HomeMy WebLinkAboutRC 20030528002021 . 1
Return Address:
City Clerk's Office III II 1111 I II I II 11 III II I
City of Renton
1055 Grady Way 20030528002021
Renton,WA 98055
CITY OF RENTON DECL 38.00
PAGE 001 OF 018
05/28/2003 13:28
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in)
1. Woodbrier 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) (Last name,first name,initials)
1. Sinclair Thimgan Homes,Inc.
2.
•
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. City of Renton
2.
Additional names on page of document.
Legal description (abbreviated: i.e. lot,block,plat or section,township,range)
SE 'A of the SE V4 of Section 4,Township 23N,Range 5 East
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax#not yet assigned
0423059123
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
� I
f
f ` (
1 r 1
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF WOODBRIER SUBDIVISION
March 1, 2003
THIS DECLARATION, supersedes and replaces in its entirety the "Protective
Covenants Running with the Land for the Plat of "WOODBRIER", recorded
under # 2003052.8 00 20'L4)
THIS DECLARATION, made on the date hereinafter set forth by Sinclair
Thimgan Homes Inc., hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the County of
King, State of Washington, which is more particularly described as fully set forth
as Exhibit"A" hereto which is incorporated in full by reference as if fully set out.
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold & conveyed subject to the following
easements, restrictions, covenants and conditions, which are for the purpose of
protecting the value and desirability of, and which shall run with, the real
property and be binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to the Woodbrier Home
Owner's Association.
Section 2. "Owner" shall mean and refer to the record owner, whether
one or more persons or entities of the Declarant, of a fee simple title to any lot
which is a part of the Properties, but excluding those having such interest merely
as security for the performance of an obligation.
1
Section 3. "Properties" shall mean and refer to that certain real
property herein described, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean those portions of all real
property (including the improvements thereto) which are held in equal and
undivided interest by all the property owners at Woodbrier for the common use
and enjoyment by the owners, or are upon right of way areas, however are to be
maintained by the Association to enhance the general appearance of the
Development. The areas to be held in joint ownership and/or right of way areas
to be maintained by the property owners of this plat existing at the time of
recording are described as fully set forth at exhibit "A" hereto which is
incorporated in full by reference as if fully set out.
Section 5. "Common Maintenance Area" shall mean those portions of
all dedicated public right-of-way, Storm water system, Detention vault
(including the improvements thereto) maintained by the Association. The area to
be maintained by the Association at the time of recording of this Declaration is
described in Exhibit A.
All sign and plat identification areas ( including the maintenance or
lighting and lighting fixtures of same if the sign be illuminated) pruning and
otherwise maintaining, preserving and caring for the planted and landscaped
areas identified at Section 4 hereof.
Notwithstanding anything to the contrary herein, the Association shall
have no duty, except as undertaken by the Association pursuant to Article III,
Section 4, to maintain any property, including but not limited to, roads, gutters,
curbs, sidewalks, and drainage systems which are or have been conveyed to the
City, County,State, or any political subdivision thereof, as the case may be.
Section 6. "Lot" shall mean to refer to any plot of land shown upon
any recorded subdivision map of the Properties with exception to open space
and roads.
Section 7. "Declarant" shall mean and refer to Sinclair Thimgan Homes
inc,,., their successors and assigns, if such successors or assigns should acquire
more than one (1) undeveloped lot from the Declarant for the purpose of
development.
Section 8. "Board" or "Board of Directors" may be used
interchangeably and shall mean the duly appointed or elected Board of Directors
2
•
,
of Woodbrier Home Owner's Association as provided in the Articles of
Incorporation and Bylaws of said Association.
Section 9. "Architectural Control Committee" shall mean the duly
appointed or elected committee of the Board of Directors as outlined in Article VI
of this Declaration, hereinafter referred to as the "Committee".
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners Easement of Enjoyment. The ownership of each lot
shall include an undivided 1/16 interest in the Common Area. No lot owner
shall, by act or omission, seek to abandon, partition, subdivide, encumber, sell or
transfer the undivided interest in the Common Areas.
Every owner shall have a right and easement of enjoyment in and to the
Common Areas which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The right of the Association to suspend the voting rights and right
to use of the facilities by an owner for any period during which any
assessment against his/her lots remains unpaid, and for a period
not to exceed sixty (60) days for any infraction of its published rules
and regulations;
B. The right of the Association to dedicate or transfer all or anypart of
g
the Common Area to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to
by the members. No such dedications or transfers shall be effective
unless an instrument agreeing to such dedication or transfer signed
by two-thirds (2/3) of each class of members has been accepted by
the receiving public agency and recorded.
Section 2. Effect on Insurance. Nothing shall be done or kept in any
Common Area which will increase the rate of insurance on the Common Area ea or
other lots or improvements without the prior written consent nt of the Board.
Nothing shall be done or kept in any Common Area which will result in the
cancellation of insurance or any part of the Common Area, or which would be
in violation of any laws.
Section 3. Alteration of Common Areas and Common Maintenance
Areas. Nothing shall be altered or constructed in or removed from any Common
3
•
Area or Common Maintenance Area except upon the prior written consent of the
Architectural Control Committee and Board.
Section 4. Dumping in common Areas and Common Maintenance
Areas. No trash, plant or grass clippings, or other debris on any kind shall be
dumped, deposited or placed on any Common Area and Common Maintenance
Area.
Section 5. Construction Activity. No structure shall be erected or
placed on any lots or receive exterior alteration until the construction plans and
specifications have been approved by the Architectural Controls Committee
according to the provisions outlined in Article VI. Any dwelling or structure
erected or placed on any lot in this subdivision shall be completed as to external
appearance, including finishing staining, within nine (9) months after the date of
commencement of construction. Variances may be granted by the Architectural
Control Committee.
Section 6. Building Setbacks. No structure shall be located on any lot
nearer to the front, side and rear lot lined than the minimum dwelling setback
lines required by the Renton Municipal Code. No portion of a dwelling on a lot
shall be permitted to encroach upon another lot, or upon easement areas as
delineated on the face of the plat or as otherwise recorded.
Section 7. Building Materials. All homes constructed on each lot shall
be built of new materials, with the exception of decor items such as used brick,
weathered planking, and similar items. The determination of the Architectural
Control Committee is to be rendered as to whether a used material is a decor
item or not. All roofs are to be approved by the Architectural Control Committee.
All visible masonry shall be native stone,brick or stucco.
Section 8. Landscaping and Fencing. No permanent structures or
landscaping of any kind, including fences, walls or shrubs, may be built or
placed within any of the road right-of-ways and easements as delineated on the
plat, except as deemed appropriate by the Architectural Control Committee and
except as noted below, provided wood fencing may be erected on or within the
property of the owner subject to same being temporarily moved, as is necessary
to obtain access to the easement area as set forth on the plat herein. No fence
shall extend further forward on the lot, than the front of the house upon the
property.
Front yard landscaping shall be completed and in place, as per plans
approved by the Architectural Control Committee within three (3) months of
4
completion of building construction. The Board may grant an additional three (3)
month extension for good cause shown.
Fences, walls or shrubs are permitted to delineate the lot lines of each lot,
subject to the Architectural Control Committee approval, subject further to said
fences, walls or shrubs possible necessity of removal due to use of utility
easements as contained on the face of the plat and other easements elsewhere
recorded.
No barbed wire, chain link or corrugated fiberglass fences shall be erected
on anylot. All fences, open and solid, are to meet the standards set bythe
P
Architectural Control Committee and must be approved by the Committee prior
to construction. The Architectural Control Committee has established a standard
fence design (Exhibit C). The standard fence design can be installed on a Lot
without approval of the Committee.
Section 9. Temporary Residence. No structure of a temporary
character, trailer, basement, tent, shack, garage, barn or any other outbuilding,
shall be used on any lot at any time as a residence, either temporarily or
permanently.
Section 10. Contractor. No home may be constructed on any lot by other
than a contractor licensed as a general contractor under the statues of the State of
Washington without prior approval of the Architectural Control Committee.
Section 11. Wiring. The wiring to accessory buildings of any type shall
be underground.
Section 12. Antenna. No radio or television antennae, or transmitters
shall exceed twenty (5) feet above the roof ridge line of dwelling, and no separate
towers therefore shall be permitted. Parabolic reflectors (satellite dish antennae)
shall not be permitted unless approved by the Architectural Control Committee
and fully screened from view from the road.
Section 14. Signs. No sign, billboard or other advertising structure or
device shall be displayed to the public view on any lot except that one sign not to
exceed six (6) square feet in area may be place on a lot to offer the property for
sale or rent, and signs used by a builder to advertise the property during the
construction and sales period will be permitted. Political yard signs, not more
than two (2) square feet and of a temporary nature, will be allowed during
campaign periods. The Committee may cause any sign placed on the Properties
in violation of this provision to be removed and destroyed.
5
Section 15. Animals. No animals, except dogs, cats, caged birds, fish in
tanks and,other small household pets will be permitted on any lot. Leashed
animals or animals trained to respond to voice control are permitted within road
right-of-ways. At no time will animals be permitted on road right-of-ways or
other parts of the Properties unattended. Efforts must be made by the person
accompanying animal to exercise "scooping" of animal waste. No animal or pet
shall be allowed to become a nuisance to other property owners. The keeping of
animals and/or pets shall be in compliance with such rules and regulations as
may be promulgated by the Homeowner's Association.
Section 16. Nuisances. No lot shall be used in whole or part of storage of
anything which will cause a lot to appear in an unclean, disorderly or untidy
condition. Boats, trailers, recreation vehicles, and disabled vehicles of any kind
whatsoever shall not be stored upon the property unless within a built-in garage
or screened from view from the road by a fence in conformity with the
Covenants, Conditions and approved in advanced by the Architectural Review
Committee. No noxious activity or thing shall be permitted on any lot which may
be or become a nuisance or unreasonably interfere with the use and enjoyment of
any part of the Properties.
Section 17. Delegation of Use and Bylaws Responsibilities. Any owner
may delegate, in accordance with the Bylaws of Woodbrier Home Owner's
Association, his right of enjoyment of the common area and facilities to the
members of his family, his tenants, or contract purchasers who reside on the
property. In the event that an owner rents or leases his property, a copy of this
Declaration as well as any rules and regulations that may, in time, be adopted by
the Association, shall be made available by said owner to the prospective renter
at the time of commitment to the rental agreement and any such agreement shall
require such tenant or contract purchaser to agree to be bound by the terms
hereof. Each lot owner shall also be responsible for relaying to any guests and
service personnel the contents of this Declaration, as well as any rules and
regulations that may be adopted by the Association, as they may related to
appropriate community behavior.
Section 18. Land Use. No lot shall be used for anything other than
residential purposes except that home occupation may be allowed as permitted
by the Woodbrier Home Owner's Association and applicable ordinances, codes,
laws or regulations, No dwelling shall be erected, altered, place or permitted to
remain on any lot other than one detached single family dwelling not to exceed
three stories in height, inclusive of basement, and a private enclosed car shelter
for not less than two cars. No single structure shall be altered to provide
residence for more than one family.
6
Section 19. Covenants Running with Land. These covenants are to run
with the land and shall be binding on all parties and all persons claiming under
them for a period of thirty (30) years from the date these covenants are recorded,
after which time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by a majority of the then-
owners of the lots has been recorded, agreeing to change said covenants in whole
or in part.
ARTICLE III
MAINTENACE OF EXTERIOR AND GROUNDS
Section 1. Exterior Maintenance by Owner. Each lot shall be
maintained by the owner thereof in a neat, clean and slightly condition at all
times and shall be kept free of accumulation of litter, junk, containers,
equipment, building materials, and other debris. Landscaping shall be kept in a
neat and sightly condition-including mowing, trimming, prunning and other
standard practices. All refuse shall be kept in sanitary containers concealed from
view of any lot, and the containers shall regularly be emptied with the contents
disposed of off the properties. No grass cutting, 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 compose device shall not be
prohibited. No storage of goods, vehicles, boats, trailers, trucks, camper,
recreational vehicles or other equipment or device shall be permitted on open
view from any lot, EXCEPT this shall not exclude temporary (less than twenty-
four (24) hours) parking or storage of vehicles on the lots, but if so stored, they
shall require approval of the Architectural Control Committee. Upon forty-eight
(48) hours notice to the owner of an improperly parked vehicles visible from the
street that is or remains parked on any lot or within the public right-of-way that
could require permanent open storage of vehicles within the driveway of a lot for
a shore term period. Such special situations shall be reviewed by the
Architectural Control Committee and, if approved by the Committee, shall be
excepted from this covenant for the time period approved.
Section 2. Exterior Maintenance by Association. In the event an owner
shall fail to maintain the exterior of the premises and the improvements situated
thereof in a manner consistent with established community standards, the
Architectural Control Committee shall, upon receipt of written complaint by
any owner, have the right through its agents and employees, to enter upon said
parcel and to repair, maintain and restore the lot and the exterior of the
buildings or any other improvements thereon if the owner shall fail to respond
in a manner satisfactory to the Committee within forty-five (45) days after
mailing of adequate notice by certified or registered mail, to the last known
address of the owner. The cost of such repair, maintenance or restoration shall
be assessed against the property, and the Committee 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 law. In the event the estimated
cost of such repair should exceed one-half of one percent (.5%) of the assessed
value of said property and improvements, the Committee shall be required to
have the assent of two-thirds (2/3) of each class of voting membership before
undertaking such repair.
Section 3. Responsibility for Common Maintenance Areas. There exists
certain landscaped areas within the dedicated public right-of-way in the Plat of
Woodbrier that are herein described as Common Maintenance Areas and are
designated for screening and community identification purposes. The
Association shall be responsible for the maintenance of Common Maintenance
Areas. The quality of maintenance shall be equal to or better than standards set
forth in Sec. 1.
Section 4. Common Area/Common Maintenance Area Repair. Any
damage to the Common Area or Common Maintenance Areas or the
improvements thereof, including landscape plantings, fences, beams, etc., by the
property owners or their children shall be repaired by said property owner
within one week or the Architectural Control Committee shall execute said
repair and Owner will immediately remit funds for billing. Unpaid assessment
shall accrue interest at twelve percent (12%) per annum.
Section 5. Maintenance of Landscaping in the Public & Private Right-
of Way. The Association shall be responsible for the maintenance and care of any
and all landscaping within the public right-of-way. The quality of maintenance
shall be equal to, or better than standards set forth in Sec. 1.
Section 6 Maintenance of Storm System. The Association will be
responsible to maintain the Storm System and Detention Vault per city
Standards. The association will maintain the access road to the Storm Vault.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessment shall be
a member of the Association. Membership shall be appurtenant to and may not
be separated from ownership of any lot which is subject to assessment.
Section 2. The Association shall have tow classes of voting
membership:
8
Class A. Class A members shall be all owners, with the exception of the
Declarant, and shall be entitled to one vote for each Lot owned., When more than
one person holds an interest in any Lot, all such persons shall be members, The
vote for such Lot shall be executed as they determine, but in no event shall more
than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant, and shall be
entitled to Three (3) votes for each Lot Owned. The Class B memberships cease
and shall be converted to Class A membership when the total votes outstanding
in the Class A membership equal the total votes outstanding in the Class B
membership.
Section 3. The Association shall have the right to suspend the voting
right of an owner for any period during which any assessments against his lot
remains unpaid; and for a period not the exceed sixty (60) days for any infraction
of its published rules and regulation.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of
Assessments. Each owner of any Lot by acceptance of a deed therefore, whether
or not it shall be so expressed in such deed, is deemed to covenant and agree to
pay to the Association: (1) annual assessments or charges, and (2) special
assessments for capital improvements, such assessments to be established and
collected as hereinafter provided. The annual and special assessments, together
with interest, costs, and reasonable attorney's fees, shall also be the personal
obligation of the person who was the owner of such property at the time when
the assessment fell due and created a lien upon the real properties subject to the
provisions of Section 9 hereof. The personal obligation for delinquent
assessments (as opposed to the lien upon the property, shall not pass to his
successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety
and welfare of the residents in the properties and for the improvement and
maintenance of the Common Areas and Common Maintenance Areas, as
provided in Article III.
Section 3. Maximum Annual Assessment. Until January 1, 2004, the
maximum annual assessment shall be $150.00 of which shall be allocated and
paid to the Declarant for plan management serves provided the Association by
9
Declarant. Such allocation of funds to the Declarant shall cease when the
Association assumes collection, bookkeeping and other management
responsibilities from the Declarant as described in the Bylaws of the Association.
(a) From and after January 1, 2004, the maximum annual assessment may be
increased each year not more than five percent (5%) above the maximum
assessments for the pervious year without a vote of the membership.
(b) From and after January 1, 2004, the maximum annual assessment may be
increased above five percent (5%) by a vote to two-thirds (2/3) of each
class of members who are voting in person or by proxy, at a meeting duly
called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
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 upon the Common Maintenance
Area or any improvements upon the Common Area not prohibited within this
Declaration, including fixtures and personal property related thereto, provided
that any such assessments shall have the assent of two-thirds (2/3) of the votes of
each class of members who are voting in person or by proxy at a meeting duly
called for this purpose.
Section 5. Notice and Quorum for any Action Authorized Under
Sections 3 &4. Written notice of any meeting called for the purpose of taking any
action authorized under Sections 3 & 4 of this Article V shall be sent to all
members not less than thirty (30) days or more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence of members or of
proxies entitled to vote sixty percent (60%) of all votes of each class of
membership shall constituent o quorum. If the required quorum is not present,
another meeting may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting.
Section 6. Date of Commencement of Annual Assessments. Both
annual and special assessments must be fixed at a uniform rate for all lots and
may be collected on a monthly basis.
10
Section 7. Date of Commencement of Annual Assessments: Due Dates.
The annual assessments provided for herein shall commence as to all lots on the
first day of the sixth month following of the filing of the Plat of Newcastle Ridge
The first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors shall fix the amount of the
annual assessment period. Written notice of the annual assessment shall be sent
to every owner subject thereto. The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Association setting forth whether
the assessments on a specified Lot have been paid. A properly executed
certificate of the Association as to the status of assessments regarding a Lot is
binding upon the Association as of the date of its issuance.
Section 8. Effect on Nonpayment of Assessments; Remedies of the
Association. Any assessments not paid within thirty (30) days after the due date
shall bear interest from the due date at the rate of twelve percent (12%) per
annum. The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien against the property.
The owner is responsible for payment of all attorney fees that are incurred with
regard to collection of delinquent assessments. No owner may waive or
otherwise be relieved of liability for the assessments provided for herein by non-
use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgage. The lien of the
assessments provided for herein shall be subordinated to the lien of any first
mortgage or Deed of Trust, as the case may be. Sale or transfer of any Lot shall
not affect the assessment lien; however, the sale or transfer of any Lot pursuant
to the mortgage foreclosure or trustee's sale pursuant tot the terms of the first
Deed of Trust, or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which become due prior to such sale or transfer. The
first mortgage holder of the purchaser of the property at a trustee's sale or the
holder of the deed in lieu of foreclosure shall hence forth be responsible as an
owner for assessments coming due on the first day of the month following
coming into title. Should assessments be made upon an annual basis and be
made prior to the first day of the month following ownership, the new owner
shall be responsible for a monthly prorated portion of said annual assessments.
Section 10. Exempt Property. All property dedicated to, and accepted
by, local public authority shall be exempt from the assessments created herein,
except no land or improvements devoted to dwelling use shall be exempt from
said assessments.
11
•
Section 11. Insurance Lots. The Association shall have no obligation to
pay any insurance on the Lots or the structures thereon except as expressly
provided herein.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 1. There is hereby designated and appointed an Architectural
Control committee consisting of two (2) members (hereafter called the
"Committee"). Initial members of the Committee shall be Shelley Thimgan and
William Thimgan. A member of the Committee may be removed by the board
upon a vote of three members of the Board, except the initial Architectural
Control Committee shall remain in office as provided in the unnumbered
paragraph following. Shall a member of a committee or the Board resign, die or
be unable to serve, a successor may be appointed by a unanimous vote of the
remaining Board members for the balance of the unexpired term. The committee
may unanimously designate one or more if its members or third party to act for
and on behalf of the Committee with respect to both ministerial matters and the
exercise of judgements vest in the Committee, subject to review by the
Committee at the request of any member thereof. The address of the Committee
shall be the registered office of the Association. In the event the Committee does
not have more than three (3) members, action by the Committee must be
unanimous approval of all members of the Committee. In the event the
Committee has there (3) or more members, a majority of the entire committee is
required for a decision of the Committee. No member of the Committee shall be
entitled to any compensation for services performed on Declaration and shall
have no financial obligation of any kind based upon his/her actions as a member
of the Committee.
The initial Architectural Control Committee shall remain on office until, at the
Committee's option, 75% of all lots have been constructed upon and/or
developer and/or owner have sold their interest in all lots in the development.
At this time, the Committee shall notify the various owners of lots that it is
relinquishing its duties in all respects. The elected Board of Directors shall
appoint an Architectural Control Committee that shall assume the
responsibilities and duties described herein. In the event that the initial Board of
directors has not been replaced by an elected Board, an election of a new Board
of Directors shall be held as provided in the Bylaws of the Association and the
newly elected Board shall appoint an Architectural Control Committee. The
newly appointed Committee shall not have architectural control of any lots that
remain in the ownership of the Declarant.
12
Section 2. All buildings and improvements on a lot shall be a
permanent construction and no temporary structure, trailer, ten, garage,
outbuilding or other similar device shall be placed on any Lot except with
permission of the Committee. No building, fence, wall or other exterior structure
shall be commenced, erected, or maintained upon the Properties, nor shall any
exterior addition to, or change or alteration therein, be made until the plans and
specifications showing the nature, kind, shape, height, materials, and location of
the same shall have been submitted to and approved in writing by the
Committee as to harmony of external design and location in relation to
surrounding structures and topography provided, however, cedar fencing may
be installed in a workman-like manner as allowed in Article II,Section 8 hereof.
Section 3. 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 consisting of six (6) sets of 8-1/2 by 11 inch copies, and each shall be
signed by the owner of the Lot or his authorized agent and shall contain the
name and address of the person submitting the same and the Lot to be involved,
and shall set forth the following with respect to the proposed structure: (a) plot
plan; (b) floor plans; (c) front and rear elevations; (d) outline specifications; (e)
legal descriptions and addresses for each lot; (f) the builder's name, phone
number, and contact person; (g) such other information as may be required to
determine whether such structure conforms with these Restrictions, and the
standards set forth by the Architectural Control Committee. Exception: During
the initial construction phase when Declarant is also acting as builder, informal
verbal approval shall be acceptable.
Section 4. 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 Subdivision, which authority shall
include but not be limited to the height, configuration, design and appearance of
the dwelling and fences, walls, outbuildings, pools, and other structures
appurtenant to the use of a dwelling.
As to all improvements, construction and alteration, the Committee shall have
the right to refuse to approve any design, plan or color. The Committee shall
have the right to take into consideration the suitability of the proposed building
or structure and the material of which it is to be built and the exterior color
scheme, to the site on which it is proposed to erect the same, the harmony thereof
with the surroundings, and the effect of the building or structure or alterations
therein as planned on the outlook of the adjacent or neighboring property and
any and all other factors which, in the committee's opinion, shall affect the
13
desirability or suitability of such proposed structure, improvement or alteration.
Such determination may be amended and shall be binding on all persons.
Section 5. Approval or Disapproval. Within thirty (30) days after the
receipt of plans and specifications, the Committee shall approve and disapprove
such plans and specifications which in its opinion do not conform to these
restrictions or its aesthetic standards. Approval or disapproval shall be made
upon one of the plans specifications. In the event that no approval or disapproval
of such plans and specifications is given within thirty (30) days of submission in
compliance herewith, copies of such plans and specifications shall be delivered
to the Owner of each adjacent Lot within the Properties together with a
statement to the effect that (1) the said plans and specifications have been
submitted to the Committee; that (2) thirty (30) days have expired since the date
of said submission and that (3) unless suit to enjoin the construction pursuant to
the submitted plans and specifications is commenced within ten (10) days after
the receipt of the delivered copies, construction will begin pursuant to said plans
and specifications. If no suit to enjoin the constructions is commenced within ten
P l
(10) days of delivery of copies submitted plans, specifications and statement
detailing above described items, said plan and specifications shall be deemed to
be approved by the Architectural Control Committee and construction pursuant
to said plans may be commenced. No Owner shall be enjoined or subjected to
other equitable relief or be required to respond in damages to any other Owner
or Owners for any action taken of construction commenced or completed with
the approval of the Committee or subsequent to notice as herein provided.
In all cases, the ultimate responsibility for satisfying all local governmental
building codes and requirements, etc., rests with the homeowner or builder. The
Architectural Control Committee shall be held harmless from building
requirements not complied with.
Section 6. Advisors. The Committee may appoint advisors from time
to time to advise on matter pertaining to the properties. No person on the
Committee or acting or it shall be responsible 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 7. 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 by shall be in furtherance of the
purposes and intent of these restrictions.
14
• , •
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the
right to enforce, by any proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Any disputes under this Declaration shall be
controlled under Washington State Law. In any judicial action to enforce the
contents of this Declaration, the losing party shall pay the prevailing party's
attorney and consultant fees and costs, including those incurred in connection
with any appeal. Failure by the Association or by any Owner to enforce any
convenant or restrictions herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or
restrictions by judgement or court order shall in now way affect and other
provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant and Owners
herein, have hereunto set their hands and seals this 3,7 day of
j e , 2003
BY:(4A4 "V
p,___
BY:
15
•
•
(STATE OF WASHINGTON)
COUNTY OF KING
On this Zi day of 4, - ---0 t— , 2003 before me, the
undersigned,,�{ a Notary Public, personally appeared
»1I- i1J� �-k_ , to me know to the of said
corporation that executed the within 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 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 above
written.
‘v� 'U,,,,
,••`0..LE L 4 it/
�• .0SIo:JF+y sf�.-
o
_No1'7R� T ,Ie in and for the State of Washington, residing at
• v o3 B' ' :• d . L 604 . M commission expires
•, Boa ,• a-?
`VVq eW0%
16
J /
•
Exhibit A
"Common Maintenance Areas" Defined.
I. Areas:
A) Storm system,storm detention vault, access road
B) "Common areas' and "Common Maintenance areas" as defined in
sections 4 and 5.
17