HomeMy WebLinkAboutRC 20130620001194 •
When Recorded, Return to:
CITY OF RENTON
City Clerk Division
1055 South Grady Way, Suite 728
Renton, WA 98057
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20130620001194
UAGER0GARRET018COV-RER 89.00
06/20/2013 14:37
KING COUNTY, WA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
RAVENNA
Grantor: 1)JayMarc at Honeybrook,LLC
Grantee: 1)JayMarc at Honeybrook,ALL and/or
Assigns
Legal Description(abbreviated): Portion of NW1/4 of SE 1/4 , Section 10, Township
23N, R5EWM, City of Renton, King County, WA
Assessor's Tax Parcel ID#: 1023059208
RECORDING COVER SHEET Page 1 of I
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR
RAVENNA
THIS DECLARATION is made on this 7 day of , 2013, by JayMarc at
Honeybrook, LLC, a Washington limited liability company, referr d to herein as "Declarant",
which is the owner of the real property now known as the Plat of Ravenna, situated in the City of
Renton, in King County,Washington.
The Declarant has created a non-profit corporation known as the Ravenna Homeowners
Association. The Ravenna Homeowners Association (hereafter referred to as "Association")
shall be delegated and assigned the duties and powers of owning, maintaining, and administering
certain Tracts and related facilities in the Plat, administering and enforcing these covenants,
conditions and restrictions, and collecting and disbursing the assessments and charges hereinafter
created. The Association shall also have the right and power to promulgate rules and regulations
which may further define and limit permissible uses and activities consistent with the provisions
of this Declaration.
NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of
the Plat as defined herein and the buildings and structures hereafter constructed thereon are, and
will be, held, sold, and conveyed subject to and burdened by the following covenants, conditions,
and restrictions, for the purpose of enhancing and protecting the value, desirability, and
attractiveness of Ravenna for the benefit of the Owners thereof, their heirs, successors, grantees,
and assigns.
ARTICLE 1 -DEFINITIONS
Section 1.1: Articles. "Articles" shall refer to the adopted Articles of Incorporation of
the Association as now or hereafter amended.
Section 1.2: Board. "Board" shall mean and refer to the board of directors of the
Association established pursuant to the Articles and Bylaws.
Section 1.3: Bylaws. "Bylaws" shall refer to the adopted Bylaws of the Association as
now or hereafter amended.
Section 1.4: [reservedl
Section 1.5: Committee. "Committee" is defined as the Architectural Control
Committee as provided in Article 6.
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Section 1.6: Declarant. "Declarant" shall mean and refer to JayMarc at Honeybrook,
LLC, its successors and assigns, if such successors and assigns should acquire all or substantially
all of the then undeveloped parcels of the Plat from Declarant for the purpose of development;
provided, however, that no successor or assign of Declarant shall have any rights or obligations
which are not specifically set forth in the instrument of succession or assignment or other
recorded instrument of passed by operation of law. Certain rights and obligations of Declarant,
as set forth herein, shall cease at the end of the Development Period.
Section 1.7: Declaration. "Declaration" shall mean and refer to this instrument, as the
same may be supplemented or amended from time to time.
Section 1.8: Development Period. "Development Period" shall mean and refer to that
period of time beginning on the date of initial recording of this Declaration and ending whenever
any of the following first occurs: (i) 3 years from the date hereof; or (ii) 2 months after title has
been transferred to purchasers of Lots representing ninety-five (95%) of the total voting power of
all Owners as then constituted; or (iii) written notice from Declarant to the Association in which
Declarant elects to terminate the Development Period. The "Development Period" may be
extended for a period of 5 years or longer at the sole option of Declarant.
Section 1.9. Governing Documents. "Governing Documents" shall mean and refer to
this Declaration, the Articles of Incorporation, the By-Laws of the Association, and the recorded
Plat, as any of the foregoing may be amended from time to time.
Section 1.10: Lot. "Lot" shall mean and refer to the lots as shown on the Plat as of
the date of this Declaration, as well as any future lots created through subdivision, short
subdivision, site plan approval, or any other legal process for dividing land with the Plat. The
word "Lot" as used herein excludes any parcel designated as a Tract on the recorded Plat, unless
and until that Tract is later legally divided into lots through subdivision, short subdivision, site
plan approval, or any other legal process for dividing land. Declarant hereby reserves the right to
divide Tract A into two Lots and the right to add additional adjacent property contained
additional Lot(s) to Ravenna.
Section 1.11: Mortgage. "Mortgage" shall mean and refer to any recorded mortgage or
deed of trust encumbering one or more of the Lots or Living Units. "First Mortgage" shall mean
and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to
the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees.
As used herein, the term "Institutional Mortgagees" or "Institutional Holder" shall include banks,
trust companies, insurance companies, mortgage companies, mortgage insurance companies,
savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal
National Mortgage Association ("FNMA"), Federal Home Loan Mortgage Corporation
("FHLMC"), all corporations, and any agency or department of the United States Government or
of any state or municipal government.
Section 1.12: {reserved]
Section 1.13: Owner. "Owner" shall mean and refer to the record owner (whether one
or more persons or entities) of a fee interest in any Lot but excluding mortgagees or other
persons or entities having such interest merely as security for the performance of an obligation.
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Purchasers or assignees under recorded real estate contracts shall be deemed Owners and their
respective sellers or assignors shall not be deemed Owners.
Section 1.14: Plat: "Plat" shall mean and refer to the approved plat of Ravenna
contained therein recorded at Volume 2P 2.42, pages It/ to 4.6 under King County Recording
Number AO/3O(p oZOOO Ii� . In the event that additional property is added to Ravenna
by Declarant pursuant to Section 1.10, any additional lots shall be treated as part of Ravenna and
subject to these Covenants, Conditions and Restrictions, even if they are not within the
boundaries of the Plat which has been recorded and referred to in this Section 1.14.
Section 1.15: Tract. "Tract" shall mean and refer to those portions of the recorded Plat
which are so designated and which are generally held for purposes other than use as lots for
construction of a residence.
ARTICLE 2 HOMEOWNERS ASSOCIATION
Section 2.1. Description of Association. The Association is a non-profit corporation
organized and existing under the laws of the State of Washington charged with the duties and
vested with the powers prescribed by law and set forth in the Governing Documents, as they may
be amended from time to time. No Governing Document other than this Declaration shall for
any reason be amended or otherwise changed or interpreted so as to be inconsistent with this
Declaration.
Section 2.2. Association Board of Directors. Declarant shall select an initial Board of
Directors of not fewer than 3 persons, who need not be Owners. The initial Board shall have the
full authority and all rights, responsibilities, privileges, and duties to manage the Association
under the Governing Documents and shall be subject to all provisions of the Governing
Documents. The term of the initial directors of the Board shall expire as set forth in the Articles
and Bylaws. The Board shall elect officers of the Association, which shall include a president
who shall preside over meetings of the Board and meetings of the Association.
Section 2.3. Association Membership. Every Owner shall by reason thereof be a
member of the Association as set forth in the Articles and Bylaws.
Section 2.4. Votes Appurtenant to Ownership. Every Owner shall be entitled to vote in
accordance with the provisions of the Articles and Bylaws.
Section 2.5. Owner's Compliance with Governing Documents. By acceptance of a deed
to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership
interest, whether or not it shall be so expressed in any such deed or other instrument, the Owner
thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns,
to observe and comply with all terms of the Governing Documents of the Association, and all
rules and regulations duly promulgated by the Board.
Section 2.6. Rules and Regulations. The Board shall have the power to adopt from time
to time and to enforce rules and regulations governing the use of Tracts B and C and the use and
maintenance of Lots and Tracts, in addition to the use restrictions contained in this Declaration
and whether or not expressly contemplated herein, provided that such rules and regulations shall
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not be inconsistent with this Declaration. The rules and regulations may not discriminate among
Owners. The Association may prescribe penalties for the violation of such rules and regulations,
including but not limited to suspension of the right to use Tracts B and C or portions thereof.
Any such rules and regulations shall become effective 30 days after promulgation or amendment
and shall be mailed to all Owners within 30 days after promulgation or amendment. A copy of
the rules and regulations then in force shall be retained by the secretary of the Association and
shall be available for inspection by any Owner during reasonable business hours. Such rules
shall have the same force and effect as if set forth herein.
Section 2.7. Architectural Control Committee. The Board shall establish and thereafter
continuously maintain an Architectural Control Committee to review and approve or disapprove
the details and written plans and specifications of all construction, including initial construction
other than new construction exempt pursuant to Section 5.1(a), additions or exterior alterations to
homes and accessory buildings, fences, walls, or other structures and all clearing or excavation
of Lots, or cutting of trees within the Plat,pursuant to Article 6 hereof.
The Board shall have the power to adopt from time to time and to enforce guidelines,
criteria, and procedures governing the Architectural Control Committee and the Owners'
compliance with the provisions of Article 6 hereof.
Section 2.8. Additional Committees. The Board of Directors shall have the authority
to create, from time to time, additional committees that the Board of Directors, in its sole
discretion, determines would be useful for the efficient and proper administration of the duties of
the Association. The Board may delegate such functions and duties to such committees as it
deems fit, provided that the Board shall retain the ultimate decision making authority on all
issues affecting the Association.
ARTICLE 3 -ASSOCIATION BUDGET,ASSESSMENTS, AND LIENS
Section 3.1. Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot,
execution of a contract therefore, or any other means of acquisition of an ownership interest,
whether or not it shall be so expressed in any such deed or other instrument, the Owner thereof
covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay
the Association, in advance, all general and special assessments levied as provided herein.
Section 3.2. Association Budget. The Association shall prepare, or cause the preparation
of, an operating budget for the Association at least annually, in accordance with generally
accepted accounting principles and the procedures specified in the Bylaws. The operating
budget shall set forth all sums required by the Association, as estimated by the Association, to
meet its annual costs and expenses including, but not limited to, all management and
administration costs of the Association, operating and maintenance expenses of Tracts B and C,
expenses for services furnished to or in connection with Tracts B and C, including the amount of
all taxes and assessments levied against, the cost of liability and other insurance on Tracts B and
C, charges for any services furnished to the Association, the cost of utilities and other services,
and the cost of funding all reserves established by the Association, including, if appropriate, a
general operating reserve and a reserve for replacements. The funds required to meet the
Association's annual expenses shall be raised from a general assessment against each Owner as
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provided hereafter. The Association may revise the operating budget after its preparation at any
time and from time to time, as it deems necessary or advisable in order to take into account and
defray additional costs and expenses of the Association.
Section 3.3. Levy of General Assessment. In order to meet the costs and expenses
projected in its operating budget, the Association shall determine and levy in advance on every
Owner a general assessment. The amount of each Owner's general assessment shall be the
amount of the Association's operating budget divided among the Lots; provided that, any vacant
Lot(s) not yet liable for payment of assessments pursuant to Section 3.6 shall not be included in
this calculation. Notice of the proposed budget and estimated general assessment shall be sent to
each Owner as required by RCW ch. 64.38.025 as now or hereafter amended; provided,
however, that notification to an Owner of the amount of an assessment shall not be necessary to
the validity thereof. The omission by the Association, before the expiration of any assessment
period, to fix the amount of the general assessments hereunder for that or the next period, shall
not be deemed a waiver or modification in any respect of the provisions of this Article or a
release of any Owner from the obligation to pay the general assessment, or any installment
thereof, for that or any subsequent assessment period, but the general assessments fixed for the
preceding period shall continue until a new assessment is fixed. Upon any revision by the
Association of the operating budget during the assessment period for which such budget was
prepared, the Association shall, if necessary, revise the general assessments levied against the
Owners and give notice of the same in the same manner as the initial levy of general assessments
for an assessment period.
Section 3.4. Payment of General Assessment. As determined by the Board, installments
of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis.
Any Owner may prepay one or more installments on any assessment without discount or penalty.
Section 3.5. Non-Discriminatory Assessment. No assessment shall be made at any time
which may unreasonably discriminate against any particular Owner or group of Owners in favor
of other Owners.
Section 3.6. Commencement of Assessments; Limited Exemptions for Vacant Lots.
Liability of an Owner for assessments shall commence on the first day of the calendar month
following the date upon which any instrument of transfer to such Owner becomes operative
(such as
the dateof a deed, the date of a recorded real estate contract for the sale of any Lot, the
date of death in the case of a transfer by will or intestate succession, etc.) and shall terminate on
the date that the Owner transfers title to a new Owner, provided such transfer shall not relieve a
selling Owner from liability for assessments due prior to the close of such transfer. The due
dates of any special assessment payments shall be fixed by the Board when authorizing such
special assessment. The Board shall have the discretion to exempt Lots which are vacant from
assessments or portions of assessments attributable to improvements or work which does not
benefit vacant Lots.
Section 3.7. Special Assessments. In addition to the general assessments authorized by
this Article, the Association may levy a special assessment or assessments at any time for the
purpose of defraying, in whole or in part, the cost of any construction or reconstruction,
inordinate repair, or replacement of a described capital improvement located upon or forming a
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part of Tracts B and C, including necessary fixtures and personal property related thereto, or for
such other purpose as the Association may consider appropriate; provided, however, that any
such assessment must have the prior favorable vote of Owners representing two-thirds of the
Lots affected by the special assessment. If appropriate, the Association may levy a special
assessment against a portion of the Lots in cases where some but not all of the Lots would
benefit by the special assessment, so long as any such assessment shall have the favorable vote
of Owners representing two-thirds of the Lots affected by the special assessment. The amount of
each Owner's special assessment for any year shall be the total special assessment for such year,
divided by the sum of the number of Lots affected by the special assessment, provided the
Association may set different special assessment rates for Lots if the Association determines that
the benefit of the special assessment is different for the Lots.
Section 3.8. Effect of Non-Payment of Assessment. If any assessment payment is not
made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute
a lien against the Lot and shall bear interest from the date on which payment was first due and
payable at the rate applicable to judgments in Washington. By acceptance of a deed to a Lot,
execution of a contract therefore, or any other means of acquisition of an ownership interest, and
whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be
deemed to grant thereby to the Association, its agents and employees, the right and power to
bring all actions against such Owner personally for the collection of such assessments as a debt,
and to enforce the liens created by this Declaration in favor of the Association by foreclosure of
the continuing liens in the same form of action as is then provided for the foreclosure of a
mortgage on real property. The liens provided for in this Declaration shall be for the benefit of
the Association as a corporate entity, and the Association shall have the power to bid in at any
lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot foreclosed against.
Section 3.9. Lien to Secure Payment of Assessments. Declarant hereby creates in the
Association perpetually the power to create a lien in favor of the Association against each Lot to
secure to the Association the payment to it of all assessments, interest, costs, and attorneys' fees;
and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien
shall arise in accordance with the terms of this Declaration without the necessity of any further
action by the Association, and any such lien when created, shall be a security interest in the
nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the
amount stated in the assessment from the time of the assessment, and shall also be the personal
obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The
personal obligation to pay a prior assessment shall not pass to successors in interest unless
expressly assumed by them, provided, however, that in the case of a sale or contract for the sale
of any Lot which is charged with the payment of an assessment the person or entity who is the
Owner immediately prior to the date of such sale shall be personally liable for the amounts of the
monthly installments due prior to said date, and the new Owner shall be personally liable for
monthly installments becoming due on or after such date. The foregoing limitation on the
duration of the personal obligation of an Owner to pay assessments shall not, however, affect the
validity or duration of the continuing lien for unpaid assessments against the respective Lot.
Section 3.10. Suspension for Non-Payment of Assessment. If an Owner shall be in
arrears in the payment of any assessment due, or shall otherwise be in default of the performance
of any terms of the Governing Documents for a period of 30 days, said Owner's voting rights
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shall without the necessity of any further action by the Board, be suspended (except as against
foreclosing secured parties) and shall remain suspended until all payments, including interest
thereon, are brought current and any other default is remedied.
Section 3.11. Reserves for Replacement. As a common expense, the Association may
establish and maintain a reserve fund for replacement of Tracts B and C and any improvements
and Association facilities thereon by the allocation and payment monthly to such reserve fund of
an amount to be designated from time to time by the Association. Such fund shall either be
deposited with a banking institution, the accounts of which are insured by any state or by any
agency of the United States of America or, in the discretion of the Association, be invested in
obligations of, or fully guaranteed as to principal by, the United States of America. The reserve
fund shall be expended only for the purpose of effecting the repair and replacement of
improvements and Association facilities in Tracts B and C, equipment replacement, and for start-
up expenses and operating contingencies of a nonrecurring nature. The Association may
establish such other reserves for such other purposes as it may from time to time consider
necessary or appropriate. The proportional interest of any Owner in any such reserves shall be
considered an appurtenance of that Owner's Lot and shall not be separately withdrawn, assigned,
or transferred, or otherwise separated from the Lot to which it appertains and shall be deemed to
be transferred with such Lot.
Section 3.12. Certain Areas Exempt. Tracts B and C and all portions of the Plat
dedicated to and accepted by a public authority or other charitable or non-profit Association
exempt from taxation under the laws of the State of Washington, shall be exempt from
assessments by the Association.
ARTICLE 4 - SUBORDINATION OF LIENS
Section 4.1. Intent of Provisions. The provisions of this Article 4 apply for the benefit of
each Mortgagee who lends money for purposes of construction or to secure the payment of the
purchase price of a Lot.
Section 4.2. Mortgagee's Non-Liability. The holder of a Mortgage shall not, by reason
of the security interest only, be liable for the payment of any assessment or charge, nor for the
observance or performance of any covenant or restriction, excepting only those enforceable by
equitable relief and not requiring the payment of money, and except as hereafter provided.
Section 4.3. Mortgagee's Rights During Foreclosure. During the pendency of any
proceeding to foreclose a Mortgage, including any period of redemption, the holder of the
Mortgage, or the receiver, if any, may exercise any or all of the rights and privileges of the
Owner of the encumbered Lot, including but not limited to the right to vote in the Association to
the exclusion of the Owner's exercise of such rights and privileges.
Section 4.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record
Owner of the Lot or previously encumbered by the Mortgage, the Mortgagee shall be subject to
all of the terms and conditions of this Declaration, including the obligation to pay for all
assessments and charges in the same manner as any Owner.
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Section 4.5. Mortgagee's Title Free and Clear of Liens. A Mortgagee or other secured
party acquiring title to a Lot through foreclosure, suit, deed of trust sale, deed in lieu of
foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any
lien authorized by or arising out of the provisions of this Declaration, insofar as such lien secures
the Payment of any assessment or charge or installment due but unpaid before the final
conclusion of any such proceeding, excluding the expiration date of any period of redemption.
The Association may treat any unpaid assessments against a Lot foreclosed against as a common
expense, in which case it shall prorate such unpaid assessments among the remaining Lots, and
each such remaining Lot shall be liable for its prorated share of such expenses in the same
manner as for any other assessment.
Section 4.6. Survival of Assessment Obligation. After the foreclosure of a security
interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal
obligation of the Owner against whom the same was levied, and the Association shall use
reasonable efforts to collect the same from such Owner.
Section 4.7. Subordination of Assessment Liens. The liens for assessments provided for
in this Declaration shall be subordinate to the lien of any Mortgage or other security interest
placed upon a Lot as a construction loan security interest or as a purchase money security
interest, or refinancing thereof and the Association will, upon demand, execute a written
subordination document to confirm the particular superior security interest. The sale or transfer
of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration
except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for
purposes of realizing a security interest, liens shall arise against the Lot for any assessment
payments coming due after the date of completion of foreclosure (excluding the expiration date
of any period of redemption).
ARTICLE 5 - BUILDING AND LAND USE RESTRICTIONS
Section 5.1. Improvements. No Lot, dwelling, residence, outbuilding,
fence, wall, building, pool, deck, substantial landscaping, change in exterior paint color or other
structure or other improvement shall be erected, altered, placed or maintained on any Lot unless
it shall comply with the following:
(a) Prior to placing any such structure or making such improvement on
the Lot, the plans and specifications for the structure or improvement and a request for approval
shall be submitted to and approved by the Committee as provided in Article 6. When
constructed or placed on the Lot, the structure or improvement shall substantially conform to the
plans and specifications approved by the Committee. This provision shall not apply to the
Declarant until all homes are initially sold and occupied.
(b) Prior to making any change or alteration to the external appearance
of any existing improvement on a Lot, plans and specifications for the alteration and change shall
be submitted to and approved by the Committee as provided in Article 6. When made, the
changes or alteration shall substantially conform to the plans and specifications as approved by
the Committee. This provision shall not apply to the Declarant until all homes are initially sold
and occupied.
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(c) Once started, the work of constructing, altering, repairing, or
reconstructing any structure or improvement on a Lot shall be diligently prosecuted until
completion thereof and in any event the exterior of the structure shall be completed and finished
within six months after the work first commences. In the case of landscaping improvements or
modifications, the work shall be completed within two months after the work first commences.
(d) All buildings and improvements on a Lot shall be of permanent
construction, and no temporary structure, trailer, mobile home, tent, garage, outbuilding or other
similar device shall be placed on any Lot, except with the permission of the Committee. This
provision shall not apply to the Declarant during the Development Period.
(e) Lots shall be used solely for residential purposes and related
facilities normally incidental to a residential use. No building shall be erected, altered, placed or
permitted to remain on any Lot except for one (1) detached single family dwelling and permitted
accessory building.
(f) Accessory buildings which are appurtenant to the use of an
existing permanent residential building may be permitted on a Lot. Permitted accessory
buildings may include playhouses, tool sheds, doghouses, and gazebos. No permitted accessory
building shall be placed on a Lot unless the plans for the accessory building have been first
approved as to the design and location on the Lot by the Committee. The Committee may refuse
to approve a permitted accessory building if, in the exercise of the discretion of the Committee,
the structure detracts from the general visual appearance of the neighborhood or other homes.
The location of a permitted accessory building shall be located where it minimizes the visual
impact and, as a general guideline, shall be in the rear yard or side yard behind the front of the
house. The Committee shall not be bound by the guidelines, but may exercise its discretion in
that respect. The Committee may require visual screening of accessory buildings from adjacent
Lots. Accessory buildings shall not be easily visible from any street.
(g) All structures and improvements shall comply with the provisions
of the applicable Building Code, as amended from time to time, relating to setback requirements;
provided that nothing herein shall require removal of a building which was originally placed in
conformity with such Code because of change in the Code. The Applicant is responsible for
procuring all necessary permits.
(h) No exterior aerials, antennas, microwave receivers or satellite
dishes for television or other purposes shall be permitted on any Lot except as follows: The
Committee will not require prior approval as to placement and screening from residents who
wish to install satellite dishes (18" or less in diameter) in accordance with current FCC rulings.
The Committee recognizes the need to locate these dishes in a place that will allow the best
reception possible, however, residents are encouraged to consider aesthetics as well. Residents
choosing to install satellite dishes measuring larger than 18" in diameter are required to obtain
approval form the Committee prior to installation.
(i) All mailboxes are to be of uniform design as approved by the
Committee.
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(j) Owners of fences shall be obligated to repair and maintain such
fences so that they are structurally sound and painted or stained from time to time as may be
necessary to maintain a reasonable appearance thereof. Owners of fences shall have the right to
enter adjoining property on a temporary basis for purposes of such maintenance, provided the
owner seeking to exercise this right of entry shall give two weeks written notice to the owner of
the adjoining property and further provided that no damage to adjoining property shall be
permitted and the adjoining property shall be restored to a condition reasonably equivalent to its
condition prior to such entry as soon as such maintenance or repair work is completed.
(k) The Board may adopt such regulations for the installation,
maintenance and watering of landscaping, including lawns, as the Board determines are
reasonably necessary to maintain the general appearance and value of the properties within the
Plat.
Section 5.2. Animals. No animals, livestock or poultry of any kind shall be raised, bred,
or kept on any Lot except that usual household pets such as dogs, cats and small birds may be
kept, provided that they are not kept, bred or maintained for commercial purposes, and that they
do not unreasonably interfere with the use and enjoyment of any part of the Plat.
Section 5.3. Nuisances. No Lot shall be used or maintained as a dumping ground for
rubbish; and trash, garbage, or other waste shall not be kept except for in sanitary containers or
composting areas. Equipment for the storage or disposal of such material shall be kept in a clean
and sanitary condition and out of sight. Nothing shall be done on a Lot which may become a
nuisance to the neighborhood.
Section 5.4. Businesses. No trade, craft, business, profession, manufacturing,
commercial enterprise or commercial activity of any kind shall be conducted or carried on upon
any Lot or within any building located within the Plat unless it is authorized by and is in
compliance with local land use ordinances and does not interfere with the quiet and peaceful use
and enjoyment of any part of the Plat. For purposes of this Section, "interference" will be
assumed to exist if(1) evidence of said use is visible from the street or adjacent Lots, (2) the use
causes an increase in the noise level in the surrounding area, or (3) the use increases traffic above
usual residential volumes. No signs for such businesses shall be permitted.
Section 5.5. Storage. No goods, materials, supplies or equipment, and no boats, trucks,
motorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be
stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in
the Plat. Upon 48 hours notice to the Owner of the Lot, the Association has the authority to have
removed at the Owner's expense any improperly stored or parked vehicle, boat, or other
equipment. During the Development Period, the Declarant may store equipment and building
materials and maintain temporary trash storage sites within the Plat. The restrictions contained in
this Section shall not exclude the temporary parking of automobiles on the designated driveway
areas adjacent to garages on the Lots.
Section 5.6. Construction and Sale Period. So long as Declarant owns any property in
the Plat for development and/or sale, the restrictions set forth in this Article 5 shall not be applied
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or interpreted so as to prevent, hinder, or interfere with development, construction or sales
activities of Declarant or any builder or developer approved by the Declarant.
Section 5.7 Maintenance. Property ownership includes the responsibility to maintain
all structures and grounds that are part of the Lot. This obligation includes, but is not limited to,
such activities as mowing grass, weed control, vegetation, prevention of offensive or noxious
odors associated with composting, removal of trash, structural maintenance, including repairing
mildewed or worn or dated siding and fencing, painting, and removing moss on roofs.
ARTICLE 6 - ARCHITECTURAL CONTROL
Section 6.1. The Committee. The Board shall designate the Committee herein referred
to. The address of the Committee shall be the registered office of the Association.
Section 6.2. Submission of Plans. Prior to construction, all plans and specifications or
information required to be submitted to the Committee for approvals shall be submitted by mail
to the address of the Committee in duplicate, shall be in writing, shall contain a written request
for approval and the name and address of the person submitting the same and the Lot involved,
and shall set forth the following with respect to a proposed structure: The location of the
structure upon the Lot, the elevation of the structure with reference to the existing and finished
lot grade, the general design, the interior layout, the exterior finish materials and color including
roof materials, the landscape plan, and such other information as may be required to determine
whether such structure conforms with the restrictions established by the Governing Documents
and any Homeowners Regulations adopted by the Association. The Committee may require
applicants to notify adjacent Lot Owners of their request for approval.
Section 6.3. Standards. The Committee shall have the authority to determine and
establish standards involving aesthetic considerations of harmony of construction and color
which it determines to be in the best interest of providing for attractive development of the Plat ,
which authority shall include but not be limited to determining the height, configuration, design
and appearance of the home, fences, walls, outbuildings, pools, and other structures and
improvements appurtenant to the use of the Lot. Such determinations shall be binding on all
persons having any interest in the Lot. Owners shall be responsible for informing contractors,
agents and others working on the Lot of the standards and conditions of all approvals issued by
the Committee and shall be responsible for correcting any violations of any and all violations of
those standards and conditions.
Section 6.4. Approval or Disapproval Process. Within 30 days after the receipt of plans
and specifications or information with a request for approval, the Committee shall by majority
vote approve or disapprove the request. The Committee may disapprove any request which in its
opinion does not conform to the Governing Documents and any Association Regulations adopted
by the Association or its aesthetic or other adopted standards. Approval or disapproval of a
request shall be made upon one of the copies thereof and returned to the address shown on the
request. If the Committee fails to approve or disapprove submitted plans and specifications
within 30 days after the plans and specifications have been submitted, which submission shall be
evidenced by a written receipt for said plans and specifications, approval will not be required,
and this Section will be deemed to have been fully complied with. In this event, any such plans
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and specifications shall nevertheless be in compliance with all the restrictions contained in the
Governing Documents and any Association Regulations adopted by the Association.
Section 6.5. Advisors. The Committee may appoint advisors or advisory committees
from time to time to advise on matters pertaining to the Plat. No person on the Committee or
acting for it shall be responsible for any defect in any plan or specification submitted or approved
nor for any defect in any plan or specification submitted or approved nor for any defect in any
work done according to such plans and specifications.
Section 6.6. Variations. The Committee shall have the authority to approve plans and
specifications which do not conform to these restrictions in order to overcome practical
difficulties or prevent hardships in the application of these restrictions; provided that such
variations so approved shall not be materially injurious to the improvements of other Lots and
shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the
purposes and intent of these restrictions.
ARTICLE 7—TRACTS -USE AND MAINTENANCE
Section 7.1. Ownership, Maintenance and Use of Tracts. Declarant hereby conveys
Tract B to the the City of Renton, as designated in the recorded Plat including notes thereto.
Tract B contains a stormwater control vault, which shall be owned and maintained by the
City of Renton.
Tract C shall be retained by Declarant and is subject to a temporary easement for private
road and utility purposes. The private road and associated landscaping contained in Tract
C shall be maintained by the Association. At such time as Field Place NE and Graham
Avenue NE are extended and/or connected and accepted by the City of Renton, the
temporary easement shall automatically terminate and Declarant shall determine the best
use of Tract C at that time.
Tract A has been retained by the Declarant for future development as additional Ravenna
Lots.
Section 7.2. Owners' Common Rights. Owners shall have equal rights with the Owners
to use Tract C. All easements for ingress, egress, utilities, and use of facilities in Tract C, unless
otherwise specifically limited, shall exist in favor of all Owners in the Plat.
Section 7.3. Maintenance of Tracts and Other Maintenance. The Association shall
maintain, repair, replace, improve, and otherwise manage landscaping on Tract B and C so as to
keep them in good repair and condition and shall conduct such additional maintenance, repair,
replacement, construction, or reconstruction as may be required by the City of Renton or as
determined by the Board. Any action necessary or appropriate to the maintenance and upkeep of
Tracts B and C, the landscaping, irrigation, and other improvements therein shall be taken by the
Board.
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ARTICLE 8- EASEMENTS AND OPEN SPACE
Section 8.1. Construction, Utility and Drainage Easements. Easements for the
construction, repair, replacement, reconstruction, and maintenance of utilities and drainage
facilities have been created and established by the recorded Plat including notes thereto. No
structure, planting or other material which may damage or interfere with the installation and
maintenance of utilities or facilities, or which may change the direction of flow of drainage
channels in the easements, or which may obstruct or retard the flow of water through the
drainage channels in the easements, shall be placed or permitted to remain within any of these
easements, except as otherwise authorized by the Plat.
Section 8.2. Maintenance of Other Landscaping. The Association shall also be
responsible for maintaining, repairing and replacing the landscaping located in the planter strip
adjacent to NE 6`h Street. Landscaping installed in the planter strip in front of lots 6 through 10
shall be the responsibility of the individual lot owners.
ARTICLE 9- INSURANCE, CASUALTY LOSSES, CONDEMNATION
Section 9.1. Insurance Coverage. The Association shall obtain and maintain at all times
as an Association expense an insurance policy or policies and bonds written by companies
licensed to do business in Washington which provide:
9.1.1. Insurance against loss or damage by fire and other hazards covered by the
standard extended coverage endorsement in an amount as near as practicable to the full insurable
replacement value (without deduction for depreciation) of the improvements in Tracts B and C,
with the Association named as insured, or such other fire and casualty insurance as the
Association shall determine will give substantially equal or greater protection.
9.1.2. General comprehensive liability insurance insuring the Association, the
Owners, Declarant, and any managing agent, against any liability to the public or to the Owners
and their guests, invitees, licensees, or tenants, incident to the ownership or use of Tracts B and
C.
9.1.3. Worker's compensation insurance to the extent required by applicable
laws.
9.1.4. Fidelity coverage naming the Association as an obligee to protect against
dishonest acts by the Board, Association officers, committees, managers, and employees of any
of them, and all others who are responsible for handling Association funds, in an amount equal to
three months general assessments on all Lots, including reserves.
9.1.5. Insurance against loss of personal property of the Association by fire, theft,
and other losses with deductible provisions as the Association deems advisable.
9.1.6. Such other insurance as the Association deems advisable, provided, that
notwithstanding any other provisions herein, the Association shall continuously maintain in
effect casualty, flood, and liability insurance and a fidelity bond meeting the insurance and
fidelity bond requirements for Projects established by Federal National Mortgage Association,
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Government National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Housing Authority, and Veterans Administration, so long as any of them is a Mortgagee
or Owner, except to the extent such coverage is not available or has been waived in writing by
Federal National Mortgage Association, Government National Mortgage Association, Federal
Home Loan Mortgage Corporation, Federal Housing Authority, or Veterans Administration.
Section 9.2. Casualty Losses. In the event of substantial damage to or destruction of any
of the improvements in Tracts B and C, the Association shall give prompt written notice of such
damage or destruction to the Owners and to the holders of all First Mortgages who have
requested such notice from the Association. Insurance proceeds for damage or destruction to any
part of such improvements shall be paid to the Association as a trustee for the Owners, or its
authorized representative, including an insurance trustee, which shall segregate such proceeds
from other funds of the Association.
Section 9.3. Condemnation. In the event any part of Tract B is made the subject matter
of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by
any condemning authority, the Association shall give prompt notice of any such proceeding or
proposed acquisition to the Owners and to the holders of all First Mortgages who have requested
from the Association notification of any such proceeding or proposed acquisition. All
compensation, damages, or other proceeds therefrom, shall be payable to the Association.
ARTICLE 10- ENFORCEMENT
Section 10.1. Right to Enforce. The Association, Declarant, and any Owner shall have
the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions,
restrictions, reservations, liens, and charges now or hereafter imposed by or pursuant to the
provisions of this Declaration. Failure or forbearance by any person or entity so entitled to
enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a
waiver of the right to do so thereafter.
Section 10.2. Imposition of Fines.
(a) Authority to Impose Fines: The Association shall have the right to impose
monetary penalties against the owner and/or occupant of any Lot who violates
these Covenants, Conditions and Restrictions or Association Regulations or other
rules and restrictions adopted by the Association. The Board shall, from time to
time, adopt a schedule for such monetary penalties. The schedule may provide for
penalties that are assessed a single flat rate and may provide for penalties which are
incurred on a periodic (daily, weekly, etc.) basis and which accrue until violations
are corrected.
(b) Procedure for Imposition of Fines: If the Association determines that a violation of
the Covenants, Conditions and Restrictions, or Association Regulations or other
rules and restrictions adopted by the Association has occurred, the Association
shall send a written Notice of Violation to the owner or occupant of the Lot
determined to be responsible for the violation. The Notice of Violation shall
identify (1) the location where the violation has occurred, (2) the name of the
person responsible for the violation, (3) the nature of the violation, (4) the action or
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actions required in order to cure the violation and a deadline for compliance, and
(5) the rate or amount of the fine that will be assessed if the violation is not cured
by the compliance deadline. In addition, the Notice of Violation shall indicate that
the owner or occupant deemed responsible for the violation shall be entitled to
request a hearing before the Board, provided a written request for such a hearing is
submitted to the Board within fourteen calendar days after the issuance of the
Notice of Violation.
(c) Hearing by Board: If a request for a hearing is submitted, the Board shall conduct
a factual hearing and allow interested parties to present evidence relevant to the
issues of whether or not a violation has occurred and what action is required to cure
the violation. The Board shall issue a written decision after the conclusion of the
factual hearing. All Notices of Violation become final either fourteen days after
they are issued if no request for a hearing is submitted, or on the date that the
Board issues its decision following a hearing.
(d) Collection of Fines, Lien on Title: Unpaid fines assessed pursuant to Section 10.2
shall constitute liens against the Lot, be subject to the terms and conditions of this
Declaration regarding liens for assessments and attorneys fees.
Section 10.3. Remedies Cumulative. Remedies provided by this Declaration are in
addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall
be, and there is hereby created and declared to be, a conclusive presumption that any violation or
breach or attempted violation or breach of the covenants, conditions, and restrictions herein
cannot be adequately remedied by an action at law or exclusively by recovery of damages.
ARTICLE 11 -AMENDMENT AND REVOCATION
Section 11.1. Amendment by Association. Prior to the expiration of the Development
Period, any amendment to the Declaration may be executed by the Declarant. Subsequent to the
expiration of the Development Period, this Declaration may be amended only by an instrument
executed by the Association for and on behalf of the Owners, provided, however, that such
amendments shall have received the prior approval of a vote of the Owners having 75 percent of
the total outstanding votes in the Association. Notwithstanding any of the foregoing, the prior
written approval of 51 percent of all Mortgagees who have requested from the Association
notification of amendments shall be required for any material amendment to the Declaration or
the Association's By-Laws of any of the following: voting rights, assessments, assessment liens,
and subordination of such liens, reserves for maintenance, repair, and replacement of
improvements in Tracts B and C, responsibility for maintenance and repair, reallocation of
interest of Tracts B and C, or rights to their use; imposition of any restrictions on the right of an
Owner to sell or transfer a Lot; any action to terminate the legal status of the Association after
substantial destruction or condemnation occurs, or any provisions which are for the express
benefit of Mortgagees or eligible insurers or guarantors of First Mortgages.
Section 11.2. Effective Date. Amendments shall take effect only upon recording at the
offices of the King County Recorder's Office..
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ARTICLE 12 - GENERAL PROVISIONS
Section 12.1. Taxes. Each Owner shall pay without abatement, deduction, or offset, all
real and personal property taxes, general and special assessments, including local improvement
assessments, and other charges of every description levied on or assessed against his Lot, or
personal property located on or in the Lot. The Association shall likewise pay without
abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or
assessed against Tracts B and C.
Section 12.2. Non-Waiver. No waiver of any breach of this Declaration shall constitute
a waiver of any other breach, whether of the same or any other covenant, condition, or
restriction.
Section 12.3. Covenants Running with the Land. The covenants, conditions, restrictions,
liens, easements, enjoyment rights, and other provisions contained herein are intended to and
shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing or
otherwise occupying any portion of the Plat, their heirs, executors, administrators, successors,
grantees, and assigns. All instruments granting or conveying any interest in any Lot and all
leases or subleases shall refer to this Declaration and shall recite that it is subject to the terms
hereof as if fully set forth therein. However, all terms and provisions of this Declaration are
binding upon all successors in interest despite an absence of reference thereto in the instrument
of conveyance, lease, or sublease.
Section 12.4. Attorneys' Fees. In the event of a suit or action to enforce any provision of
this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful
party in such suit or action shall pay to the prevailing party all costs and expenses, including title
reports, and all attorneys fees that the prevailing party has incurred in connection with the suit or
action, in such amounts as the court may deem to be reasonable therein, and also including all
costs, expenses, and attorneys fees incurred in connection with any appeal from the decision of a
trial court or any appellate court.
Section 12.5. No Abandonment
ofObligation. No Owner, through his non-use of any
g
Tracts B and C, or by abandonment of his Lot, may avoid or diminish the burdens or obligations
imposed by this Declaration.
Section 12.6. Interpretation. The captions of the various articles, sections and
paragraphs of this Declaration are for convenience of use and reference only and do not define,
limit, augment, or describe the scope, content or intent of this Declaration or any parts of this
Declaration. The neuter gender includes the feminine and masculine, the masculine includes the
feminine and neuter, and the feminine includes the masculine and neuter, and each includes a
legal entity when the context so requires. The single number includes the plural whenever the
context so requires.
Section 12.7. Severability. Invalidation of any one of these covenants, conditions,
restrictions, easements, or provisions by judgment or court order shall in no way affect any other
of the same, all of which shall remain in full force and effect.
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Section 12.8. Notices. All notices, demands, or other communications ("Notices")
permitted or required to be given by this Declaration shall be in writing and, if mail postage
prepaid by certified or registered mail, return receipt requested (if a Notice to Declarant, the
Association, or to fewer than all Owners), or if mailed first-class postage prepaid (if a Notice to
all Owners), shall be deemed given three days after the date of mailing thereof, or on the date of
actual receipt, if sooner, except as otherwise provided in the Governing Documents. Notice to an
Owner may be given at any Lot owned by such Owner; provided, however, that an Owner may
from time to time by Notice to the Association designate such other place or places or
individuals for the receipt of future Notices. Notices shall be addressee to the last known address
of the addressee if not otherwise known. If there is more than one Owner of a Lot t, Notice to
any one such Owner shall be sufficient. The address of Declarant during the Development
Period and of the Association shall be given to each Owner at or before the time he becomes an
Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to
all Owners.
Section 12.9. Applicable Law. This Declaration shall be construed in all respects under
the laws of the State of Washington.
IN WITNESS WHEREOF, THE UNDERSIGNED DECLARANT HAS EXECUTED
THIS DECLARATION THE DAY AND YEAR FIRST ABOVE WRITTEN.
JAYMARc AT H NEYBROOK, LLC
TITLE M�vj ►:44 Me.\,�
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of M , 20 IS , before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
V s-h2G.MO , to me known to be the president of JayMarc at Honeybrook, LLC,
which executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he was authorized to execute the said instrument. Jj
tottutitIIN. LCA-
O` pP S•G(�� p� P 'nt name: LINv 5. �uli`04-
•
•*cps� SSION A• �� Notary Public in and for the State of Washington
•z
•z My My commission expires: '- A P-1
_*: wic3•0411s• *c
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