instrument may be amended, and partially or
completely revoked only as herein provided or otherwise provided by law.
Section Two: Amendment by Developer. During the development period, except for
amendments affecting the maintenance responsibility for common areas as defined in Article
Six, Section One, a. through j., which must be approved by the City of Renton prior to
Page 31 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
. , r.
• • •
adoption, the Developer may amend this instrument in any and all respects including, but not
limited to, adding Additional Real Property and to comply with the requirements of the
Federal National Mortgage Association, Government National Mortgage Association,
Veterans Administration or Federal Home Loan Mortgage Corporation by recording an
acknowledged document setting forth specifically the provisions amending this instrument.
Section Three: Meeting. Except for amendments affecting the maintenance
responsibility for common areas as defined in Article Six, Section One, a. through j., which
must be approved by the City of Renton prior to adoption, this Declaration may be amended
at any annual meeting of the Association, or at a special meeting called for such purpose, if
fifty-eight percent (58%) or more of the Owners vote for such amendment, or without such
meeting if all Owners are notified in writing of such amendment, and if fifty-eight percent
(58%) or more of the Owners vote for such amendment by written ballot. Notice of any
proposed amendment shall be given to all Owners not less than ten (10) days prior to the date
of the annual meeting or of any special meeting at which the proposed amendment shall be
considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional
First Mortgagees who have requested notification of amendments must give prior written
approval to any material amendment to the Declaration or Bylaws, including any of the
following:
3.1 Voting rights;
3.2 Assessments, assessment liens and subordination of such liens;
3.3 Reserves for maintenance, repair and replacement of Common Areas;
3.4 Insurance or fidelity bonds;
3.5 Responsibility for maintenance and repair;
3.6 Contraction of the project or the withdrawal of property from the Properties;
3.7 The boundaries of any Lot;
3.8 Leasing of Housing Units other than as Set forth herein;
3.9 Imposition of any restrictions on the right of an Owner to sell or transfer his or
her Lot;
Page 32 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
,x
4 "1
•
3.10 Any decision by the Association to establish self-management when
professional management had been required previously by an Institutional
First Mortgagee;
3.11 Restoration or repair (after hazard damage or partial condemnation) in a
manner other than that specified in this Declaration.
3.12 Any action to terminate the legal status of the Properties after substantial
destruction or condemnation occurs; or
3.13 Any provisions which are for the express benefit of Institutional First
Mortgagees.
Section Four: Effective Date. Amendments shall take effect only upon recording
with the Recorder of King County.
Section Five: Protection of Developer/Declarant. For such time as Developer shall
own Lots located in the Properties there shall be no amendments to the Declaration, the
Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations
adopted by the Association which:
a. Discriminate or tend to discriminate against the Developer's rights.
b. Change Article I (Definitions) in a manner which alters the Developer's right
or status.
c. Alter the character and rights of membership or the rights of the Developer as
set forth in Article III.
d. Alter its rights as set forth in Article X relating to architectural controls.
e. Alter the basis for assessments, or the Developer's exemption from
assessments.
f. Alter the number or selection of Directors as established if in the Bylaws.
g. Alter the Developers rights as they appear under this Article.
Page 33 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
1Oh A
r 4 '' •
' A
•
IN WITNESS WHEREOF, the Declarant has hereunto set its hand this �S day
of Mgt , 2006.
DECLARANT: Norris Homes, Inc., a
Was 'ngtr corp ation �
By: / ✓ti/OO Jo Norris, President t
STATE OF WASHINGTON )
)§
COUNTY OF KING )
On this 15 day of , 2006, before me, the undersigned, a
NotaryPublic in and for the State of,r Washin on dulycommissioned and sworn, personally
� �
appeared John Norris to me known to be the President of Norris Homes, Inc., the corporation
that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
�```���NSWI11j1
gDP-1._14 g as Vim.,
sap.
f,A,� �� Printed Name: a k4 ��
..SZ
S s'u ., .. . NOTARY PUBLIC in and for th S ate of
S to , ''&��'�+ "2 5 Washington, residing at p
, �9 arr-10.0-+C, -.F
= My commission expires: I/--1(}—�
lf,,"„t a�``
1l,I I°P,WASN�S
Page 34 of 34
Declaration of Protective Covenants,
Conditions and Restrictions
1