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Renton, WA 98057 CITY OF RENTON COV 60.00
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08/17/2007 09:03
KING COUNTY, WA
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1
DECLARATIONS OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
KRISTEN WOODS HOMEOWNERS' ASSOCIATION
THIS DECLARATION is made on the date hereinafter set forth by EASTEY
PROPERTY, LLC., (Declarant), the owner of certain land situated in the State of
Washington, City of Renton, King County, known as Kristen Woods, which is more
particularly described in Exhibit A. In order to ensure preservation of the gracious
residential environment at Kristen Woods, Declarant agrees and covenants,that all land
and improvements now existing or hereafter constructed thereon will be held, sold,
conveyed subject to, and burdened by the following covenants, conditions, restrictions,
reservations, limitations, liens and easement, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of such lands for the
benefit of all such lands and the owners thereof and their heirs, successors, grantees and
assigns. All provisions of this Declaration shall be binding upon all parties having or
acquiring any right, title or interest in such lands or any portion thereof and shall insure
to the benefit of each owner thereof and to the benefit of Kristen Woods Homeowners
Association and shall otherwise in all respects be regarded as covenants running with the
land.
Contents
ARTICLE I DEFINITIONS 2
ARTICLE II PRE-EXISTING RESTRICTIONS 3
ARTICLE III DEVELOPMENT PERIOD 3
ARTICLE IV EASEMENTS, OPEN SPACES & TRACTS 4
ARTICLE V ASSESSMENTS 5
ARTICLE VI MAINTENANCE OF LOTS 7
ARTICLE VII HOMEOWNERS ASSOCIATION 9
ARTICLE VIII MANAGEMENT BY BOARD 9
ARTICLE IX LAND USE RESTRICTIONS 12
ARTICLE X BUILDING RESTRICTIONS 13
ARTICLE XI UTILITIES 14
ARTICLE XII ARCHITECTURAL CONTROL 14
ARTICLE XIII GENERAL PROVISION 17
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ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the Bylaws
of the Kristen Woods Homeowner's Association, certain words and phrases shall have
particular meaning as follows:
Section 1. "Association" shall mean and refer to the Kristen Woods Homeowners'
Association, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the
Association, as provided for in Article IX. For the purposes of exercising the powers and
duties assigned in this Declaration to the Board, this term shall also mean the"Temporary
Board" or"Declarant"as provided in Article IV unless the language or context indicates
otherwise.
Section 3. "Properties" shall mean and refer to the real property described with
particularly in Exhibit A.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties. This term shall not include tracts designated
on the face of the Plat.
Section 5. "Declarant" shall mean and refer to Eastey Property LLC., its
successors and assigns. Successors and assigns shall not include other developers who
acquire one or more undeveloped lot from the Declarant for the purpose of development.
Section 6. "Architectural Control Committee" shall mean and refer to the duly
appointed or elected committee of the Board of Directors as outlined in Article XIII of
this Declaration, hereinafter referred to as the "Committee".
Section 7. "Development Period" shall mean and refer to thatP eriod of time
defined in Article III of this declaration.
Section 8. "Plat" shall mean and refer to the plat of Lots 1-21, inclusive Kristen
Woods as recorded in Volume 2.4 2. of Plats, Pages 0>( - O3S , Records of
King County, State of Washington, under Recording No. 2.00-7 0211 0 00200
Section 9. "Residence" shall mean and refer to any buildings occupying any lot.
Section 10. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee interest in any Lot, including the Declarant, but
excluding mortgagees or other persons or entities only holding security interest in
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properties within the Plat. Purchasers or assignees under recorded real estate contracts
shall be deemed Owners as against their respective sellers or assignors.
Section 11. "Building setbacks" are areas designated on the face of the plat
adjacent to sensitive areas, such as property lines or utilities.
ARTICLE II
PRE-EXISTING RESTRICTIONS
The Properties shall continue to be subject to previous covenants, conditions,
encumbrances and restrictions, to the extent that such restrictions are valid.
ARTICLE III
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management by Declarant. "Development period" shall mean that
period of time from the date of recordingthis Declaration until (1) a date five years from
the date of recording this Declaration or(2)the thirtieth day after Declarant has
transferred title to the purchasers of the lots representing 99 percent of the total voting
power of all Lot owners as then constituted or(3)the date on which Declarant elects to
permanently relinquish all of Declarant's authority under this Article by written notice to
all Owners, whichever date first occurs. During the Develop Period, the Board of
Directors of the Association shall be appointed by the Declarant.
Section 2. Notices to Owners. Before the termination of the Development
Period, the Declarant will give written notice of the termination of the Development
Period to the owner of each Lot. Said notice shall specify the date when the Development
Period will terminate and shall further notify the Owners of the date,place and time when
a meeting of the Association will be held. The notice shall specify that the purpose of the
Association meeting is to elect new Officers and Directors of the Association,
notwithstanding and provision of the Articles or Bylaws of the Association to the
contrary, for the purpose of this meeting,the presence, either in person or by proxy, of
the Owners of five lots shall constitute a quorum. The Board of Directors and officers of
the Association may be elected by majority vote of said quorum. If a quorum is not
present, the Development period shall nevertheless terminate on that date specified in
said notice and it shall thereafter be the responsibility of the Lot Owners to provide for
the operation of the Association.
Section 3. Temporary Board. Declarant may in its sole discretion, and at such
times as the Declarant deems appropriate, appoint three persons who may be Owners, or
representatives of corporate entities or other entities which are Owners, as a Temporary
Board. During the Development Period, members of the Board of Directors need not be
the Owners. The Temporary Board shall have full authority and all rights,
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responsibilities, privileges and duties to manage the properties under this Declaration and
shall be subject to all provisions of this Declaration, the Articles and the Bylaws.
Section 4. Appointment of Manager. Declarant may appoint a managing agent,
which shall have the power and authority to exercise all powers necessary to carry out the
provisions of this Declaration, including but not limited to contracting for required
services, obtaining property and liability insurance, and collecting and expending all
assessments and Association funds. Any such management agent or the Declarant shall
have the exclusive right to contract for all goods and services, payment for which is to be
made from any monies collected from assessments.
Section 5. Acceptance of Management Authority. The purpose of this
management arrangement is to ensure that the properties will be adequately managed
during the initial stages of development. Acceptance of an interest in a lot evidences
acceptance of this management agreement.
ARTICLE IV
EASEMENTS, OPEN SPACES AND PRIVATE TRACTS
Section 1. Drainage Easement Restrictions. Various drainage easements are
indicated on the face of the Plat. Structures, fills, and obstructions, including, but not
limited to decks,patios and buildings, overhangs, and trees shall not be permitted within
drainage easements. The easements give the City of Renton the right to enter upon the
said easements, and the area immediately d ately adjacent to said easements, in order to
effectuate the purposes of the easement, or to construct a hard surface road among the
easements.
Section 2. Utility Easements. Various utility easements are designed on the
face of the Plat for the purpose of providing Lots within the Plat with electric, telephone,
gas, cable television service and water. These easements give the easement-holders the
right to enter upon these Lots at all times to effectuate the purposes of the easements.Not
utility lines shall be placed on any Lot unless underground or in a conduit attached to a
building. Structures may only be placed on easements with the permission of the
Architectural Control Committee and the entity to which the easement was granted. No
planting material, fill, or other substances may be placed on the utility easement which
will interfere with such utility service.
Section 3. Structures Prohibited in Rights-of-Way. All rights-of-way within the
Plat have been dedicated to the City of Renton.No structures may be placed in rights-of-
way within the Plat.
Section 4. Maintenance of Detention and Water Quality System. The Home
Owners Association shall maintain the detention and water quality system and emergency
access roads until such time that those improvements are deeded or sold to a
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governmental agency, which will assume maintenance and responsibility of such
improvements.
ARTICLE V
ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be expressed in such deed, is
deemed to covenant and agree to pay the Association(1) annual assessments or charges
and (2) special assessments. Annual and special assessments shall be established and
collected in accord with the following provisions. The annual and special assessments,
together with interest, cost and reasonable attorney's fees, shall be a charge on the land
and shall be a continuing lien upon the property against which such assessment is made.
Each assessment, together with the interest, costs and reasonable attorneys' fees incurred
to collect such assessments, shall be the personal obligation of the individual who is the
Owner of the Lot at the time that the assessment fell due.
Section 2. Purpose of Assessments. The assessments imposed by the Association
shall be used (1) to promote recreation, health, safety and welfare of the residents of the
properties, (2) for the cost of maintaining the recreational area within the Plat, (3) for
legal fees or damage incurred in any action in which the Association or a member of the
Board of Architectural Control Committee, acting in behalf of the Homeowners'
Association is named as a party, (4) for legal fees incurred by the Homeowners'
Association, (5) for any other reasonable expenses incurred by the Homeowners'
Association. (6) for maintenance of the common storm facility.
Section 3. Annual Assessment. The initial annual assessment shall be $ per
Lot payable in annual installments; six percent of the assessment shall be allocated and
paid to the Declarant for Plat management services provided by the Declarant to the
Association or by a Professional management firm. Such allocated funds to the Declarant
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 Bylaws of the Association.
The annual assessment may be increased during the Development Period to
reflect increased (1) maintenance costs, (2)repair costs, (3)Association and plat
management costs, (4) legal costs. All increases in the annual assessment during the
Development Period must directly reflect increase in the above-recited costs. During the
Development Period, it shall not be necessary to amend this Declaration to raise the
annual assessments. During the Development Period, the Declarant shall give members
of the Association notice of any increase in the annual assessment thirty days before the
date that the assessment becomes effective.
(a) After the Development Period expires, any increase in the annual assessment
which exceeds 10 percent requires the vote of the members of the Association.
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(b) After the Development Period expires, any increases in the annual assessment
which exceeds 10%requires the approval of 51% of the members of the
Association.
(c) After the Development Period expires,the Board of Directors shall fix the
quarterly assessment in accord with the above-recited standards.
Section 4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year,
a special assessment, applicable to that year only, for the purpose of defraying, in whole
or in part,the cost of any construction, reconstruction, repair or replacement of a capital
improvement to the Recreational Area within the Plat including fixtures and personal
property relating thereto, provided that any such assessment shall have the assent of 51
percent of the members of the Association who are voting on person or by proxy at a
meeting held duly called for this purpose. Any capital improvements which exceeds
$15,000, must be approved by 51 percent of the Owners.
Section 5. Special Assessments for Legal Fees and Damages. In addition to the
special assessment authorized in Section 4, the Declarant or the Association may levy any
assessment year a special assessment for the purpose of defraying, in whole or in part, (1)
legal fees and costs incurred in any action in which the Association is a party, (2) legal
fees and costs incurred in any action in which a member of either the Board or the
Architectural Control Committee is named as a party as a result of a decision made or
action performed while acting in behalf of the Homeowners' Association, or(3) any other
reasonable expenses incurred by the Homeowners' Association. This assessment shall
require the constant of 51 percent of the Association who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 6. Notice and Quorum for Any Action Authorized Under Section 4 and
5. Written notice of any meeting called for the purpose of taking any action authorized
under Sections 4 and 5 of this Article shall be sent to all members not less than 30 days
and nor more than 60 days in advance of the meeting. At the first meeting called, the
presence of 51 percent of the members of the Association of or proxies entitled to cast 51
percent of the members of the Association shall constitute a quorum. If the required
quorum is not present, another meeting may be called to subject to the same notice
requirement; the required quorum at the subsequent meeting shall be one-half of the
required quorum at the preceding meeting.
Section 7. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots.
Section 8. Date of Commencement of Annual Assessment, Due Dates. The
annual assessments described in this Article shall commence on . The first
annual assessment shall be adjusted according to the number of months remaining in the
calendar year. Written notice of the Quarterly assessment shall be sent to every Owner
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subject to such assessments. The Board of Directors shall establish the due date. The
Association shall, upon demand and for reasonable charge, furnish a certificate signed by
an officer of the Association setting forth whether the assessment on a specific Lot has
been paid. A properly executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as the date of its issuance.
Section 9. Effect of Non-Payment of Assessments: Remedies of the Association.
Any assessment not paid within 30 days of the due date shall bear interest at the rate of
12 percent per annum. Each owner hereby expressly vests in the Association or its agents
the right and power to bring all actions against such Owners personally for the collection
of such assessments as debts and to enforce lien rights of the Association by all methods
available for the enforcement of such liens, including foreclosure by an action brought in
the name of the Association in like manner as a mortgage of real property. Such Owner
hereby expressly grants 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 in an interest
and foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The
Owner is responsible for the payment of all attorneys' fees incurred in collecting past due
assessments or enforcing the terms of assessment liens. No Owner may waive or
otherwise escape liability for the assessments provided herein by non-use of the
Recreational Area or abandonment of his Lot.
The Association shall have the right to suspend the voting rights of an Owner for
and period during which any assessment which the Lot remains unpaid and for a period
not to exceed 60 days for any infraction of the terms of either this Declaration, the
Articles or the Bylaws of the Association.
Section 10. Subordination of the Lien to Mortgage. The lien for assessments,
provided for in this Article, shall be subordinated to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of
any Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall
extinguish the lien created pursuant to this Article as to payments which become due
prior to such sale or transfer.No sale of transfer, however, shall relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof.
Section 11. Exempt Property. All property dedicated to and accepted by local
public authority shall be exempt from assessments provided by this Article.
ARTICLE VI
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Owner shall maintain each Lot and
Residence in a neat, clean and attractive condition at all times.
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(a). Street Trees. The street trees planted within and/or abutting
individual Lots shall be owned and maintained by the Owners of said Lots and the trees
planted within and/or abutting the private and public tracts within he Plat shall be owned
and maintained by the Kristen Woods Homeowners Association.
(b). Refuse. All lots shall be kept free of debris. All refuse shall be
kept in sanitary containers screened from view of and Lot in the Plat; the containers shall
be regularly, emptied and the contents disposed of off the Properties. No grass cuttings,
leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to
accumulate on any part of the Properties, except that a regularly tended compost heap
shall be permitted if the compost heap is concealed from view of any of the properties.
(c). Storage of Vehicles. Owners may not store goods or equipment or
permanently parked vehicles (e.g. boats, cars, trucks, campers, and recreational vehicles)
in open view of any Lot, or allow others to do so. When vehicles or goods are
permanately parked or stored on Lots for a period over 24 hours, other than in the
circumstances described below in subsection(e) of this section, the vehicles and goods
shall be adequately screened from the view of adjacent right of ways and Lots. The
screening of such vehicles of goods must have the approval of the Architectural Control
Committee.
(d). Improperly Parked Vehicles. Upon 48 hours notice to Owners of
an improperly parked vehicle, the Board has the authority to have towed, at the Owners
expense, any vehicles that are parked in violation of this section.
(e). Temporary Parking by Owners. This section does not prevent
Owners from parking automobiles and trucks on driveways when the Owners are out of
town.
(f). Temporary Parking by Guests. This section does not prevent
guests from parking automobiles,trucks or recreational vehicles in driveways for a period
of four days. However, if the guests either(1)plan to park their vehicles in driveways or
(2) stay in their recreational vehicles for a period in excess of four days, the Owners must
obtain permission from the Board.
(g). Dilapidated, Unsightly Vehicles. Neither Owners nor their guests
are allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways.
Section 2. Easement for Enforcement Purposes. Owners hereby
irrevocably grant to the Association permission for purposes of going upon the Lots of
Owners for the purpose of removing vehicles of other similar objects which are parked or
stored in violation of the terms of this Declaration.
Section 3. Lot Maintenance by the Association. In the event that an owner
shall fail to maintain the exterior of his premises and the improvements situated thereon
in a manner consistent with maintenance standards of the Kristen Woods community, the
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Board shall, upon receipt of written complaint of any Owner, and subsequent
investigation which verifies that complaint, have the right through its agents and
employees to enter upon the offending Owner's Lot and repair, maintain and restore the
Lot and the exterior of the improvements on that Lot if the Owner shall fail to respond in
a manner satisfactory to the Board within 45 days after mailing of adequate notice by
certified mail to the last known address of the Owner. The cost of such repair,
maintenance or restoration shall be assessed against the Lot, and the Board shall have the
right to cause to be recorded a notice of lien for labor and materials furnished, which lien
may be enforced in the manner provided by the law. In the event that the estimated cost
of such repair should exceed one-half or one assessed value of the Lot any improvements
of that Lot,the Board shall be required to have the assent of 51 percent of the members
before undertaking such repairs.
Section 4. Construction Exemption. This Article does not apply to the
construction activities, storage of construction materials, construction debris, or the use
and parking of construction vehicles by the Declarant or its contractors during the
Development period.
ARTICLE VII
HOMEOWNERS ASSOCIATION
Section 1. Nonprofit Organization. The Association is a nonprofit corporation
under the laws of the State of Washington.
Section 2. Membership. Every Owner of any Lot shall become a member of the
Association. Membership shall be appurtenant to the Lot and may not be separated from
ownership of any Lot shall not be assigned or conveyed in any way except upon the
transfer of title to said Lot and then only to the transferee of title to the Lot. All Owners
shall have the rights and duties specified in this Declaration, the Article and the Bylaws
of the Association.
Section 3. Voting rights. Owners, including the Declarant, 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 that Lot shall be exercised as the Owners decide to exercise that vote,
but in no event shall more than one vote be cast with respect to any Lot nor shall any vote
be divided. The voting rights of any Owner may be suspended as provided for in this
Declaration, the Article and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accordance with the Bylaws
of the Kristen Woods Homeowners' Association and RCW 64.38.
ARTICLE VIII
MANAGEMENT BY BOARD
Section 1. Expiration of the Development Period. Upon expiration of the
Declarant's management authority under Article III, all administrative power and
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authority shall vest in a Board of three directors who must be owners. The Association,
by amendment of the Covenants, may increase the number of directors. All Board
positions shall be open for election at the first annual meeting after termination of the
Development Period. At the first meeting of either the temporary or permanent Board of
Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the
Bylaws available to Lot Owners upon request.
Section 2. Terms. The terms of the Board are defined in the Bylaws.
Section 3. Powers of the Board. All powers of the Board must be exercised in
accord with the Bylaws. The Board, for the benefit of all the Properties and the Lot
Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to
the duties and powers imposed by the Bylaws and any resolution of the Association that
may be hereafter adopted, the Board shall have the power and be responsible for the
following, in way of explanation but not limited to:
(a). Insurance. Obtain policies of general liability insurance.
(b). Legal and Accounting Services. Obtain legal and accounting services
if necessary to the administration of the Association affairs, administration of the
Recreational Area within the Plat, or enforcement of this Declaration.
(c). Street Lighting. Pay all costs of operating and maintaining street
lighting.
(d). Maintenance of Lots. If necessary, maintain any Lot if such
maintenance is reasonably necessary in the judgment of the Board to preserve the
appearance and value of the Properties or Lot. The Board may authorize such
maintenance activities if the Owner or Owners of the Lot have failed or refuse to perform
maintenance within a reasonable time after written notice of the necessity of such
maintenance has been delivered by the Board to the Owner or Owners of such Lot,
provided that the Board shall levy a special assessment against the Owner or Owners of
such Lot for the cost of such maintenance.
(e). Discharge of Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or any part thereof
which is claimed or may, in the opinion of the Board, constitute a lien against the
Properties or against the Recreational Area within the Plat rather than merely against the
interest therein of particular Owners. Where one or more Owners are responsible for the
existence of such liens, they shall be jointly and severally liable for the cost of
discharging it and any costs or expenses, including reasonable attorney's fees and the
costs of title search incurred by the Board by reason of such lien or liens. Such fees and
costs shall be assessed against the Owner or Owners and the Lot responsible to the extent
of their responsibility.
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(f). Security. Pay all costs deemed appropriate by the Board to ensure
adequate security for the Lots constituting the residential community created on the
Properties.
(g). Right to Contract. Have the exclusive right to contract for all goods
and services, maintenance, and capital improvements provided, however, that such right
of contract shall be subject to Association approval.
(h). Right of Entry. Enter any Lot when reasonably necessary, in the event
of emergencies or in connection with any maintenance, landscaping or construction for
which the Board is responsible. Except in cases of emergencies, the Board, its agents or
employees shall attempt to give notice to the Owner or occupant of any Lot 24 hours
prior to such entry. Such entry must be made with as little inconvenience to the Owner as
practicable, and any damage caused thereby shall be repaired by the Board if the entry
was due to an emergency (unless the emergency was caused by the Owner of the Lot
entered, in which case the cost shall be specially assessed to the Lot) If the repairs or
maintenance activity were necessitated by the Owner of the Lot entered, in which case
the cost shall be specially assessed to that Lot. If the emergency of the need for
maintenance or repair was caused by another Owner of another Lot, the cost thereof shall
be specially assessed against the Owner of the other Lot.
(i). Promulgation of Rules. Adopt and publish rules and regulation
governing the members and their guests and establish penalties for any infraction thereof.
(j). Declaration of Vacancies. Declare the office of a member of the
Board to be vacant in the event that a member of the Board is absent from three
consecutive regular meetings of the Board.
(k). Employment of Manager. Employ a manager, and independent
contractor, or such other employees as the Board deems necessary and describe the duties
of such employees.
(1). Payment for Goods and Services. Pay for all goods and services
required for the proper functioning of the Recreational Area within the Plat and the
Association.
(m). Impose Assessments. Impose annual and special assessments.
(n). Bank Account. Open a bank account on behalf of the Association and
designate the signatories required.
(o). Legal Actions. Commerce legal actions for the enforcement of these
covenants or any other legal action that the Board of Directors deems necessary for the
protection of the Plat. The Board also has the authority to defend against legal actions
initiated against the Association.
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(p). Exercise of Powers. Duties and Authorities. Exercise for the
Association all powers, duties and authority vested in or delegated to the Association and
not reserved to the membership by other provisions of the Bylaws, Articles of
Incorporation, or this Declaration. The Board shall have all powers and authority
permitted to it under this Declaration and the Bylaws. However, nothing herein contained
shall be construed to give the Board authority to conduct a business for profit on behalf of
all Owners or any of them.
ARTICLE IX
LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All lots within the Properties shall be used
solely for private single-family residential purposes. Each residence must have a private
enclosed car shelter for not less than two cars.No single-family structure shall be altered
to provide residence for than one family.No Lot in Kristen Woods shall be further
divided.
Section 2. Property Use Restrictions. No Lot shall be used in a fashion that
unreasonably interferes with the other Owners' right to use and enjoy their respective
Lots. The Board,the Committee designated by it, or the Declarant during the
Development Period, shall determine whether any given use of a Lot unreasonably
interferes with those rights; such determinations shall be conclusive.
Section 3. Prohibition Of Nuisances and Untidy Conditions. No noxious or
offensive activity or condition shall be conducted on any Lot nor in the Recreational
Area, nor shall anything be done or maintained on the Properties which may be or
become an activity or condition which unreasonably interferes with the right of the other
Owners to use and enjoy any part of the Properties. No untidy or unsightly condition shall
be maintained on any property. Untidy conditions shall include, but are not limited to,
publicly visible storage of wood, boats, trailers recreational vehicles and disabled
vehicles of any kind.
Section 4. Fences, Walls& Shrubs. Fences, wall or shrubs are permitted to
delineate the lot lines of each Lot, subject to (1) The approval of the Architectural
Control Committee and (2) determination whether such fences, walls or shrubs would
interfere with utility easements reflected on the face of the Plat and other easements
elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be erected on
any Lot. All fences, including chain link fences, open and solid, are to meet the standards
set by the Committee and must be approved by the Committee prior to construction or
installation. No fences shall be constructed in the front yard or front setbacks. Fences or
rails shall be erected and maintained at the top of any area where they create a vertical or
nearly vertical retaining wall or slope over three feet(3').
Section 5. Temporary Structures. No structure of a temporary character or trailer,
recreational vehicle, basement,tent, shack, garage, barn, or other outbuildings shall be
used on any Lot at any time as a residence, either temporarily or permanately. No
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vehicles parked in public right-of-way may be used temporarily or permanately for
residential purposes except as provided in Article VI.
Section 6. Mining. No oil drilling, oil development operations, oil refilling,
quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall
oil wells, tanks,tunnels, mineral excavation or shafts be permitted on or in any Lot. No
derricks or other structure designed for use in boring for oil or natural gas shall be
erected, maintained or permitted upon any Lot. Oil storage for residential heating
purposes is permissible of the storage tank is buried.
Section 7. Signs. No signs, billboards, or other advertising structure or device
shall be displayed to the public view on any Lot except one sign not to exceed five square
feet in area may be placed on a Lot to offer the property for sale or rent. Signs also may
be used by a builder to advertise the property during the construction and sale period.
Political yard signs of a temporary nature will be allowed on Lots during campaign
periods. Within five days of the occurrence of the election, such signs must be removed
from Lots. The Board may cause any sign placed on Properties in violation of this
provision to be removed and destroyed.
Section 8. Animals. No animals other than dogs, cats, caged birds,tanked fish,
and other conventional small household pets may be kept on Lots. Dogs shall not be
allowed to run at large. The Owner or other person accompanying the animal shall
remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal
pens and enclosures must be approved by the Committee prior to construction and shall
be kept clean and odor free at all times. If the investigation of the Board indicates that
animals are kept in violation of this section, the Board will give the Owner 10 days'
written notice of the violation. The Owner must remedy such violations within 10 days.
Failure to comply with the written notice will result in a fine of$25 per day. The
Association shall be entitled to attorneys' fees for any action taken to collect such fines in
accord with the provisions of Article XIII, Section 4.
ARTICLE X
BUILDING RESTRICTIONS
Section 1. Building Materials. Homeowners who do not have Eastey Property
LLC., or the contractor Eastey Property LLC., designated to construct homes for it
("Eastey Property LLC., Contractor) shall be obliged to use materials of a quality
equivalent to those materials which Eastey Property LLC., Contractor has utilized for the
construction of homes in the Plat. If inferior materials are utilized, the Committee will
require that such materials be replaced. The (1) grade of materials and (2)price of
materials shall be relevant considerations in determining whether the materials equivalent
quality.
Section 2. Permits. No construction or exterior addition or change or alteration of
any structure may be started on any portion of the Properties without the Owner first
obtaining a building permit and other necessary permits from the proper local
14
government authority and written approval of such permits from the Board, Architectural
Control Committee or the Declarant. The Committee must approve the plans for all
construction or alternation proposals (see article XII).
Section 3. Codes. All construction must conform to the requirements of the State
of Washington, Uniform Bodes (building, mechanical, plumbing) and the City of Renton
codes and requirements, in force at the commencement of the construction, including the
latest revisions thereof.
Section 4. Time of Completion. The exterior of any structure, including painting
or other suitable finish and initial landscaping, shall be completed within eight months of
the beginning of construction so as to present a finished appearance when viewed from
any angle. The construction area shall be kept reasonably clean during the construction
period.
Section 5. Entry for Inspection. Any agent, officer or member of the Board,
Committee, or the Declarant may, at any reasonable predetermined hour upon 24 hours
notice during the construction or exterior remodeling, enter and Inspect the structure to
determine if there has been compliance with provisions of this Declaration. The above-
recited individuals shall not be deemed guilty of trespass for such entry or inspection.
There is created as easement over, upon and across the residential Lots for the purpose of
making and carrying out such inspections.
Section 6. Contractor. No home may be constructed on any Lot other than by a
contractor licensed as general contractor under the statues of the State of Washington
without the prior approval of the Committee.
ARTICLE XI
UTILITIES
Section 1. Antennas. No radio or television antennas, transmitters or
parabolic reflectors (satellite dish antennae) shall be permitted unless approved by the
Committee.
ARTICLE XII
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee. (Committee"). Upon termination of
the Development Period, the Board shall appoint a Committee. The Committee shall
consist of not less than three and not more than five members. It is not a requirement that
members of the Committee be (1) Owners or(2) members of the Association.
During the Development Period, the Declarant may elect to exercise and perform
the functions of the Committee. If the Declarant elects not to perform this function, or at
any time elects to no longer perform this function, the Declarant or the Board shall
appoint the Committee to function as herein provided. After termination of the
15
Development Period, the functions of the Committee shall be performed by the Board
until such time as the Board shall appoint and designate the Committee. The Committee
shall be appointed within a month of the election of the Board following the termination
of the Development Period.
Section 2. Jurisdiction and Purpose. The Committee or the Declarant shall review
proposed plans and specifications for Residences, accessory structures (e.g., garden
sheds,tools sheds, doll houses,tree houses, gazebos, and playground equipment), fences,
walls, appurtenant recreational facilities (e.g., hot tubs, spas, basketball courts, basketball
hoops, tenths courts, swimming pools, bath houses, animal pens, or enclosures), or other
exterior structures to be placed upon the Properties.No exterior addition or structural
alteration may be made until plans and specifications showing the nature, kind, shape,
height, materials, and location of the structure or alteration have been submitted to and
approved, in writing, by the Committee. The Committee also shall review proposals to
change the exterior design and location of the proposed structure, alteration, or color
change harmonize with the (1) surrounding structures, (2) surrounding natural and built
environment, and (3) aesthetic character of other homes in the Plat.
Section 3. Membership. The Committee shall be designed by the Board. An
election to fill either a newly created position on the Committee or a vacancy on the
Committee requires the vote of the majority of the entire Board. However,the Board is
not obligated to fill a vacancy on the Committee unless the membership of the Committee
numbers less than three persons.
Section 4. Designation of a Representative. The Committee may unanimously
designate one or more of its members or a third party to act on behalf of the Committee
or a Committee member with respect to both ministerial matters or discretionary
judgments.
Section 5. Donation of Time. No member of the Committee shall be entitled to
any compensation for services performed on behalf of the Committee. Committee
members or representatives shall have no financial liability resulting from Committee
actions.
Section 6. Address of the Committee. The address of the Committee shall be the
registered office address of the Association.
Section 7. Voting. Committee decisions shall be determined by a majority vote
by the members of the Committee.
Section 8. Submission of Plans. All plans and specifications required to be
submitted to the Committee shall be submitted by mail to the address of the Committee in
duplicate. The written submission shall contain the name and address of the Owner
submitting the plans and specifications, identify of the Lot involved, and the following
information about the proposed structure:
16
(a) The location of the structure upon the Lot;
(b) The elevation of the structure with reference to the existing and
finished Lot grade;
(c) The general design;
(d) The interior layout;
(e) The exterior finish materials and color, including roof materials;
(f) The landscape plan;
(g) Other information which may require in order to determine whether
the structure conforms to the standards articulated in the Declaration
and the standards employed by the Committee in evaluating
development proposals.
Section 9. Plan Check Fee. All individuals submitting plans to the Committee
shall be obliged to pay a reasonable plan check fee to cover the administrative costs of
reviewing such development proposals. It will be necessary to pay the plan check fee
upon submitting plans and specifications for Residences. A fee of$25 will be charged for
the review of other structures.
Section 10. Evaluating Development Proposals. The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals. In
addition to such standards, in evaluating development proposals, the Committee shall
determine whether the external design, color, building materials, appearance, height
configuration, and landscaping of the proposed structure harmonize with(1) the various
features of the natural built environment, (2)the aesthetic character of the other homes in
Kristen Woods, and (3) any other factors which affect the desirability or suitability of a
proposed structure or alteration. The Committee will not approve temporary or non-
permanent structures. Committee determinations may be amended by a majority vote of
Committee members.
Section 11. Exclusions. The Committee is not required to review plans and
specifications for homes constructed by Eastey Property LLC., or Eastey Property LLC.,
Contractor.
Section 12. Approval Procedures. Within 30 days after the receipt of plans and
specifications,the Committee shall approve or disapprove the proposal structure. The
Committee may decline to approve plans and specifications which, in its opinion, do not
conform to restrictions articulated in this Declaration or its aesthetic standards. The
Committee shall indicate its approval or disapproval on one of the copies of the plans and
specifications provided by the applicant and shall return the plans and specifications to
the address shown on the plans and specifications.
17
Section 13. Compliance with Codes. In all cases, ultimate responsibility for
satisfying all local building codes and requirements rests with the Owner and contractor
employed by the Owner. The Committee has no responsibility for ensuring that plans and
specifications which it reviews comply with local building codes and requirements. The
Committee shall be held harmless in the event that a structure which it authorizes fails to
comply with relevant building and zoning requirements for any defect in any plans or
specifications which are approved by the Committee nor shall any member of the
Committee or any person acting on behalf of the Committee be held responsible for any
defect in a structure which was built pursuant to plans and specifications approved by the
Committee.
Section 14. Variation. The Committee shall have the authority to approve plans
and specifications which do not conform to these restrictions in order to (1) overcome
practical difficulties or(2)prevent undue hardship from being imposed on an Owner as a
result of applying these restrictions. However, such variations may only be approved in
the event that the variation will not (1) detrimentally impact on the overall appearance of
the development, (2) impair the attractive development of the subdivision or(3)
adversely affect the character of nearby Lots. Granting such variations shall only be
granted if the Committee determines that the variation would further the purposes and
intent of these restrictions. Variations shall only be granted in extraordinary
circumstances.
Section 15. Enforcement. In any judicial action to enforce a determination of the
Committee, the losing party shall pay the prevailing party's attorneys' fees, expert
witness fees, and other costs incurred in connection with such legal action or appeal. (See
Article XV, Section 4.)
ARTICLE XIII
GENERAL PROVISION
Section 1. Covenants Running with the Land. These covenants are to run with the
land and be binding on all parties and persons claiming under them for a period of 30
years from the date these covenants are recorded, after which time the covenants shall be
automatically extended for successive period of 10 years unless an instrument signed by a
majority of the individuals then owning Lots has been recorded which reflects their intent
to amend the covenants in whole or in part.
Section 2. Amendment. This Declaration and the Bylaws may be amended
during the initial 30-year period if 51 percent of the members vote to amend particular
provisions of either instrument. This Declaration may be amended during the
Development Period by any instrument signed by both the Declarant and the Owners of
51 percent of the Lots, including those owned by the Declarant. The provisions expressly
referring to the Declarant may not be amended without the Declarant's approval. All
amendments must be filed with the office of the King County Records Department or its
successor agency. These covenants may not be amended to limit or eliminate the
18
responsibility for maintaining the common storm mnicr facility without the prior approval
of the cit, of Renton.
Section 3. Enforcement, The Assoeiation. the Board.or an. Owner shall have the
right to enforce,by any legal proceeding,all restrictions. conditions. covenants,
reservations. liens and charges now or hereafter imposed by the provisions of this
Declaration.
Section 4, Attorne)5* Fees. In the event that it is necessary to seek the services
of an attorney in order to enforce any (1) provision of this Declaration or(2) lien created
pursuant to the authority of this Deciaration. the individual against whom enforcement is
sought shall he ohlieed to pny any attorneys' fees incurred. If the Owner fails to pay such
fees within 60 dl.iAs_ such fees shall become a lien avainst the Owner's Lot,
In any legal action commenced in order to enforce the provisions i)(this
Declaration, the prevailing party shall be entitled to recover all reasonable attorneys" fees
and expert ‘ritness fees incurred in order to enforce the provisions of this Declaration.
The prevailing party shall also be entitled to recover all costs.
Section 5, Successors and Assigns. The covenants. restrictions and conditions
articulated in 116 Declaration shall run with the land and shall accordingly be binding on
all successors and assigns.
Section 6. Sever anilnv. The invalidity of any one or more phrases. clauses,
sentences. paragraphs or sections hereof shall not affect the remaining portions of this
Declaration of any part thereof. In the event that one or more of the phrases.clauses.
sentences. paragraphs or sections contained herein should be invalid. this Declaration
shall he constructed as if the invalid phrase,clause. paragraph or section had not been
inserted.
WITNFSS WHPREOF the undersigned. being the Declarant herein, has
hercunto set his hand and seal this .3 ‘': day of 7.0 . 2-r-,:4 "7
Michael Davis
K t) Properties- Benson, 1,1,;('
Declarant
its
13y: e
,104.1/tagiiri/*niber
••• •
•
19
STATE OF WASHINGTON )
)ss,
COUNTY OF KING )
On this (, day of 3(Jl , aoO 7 , before me, the undersigned, a
notary public in and for the State of Wshington, personally appeared Michael Davis ,
Managing Member of Eastey Property, LLC a Washington Limited Liability Company,
the company that executed the within and foregoing instrument, acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute the said
instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first written
above.
0setttu//fyott A p0
� ` (•`ggypN• ''' N ary uNic m and for the State of
�Q':`a��T��r � Washington
4 "' Residing at: seQ
ale
y* G My commission expires: q aeg/aG 10
Nlfltttit
•
I . 20
EXHIBIT A
LEGAL DESCRIPTION -
THE EAST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,
TOWNSHIP 23 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN
KING COUNTY, WASHINGTON
EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SUPERIOR COURT
CASE NO. 782486 FOR SR 515, RENTON VICINITY: CARR ROAD TO GRADY
WAY
METES AND BOUNDS LEGAL DESCRIPTION
To be inserted