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RC 20030204002144
j e _ * • f 1111 ` E 11 ii i1i � f Return Address: CityClerk's ss: 20030204002144 CITY OF RENTON DPC 49 00 Cityof Renton PAGE 001 OF 031 -'02/04/2003 14 54 $ 1055 S. Grady Way KING COUNTY, UA Renton WA 98055 Please print or type information 0 Document Title(s): D ldrat-ion and Gnvena4s, Condch,'ons and Restriehins far he Plat of Vaal- 0 e,Bar© Reference Number(s)of Documents assigned or released: j„• [on page of document(s)] nG4 • Grantor(s)(Last name first,then first name and initials): 1. Spethlued Hopes,Lit,a Wi/4shlkItor) lilted(.abiii)y e y (-N1) 4. D Additional names on page of document y Grantee(s)(fact name first,then first name and initials): 1.t teowners i) tau Pia ,Y;t3ar 2. 3. 4. ❑ Additional names on page of document Legal Description (abbreviated: i.e.lot,block,plator section,township,range): Lots 1 ihr gIi i'/ and frac t"A, atcordEns4 j At Pled-Jlitre )'eterdidih Volume...._.__ c Pages #hraugh : KTg etitntr, ❑ Additional legal is on page of document • • Assessor's Property Tax Parcel/Account Number; 331/ 1Q-Ute$-o .- . . . .- .• U Additional legal is on page of document • 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 indexif information provided herein. • • RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: Scott W.MacCormack Heller Ehrman White&McAuliffe LLP 6100 Bank America Tower 701 Fifth Avenue Seattle, Washington 98104-7098 • DECLARATION AND COVENANTS,CONDITIONS AND RESTRICTIONS FOR THE PLAT OF DEBAR Grantor: SPECIALIZED HOMES, L.L.C., a Washington limited liability company • Grantee: Homeowners in the Plat of DEBAR Legal Description: Lots 1 through 14, and Tract A, according to the Plat thereof,Recorded in Volume of Plats, Pages_ through ,King County, Washington,. Assessor's Tax Parcel No: Tax Parcel No. for the entire plat prior to segregation of taxes to individual lots: 334510-0008-08 Reference Nos. of Document Released/Assigned/Amended: NA (242393_2.DOC) ' 01/27/03 9:54 AM i t . • TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 1 1.1 Words Defined 1 1.2 Form of Words 3 ARTICLE 2 PLAN OF DEVELOPMENT 3 2.1 Development of Property 3 2.2 Interest Subject to Plan of Development 3 ARTICLE 3 COMMON AREAS 4 3.1 "Common Areas" and"Common Area Improvements" 4 3.2 Conveyance of Common Area. 4 3.3 Association to Maintain Common Areas 4 3.4 Alteration of Common Areas 4 3.5 Public Areas 4 ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS 4 4.1 Private Easements 4 4.2 Other Easements 5 ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 6 5.1 Permitted Structures 6 5.2 Uniformity of Use and Appearance 7 5.3 Submission of Plans 7 5.4 Construction 7 .5.5 Minimum Size 8 5.6 Building Laws 8 5.7 Use Restrictions 8 5.8 Variances 12 ARTICLE 6 DEBAR HOME OWNERS ASSOCIATION 12 6.1 Organization 12 6.2 Board of Directors 13 6.3 Qualification for Membership 13 6.4 Transfer of Membership 13 6.5 Number of Votes 13 6.6 Voting 13 i .. t 6.7 Pledged Votes 13 6.8 Annual and Special Meetings 14 6.9 Books and Records 14 6.10 Transition Date 14 ARTICLE 7 NOTICES FOR ALL PURPOSES 15 ARTICLE 8 AUTHORITY OF THE BOARD 15 8.1 Adoption of Rules and Regulations 15 8.2 Enforcement of Declaration,Etc. 15 8.3 Goods and Services 15 8.4 Protection of Common Areas 16 ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES 16 9.1 Fiscal Year; Preparation of Budget 16 9.2 Certificate of Unpaid Assessments 16 9.3 Date of Commencement of Annual Assessments 17 ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 17 10.1 Assessments Are a Lien; Priority 17 10.2 Lien May Be Foreclosed 17 10.3 Assessments Are Personal Obligations 17 10.4 Late Charges and Interest on Delinquent Assessments 18 10.5 Recovery of Attorneys' Fees and Costs 18 10.6 Remedies Cumulative 18 ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER 18 ARTICLE 12 LIMITATION OF LIABILITY 18 ARTICLE 13 INDEMNIFICATION 19 ARTICLE 14 INSURANCE 19 ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY 19 ARTICLE 16 AMENDMENTS OF DECLARATION 20 16.1 Amendments of Declarant 20 16.2 Amendments by Association 20 16.3 Amendments to Article 3 21 ii • g ARTICLE 17 ANNEXATION AND SUBDIVISION 21 ARTICLE 18 DURATION 21 ARTICLE 19 SEVERABILITY 21 ARTICLE 20 EFFECTIVE DATE 22 ARTICLE 21 ASSIGNMENT BY DECLARANT 22 iii • DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF DEBAR COMMONLY KNOWN AS WOODHAVEN THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PLAT OF DEBAR, COMMONLY KNOWN AS WOODHAVEN, dated as of , 2003, is made by SPECIALIZED HOMES,L.L.C., a Washington limited liability company("Declarant"),with reference to the following lots: Declarant is the owner of certain real property commonly known as Lot 1,City of Renton Lot Line Adjustment Number LUA-01-062-LLA,recorded April 24,2002 under King County recording no. 20020424900007, located within the City of Renton, King County,Washington, and officially known as the Plat of DEBAR, recorded in Volume of Plats,Pages_through _,in King County, Washington(the"Property"). The Property consists of Lots 1 through 14,and Tract A, of the Plat of DEBAR, legally described in Exhibit A hereto and depicted in the final plat(the"Plat")recorded ,2003, in Volume of Plats,pages_through_inclusive,King County, Washington, under King County Auditor's No. 2003 Declarant makes this Declaration, and subjects the Property to this Declaration,to create a home owners association,to provide for the ownership,maintenance and preservation of the common areas, the common area improvements and the private easements, and to address other matters related to ownership of the Property. NOW, THEREFORE,Declarant declares that all of the Property described in Exhibit A shall be held,transferred, sold, conveyed, leased,used and occupied subject to the covenants, conditions and restrictions hereinafter set forth which are for the purpose of protecting the value and desirability of, and which shall touch,concern and run with title to,the real property subjected to this Declaration and which shall be binding on all parties having any right,title or interest in the described property or any portion thereof, and their respective heirs, successors and assigns, and shall inure to the benefit of each owner thereof. . ARTICLE 1 DEFINITIONS 1.1 Words Defined For the purposes of this Declaration and any amendments hereto, the following terms shall have the following meanings and all definitions shall be applicable to the singular and plural forms of such terms: • • • a) "Association" shall mean the Woodhaven Home Owners Association described in Article 6 of this Declaration, its successors and assigns. b) "Board" shall mean the board of directors of the Association. c) "Common Area" and "Common Area Improvements" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas may include parks,open space,private storm drainage easements, sidewalks, street trees and street lighting, if any,planted landscape features,water fountains, signage and any other areas owned by the Association and designated as Common Areas by Declarant. The Common Areas to be owned by the Association at the time of conveyance of the first Lot to an Owner other than Declarant are described herein and depicted on the Plat. d) "Construction" and "Constructed" shall mean any construction,reconstruction, erection or alteration of an improvement on a Lot,except wholly interior alterations to a then- existing Structure. e) "Declarant" shall have the meaning given to that term in the first paragraph above. f) "Declaration" shall mean this Declaration and Covenants, Conditions and Restrictions for the Plat of DEBAR,as it may be amended from time to time. g) "First Mortgage" and "First Mortgagee" shall mean,respectively: (a) a recorded Mortgage on a Lot that has legal priority over all other Mortgages thereon; and(b)the holder of a first mortgage. For purposes of determining the percentage of First Mortgagees approving a proposed decision or course of action in cases where a Mortgagee holds First Mortgages on more than one Lot, such Mortgagee shall be deemed a separate Mortgagee for each such First Mortgage so held. h) "Lot" shall mean any one of Lots 1 through 14 as shown in the Plat,together with the structures and improvements, if any,thereon. i) "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. j) "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. k) "Owner" shall mean the record owner,whether one or more Persons, of fee simple title to a Lot, including a contract seller except those having such interest merely for the performance of an obligation. 2 • • • • 1) "Person" shall mean an individual, corporation,partnership, association,trust or other legal entity. m) "Plans" shall have the meaning given to such term in Section 5.3. n) "Plat" shall mean the final plat recorded , 2003,in Volume of Plats, pages_through_inclusive,King County, Washington, under King County Recording No. • 2003 o) "Private Easements" shall mean the private drainage easements described in the Plat and further described in Article 4,not dedicated to the public. p) "Property" shall mean the land described on Exhibit A,together with all improvements thereon. q) "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, deck, swimming pool or the like constructed on a Lot. r) "Transition Date" shall have the meaning given to such term in Section 6.10. 1.2 Form of Words The singular form of words shall include the plural and the plural shall include the singular. Masculine, feminine and neuter pronouns shall be used interchangeably. ARTICLE 2 PLAN OF DEVELOPMENT 2.1 Development of Property One (1) single-family residence may be constructed on each of the Lots. The Property also includes a parcel of land designated on the Plat as Tract A, and which is designated as an open space and infiltration tract on the Plat. All Lots are hereby restricted exclusively to single- family residential use and shall be subject to the standards and restrictions set forth in Article 5 hereof. Declarant shall have the right,but not the obligation, for so long as Declarant owns any Lot and Tract A, to make improvements and changes to the private easements described on the Plat for: (i)the installation and maintenance of any improvements; and(ii)the installation and maintenance of any other utilities systems and facilities. 2.2 Interest Subject to Plan of Development Every purchaser of a Lot within the Property shall purchase such interest and every Mortgagee and lien holder holding an interest therein shall take title,or hold such security interest with respect thereto,with notice of Declarant's plan of development as herein set forth. 3 Any provision of this Declaration to the contrary notwithstanding,the provisions of the foregoing plan of development as set forth in this Article 2 may not be abrogated,modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Declarant or its successors and assigns as defined in Articles 6 and 21 of this Declaration. ARTICLE 3 COMMON AREAS 3.1 "Common Areas" and "Common Area Improvements" "Common Areas"and"Common Area Improvements"include specifically, Tract A as depicted in the Plat and identified as an open space and infiltration tract, and any street trees and planter islands. Common Areas, except Tract A, shall be owned by the Association. 3.2 Ownership of Tract A Lots 1 through 14 shall have an equal and undivided ownership interest in Tract A. All necessary maintenance activities for Tract A, excluding those for the private storm drainage easements defined in Article 4 herein,will be the responsibility of the Association. 3.3 Association to Maintain Common Areas The Association shall have the right and the obligation to maintain and repair the Common Areas, except as set forth herein or on the Plat. 3.4 Alteration of Common Areas Nothing shall be altered or constructed upon or removed from the Common Areas, except upon the prior written consent of the Board. Specifically with respect to Tract A,the Association may install landscaping and may also maintain the infiltration facilities within this tract. The right of entry to effect such rights shall apply to the agents, representatives and employees of the Association or subsequent owners of Tract A. The Association shall be responsible for the cost of maintenance,repair,and reconstruction of all improvements within this tract. .3.5 Public Areas Any public areas and dedicated areas within the Property shall be subject to all ordinances, rules and regulations of the appropriate governmental agencies with jurisdiction. ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS 4.1 Private Easements All the private easements shown on the Plat and described below, shall be owned, operated and maintained by the Association. a) Private Storm Drainage Easement over Tract A,Lot 2 and Lot 3 4 • • • t The 5-foot private storm drainage easement established by and delineated in the Plat over the Northerly portions of Tract A,Lot 2, and Lot 3 is for the benefit of lots 2, 3, and 4 only. The owners of Lots 2, 3 and 4 shall be equally responsible for the cost of maintenance,repair and reconstruction of that portion of the storm drainage system used in common. b) Private Storm Drainage Easement over Lots 6 through 9 The 5-foot private storm drainage easement established by and delineated in the Plat over the Southerly portions of Lots 6 through 9 is for the benefit of lots 5 through 9 only. The owners of Lots 5 through 9 shall be equally responsible for the cost of maintenance,repair and reconstruction of that portion of the storm drainage system used in common. c) Private Storm Drainage Easement over Lots 10 and 11 The 5-foot private storm drainage easement established by and delineated in the Plat over the Southerly portions of Lots 10 and 11 is for the benefit of lots 10 through 12 only. The owners of Lots 10 through 12 shall be equally responsible for the cost of maintenance,repair and reconstruction of that portion of the storm drainage system used in common. d) Private Storm Drainage Easement over Lot 13 The 5-foot private storm drainage easement established by and delineated in the Plat over the Easterly portion of Lot 13 is for the benefit of lots 13 and 14 only. The owners of Lots 13 and 14 shall be equally responsible for the cost of maintenance,repair and reconstruction of that portion of the storm drainage system used in common. 4.2 Other Easements a) Utility Easements Various easements are reserved under and across the exterior ten feet parallel with and adjoining the public street frontage of all Lots and Tract A, as described and delineated on the Plat and applicable laws, ordinances and other governmental rule and regulations for utility installation and maintenance, including but not limited to,water system, storm drainage system, sanitary sewer system, conduits, cable ,pipeline and wires with necessary appurtenances, facilities and other equipment for the purpose of service to the Plat and other property with electric,telephone, gas, and cable TV service,together with the right to enter upon the easements at all times to install, operate and maintain such facilities. b) Public Drainage Easement The Plat delineates a public drainage easement, 10 feet in width across the Northerly portion of Tract A,the Westerly and Southerly portion of Lot 1,the Northerly portions of Lots 2, 3 and 4,the Southerly portions of Lots 5 through 11,the Easterly portion of Lots 12 and'13 and the Easterly and Southerly portions of Lot 14. c) City of Renton Utility Easement 5 • • • The Plat delineates a utility easement, 10 feet in width across the Northerly portion of Tract A,the Westerly and Southerly portion of Lot 1,the Northerly portions of Lots 2, 3 and 4, the Southerly portions of Lots 5 through 11,the Easterly portion of Lots 12 and 13 and the Easterly and Southerly portions of Lot 14. d) Sidewalk Easement The Plat dedicates and conveys to the City of Renton, its successors and assigns, an easement under and across the exterior two feet parallel with and adjoining the public street frontage of Tract A and Lots 1,2, and 8 through 14 for the installation and construction of sidewalks,together with the right to enter upon the easements at all times for the purposes stated. No structures shall be constructed within these easements. e) Native Growth Protection Easement The Plat identifies the steep slopes on the Plat subject to The Native Growth Protection Easement("NGPE"). The creation of the NGPE conveys to the public a beneficial interest in the land within the easement area. This interest shall be for the purpose of preserving native vegetation for the control of surface water and erosion,maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the easement area enforceable on behalf of the Public by the City of Renton, to leave undisturbed all trees and other vegetation within the easement area. The vegetation within the NGPE may not be cut,pruned, covered by fill, removed or damaged without express written permission from the City of Renton,provided however,that the owners of underlying property may install landscaping. The right of entry granted herein shall apply to the agents, representatives and employees of the owners or subsequent owners of the underlying property. 1) Monument and Utility Easement Within Lot 1 The Plat delineates a monument and utility easement within Lot 1 granted to the Association with the recording of the Plat. The Association is responsible for the construction, maintenance,repair and reconstruction of this monument and utilities, if any, servicing this monument together with the right of access to all the land included within this easement for the purpose of constructing, maintaining, repairing and reconstructing said monument and utilities. ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 5.1 Permitted Structures No Structure of any kind shall be constructed, altered, added to or maintained upon any Lot or any other part of the Property, except: (a) improvements or structures which are constructed by Declarant or its agents or assigns; (b) such structures as are approved by the 6 • • Board in accordance with this Article 5; or(c)structures which pursuant to this Article 5 do not require consent of the Board. 5.2 Uniformity of Use and Appearance One of the purposes of this Declaration is to assure throughout the Property a uniformity of use and quality of: (i)workmanship; (ii)materials; (iii)design; (iv)maintenance; and(v) location of structures with respect to topography and finish grade elevation. It is in the best interests of each Owner that such uniformity of use and quality be maintained as hereinafter provided. No building (except for accessory structures)shall be erected, altered,placed or permitted to remain on any Lot other than one single family dwelling. Accessory structures, including storage buildings, are permitted to the extent allowed by the requirements of this Article 5. Notwithstanding anything herein set forth,the Construction of any Structure shall comply with the more restrictive of either(i)the terms and conditions of this Declaration or(ii) the laws, codes, ordinances and regulations of any governmental entity having jurisdiction. 5.3 Submission of Plans At least twenty(20)days before commencing Construction of any Structure on any Lot, the Owner shall submit to the Board two (2) complete sets of detailed building, surface water run-off control and landscaping plans and specifications and a site plan showing the location of all proposed Structures(the plans, specifications and site plans are individually and collectively referred to herein as the"Plans"). The Plans shall be submitted in a form satisfactory to the Board,which may withhold its approval by reason of its reasonable dissatisfaction with the location of the Structure on the Lot, color scheme, finish, architecture,height impact on view from another Lot or Lots, appropriateness of the proposed Structure,materials used therein,or because of its reasonable dissatisfaction with any other matter which, in the reasonable judgment of the Board,would render the proposed Structure out of harmony with the general plan of development of the Property or other Structures nearby. The Board's approval or disapproval of Plans shall be in writing and approval shall be evidenced by written endorsement on such Plans, one copy of which shall be delivered to the Owner of the Lot upon which the Structure is to be Constructed. In any judicial action to enforce the Board's decision the losing party shall pay the prevailing party's attorney's fees and costs including those incurred in connection with any appeal. 5.4 Construction No Structure shall be Constructed or caused to be Constructed on any Lot unless the Plans for the Structure, including landscaping, have been approved in writing by the Board. The Board's review and approval or disapproval of the Plans on the basis of cost, aesthetic design, harmony with previously approved Structures on or about other Lots in the Property, location,or consistency with this Declaration shall be absolute and enforceable in any court of competent jurisdiction. THE BOARD'S APPROVAL OF ANY PLANS, HOWEVER, SHALL NOT CONSTITUTE ANY WARRANTY OR REPRESENTATION WHATSOEVER BY THE BOARD OR ANY OF ITS MEMBERS THAT SUCH PLANS WERE EXAMINED OR 7 • APPROVED FOR ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES AND REGULATIONS,AND EACH OWNER HEREBY RELEASES ANY AND ALL CLAIMS OR POSSIBLE CLAIMS AGAINST THE BOARD OR ANY OF THEM,AND THEIR HEIRS, SUCCESSORS AND ASSIGNS, OF ANY NATURE WHATSOEVER, BASED UPON ENGINEERING OR STRUCTURAL INTEGRITY OR SUFFICIENCY OR COMPLIANCE WITH APPLICABLE GOVERNMENTAL LAWS, CODES, ORDINANCES • OR REGULATIONS. 5.5 Minimum Size a) Floor Area The floor area of the main house constructed on any Lot, exclusive of open porches and garages, shall be not less than: (a)2,400 square feet for a dwelling containing a single level; and (b)2,400 square feet for a dwelling containing two levels. The Board shall have the discretion to reduce minimum floor area requirements upon a showing of topographical or other physical constraints which limit buildable area. b) Lot Size No Lot or portion of a Lot in this Plat shall be divided and sold or resold, or ownership changed or transferred,whereby the ownership of any portion of this Plat shall be less than the area required for the use district in which the Lot is located. 5.6 Building Laws All buildings or Structures shall be constructed in accordance with all applicable laws and regulations of King County,Washington,the City of Renton, Washington, and any other applicable codes. 5.7 Use Restrictions a) Residential Use The dwellings within the Structures are intended for, and restricted to,use as single family residences only,on an ownership, rental or lease basis, and for social,recreational or other reasonable activities normally incident to such use. The dwellings may also be used for home business activities that do not involve signs,retail sales,frequent visits by customers, clients or non-resident employees, or other activities that would detract from the residential character of the Property. In addition to the foregoing,Declarant may use dwellings it owns as sales offices and models for sales of other Lots. b) Maintenance of Buildings and Lots 8 • • Each Owner shall, at the Owner's sole expense,keep the interior and exterior of the Structure on the Owner's Lot, as well as the Lot, in a clean and sanitary condition, free of rodents and pests, and in good order, condition and repair, and shall do all redecorating,painting, landscaping and maintenance at any time necessary to maintain the appearance and condition of the Structure and the Lot. c) Completion of Construction Any Structure erected or placed on any Lot shall be completed as to external appearance within nine(9)months from the date Construction is started. However,with good cause shown, the Board may extend this term. All yards and landscaping must be completed no later than thirty(30)days after the date of occupancy of the Structure. However,with good cause shown, the Board may extend this term. All Lots shall be maintained in a neat and orderly condition during Construction. d) Parkin No trucks, campers,trailers,boats,motorcycles or other vehicles or any part thereof shall be parked or permitted to remain on any Lot,unless the same is stored in a garage. e) Signs No sign of any kind shall be displayed to public view on or from any Lot without the prior written consent of the Board, except for"For Rent"or"For Sale"signs in a form, and for a period of time,not prohibited by any rules and regulations of the Board. This Section shall not apply to the Declarant. f) Animals Animals, including horses, livestock,poultry,reptiles and pigs, shall not be kept on any Lot,except that household pets not exceeding three(3)in number may be kept on a Lot. All animal enclosures must be kept in a clean,neat and odor-free condition at all times. All animals must be kept outside of the building setback areas. The Board may at any time require the removal of any pet which it finds is disturbing other Owners or tenants unreasonably, in the Board's determination, and may exercise this authority for specific pets even though other pets are permitted to remain. Notwithstanding anything set forth herein, all Owners shall comply with all applicable governmental laws,codes,ordinances and regulations pertaining to animals. g) Temporary Structures No Structure of a temporary character,trailer,tent, shack;garage, barn or other outbuilding shall be installed,placed or used on any Lot as a residence,either temporarily or permanently. h) Clothes Lines 9 • No washing, rugs, clothing, apparel or any other article shall be hung from the exterior of any Structure or on a Lot so as to be visible from the streets and roadways adjoining the Lots. i) Radio and Television Aerials Normal and customary television antennas,radio aerial and satellite receiving dishes of less than 20 inches in diameter, in all cases designed for residential neighborhood use, shall be allowed to be erected or placed on any Lot so long as no part of such equipment is more than six (6)feet in height above the highest point(exclusive of chimneys) on the Structure upon which it is erected. No rotary beams, separate towers or other similar devices shall be Constructed on any Lot without the written approval of the Board. Except as installed by Declarant,no other satellite receiving dishes or other such electronic receiving devices shall be located on any Lot in a location that is visible from the adjoining homes,without the prior written approval of the Board. j) Trash Containers and Debris All trash shall be placed in sanitary containers either buried or screened so as not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from landscaping work or Construction shall not be dumped onto adjoining Lots or streets or roadways. Compost piles may be kept upon the Lots provided they are kept in a clean, neat and sanitary condition and comply with any rules and regulations of the Board. k) Offensive Activity Except as otherwise provided in Section 5.7(a),no trade, craft, business,profession, commercial or manufacturing enterprise or business or commercial activity of any kind, including day schools, nurseries or church schools, shall be conducted or permitted on any Lot, nor shall goods, equipment,vehicles or materials used in connection therewith,be kept,parked, stored,dismantled or repaired outside of any Lot or on any street within the Property. No noxious or offensive activity, including but not limited to the creation of excess levels of noise, shall be carried on in any Lot,nor shall anything be done therein which may be or become an annoyance or nuisance to other Owners or tenants. 1) Setbacks All Structures shall comply with all applicable governmental laws, codes,ordinances and regulations pertaining to setbacks. No building foundations are allowed beyond the required setback line unless otherwise provided for by law. m) Fences No fence shall be constructed on any Lot without the prior written approval of the Board, which approval may be granted or denied in the Board's sole discretion. All fences shall be 1"x 4"cedar construction or better and shall otherwise be constructed in a good and workmanlike 10 • •. manner, shall be artistic in design and shall not detract from the appearance of any adjacent Structures. Attached hereto as Exhibit B is a Board-approved fence detail. In addition,the finished wood side of the fence shall face the adjacent Lot(s). No fence shall exceed six(6) feet in height. No fence shall be allowed within the front yard setback. All fences shall be set back at least ten(10)feet from the front elevation of the residence as well as the front elevation of the garage and any portion thereof. No fences shall be erected over,upon or within the easement areas provided for in the Plat. n) Underground Utilities All utility lines or wires located outside a dwelling unit shall be in conduits attached to such units or underground. o) Drainage All building downspouts, footing drains and drains from all impervious surfaces, including without limitation,patios and driveways, shall be connected to the approved permanent storm drain outlet as shown on the approved construction drawings on file with Renton Development Services Division. This plan will be submitted with the application of any building permit. All constructions of drains must be constructed and approved prior to final building inspection approval. Absolutely no dumping of any pollutants into the storm sewer systems shall be permitted. p) Damage Any damage to streets, Plat improvements, entry structures, fences, landscaping, mailboxes, lights and lighting standards by Owners,their guests, invitees, licensees,contractors, agents or service personnel shall be repaired by such Owner within twelve (12)days from the occurrence of such damage. q) Driveways All driveways shall be concrete,or other Board approved material, from the edge of the paved street to connect with the paved surface of the floor of the garage. r) Landscaping (i) Front Yards All front yards of Lots shall be landscaped primarily with grass sod from the edge of the right-of-way to within ten(10)feet of the residence; provided,however,that within such front yard areas may be located flower beds,paths and patio areas. 11 • • • • (ii) Back Yards All back yards of Lots shall be landscaped which shall include, at a minimum, a hydro seeded lawn and bark or other similar material covering exposed soil. All landscaping shall be.completed no later than thirty (30) days after the date of occupancy of the Structure on the Lot. s) Mailboxes All mailboxes must be of a standard accepted by the U.S. Postal Authorities and must be located in those areas so designed by the U.S. Postal Department and the Board. Structures containing mailboxes must be approved by the Board. t) Compliance with Laws This Plat is subject to the requirement of the City of Renton's Ordinance No. 4367, as amended by Ordinance No. 4740 regarding the exercise of extreme care,when handling any liquid other than water,to prevent contact of such liquid with the ground surface in order to protect the City's drinking water. Notwithstanding anything to the contrary set forth herein,each owner and the Association shall comply with the more restrictive of either(a)the terms and conditions of this Declaration, or(b)the laws, codes,ordinances and regulations of any governmental entity having jurisdiction. 5.8 Variances The Board shall be empowered to grant variances with respect to the use restrictions contained herein,provided that such variances shall not violate any applicable laws,codes, • ordinances and regulations of any governmental entity having jurisdiction, shall not be granted on an arbitrary basis, and shall not unfairly discriminate between Owners. ARTICLE 6 WOODHAVEN HOME OWNERS ASSOCIATION 6.1 Organization The Woodhaven Home Owners Association is an unincorporated association of all Owners. Attached hereto as Exhibit C are the initial Articles of Organization for the Association. It is contemplated that the Board may file articles of incorporation after the date hereof in order to incorporate the Association under the laws of the state of Washington relating to nonprofit corporations, as and when the Board determines that such action should be pursued. Attached hereto as Exhibit D are the initial Bylaws of the Association. The bylaws,together with the articles and this Declaration, shall govern the affairs of the Association. 12 6.2 Board of Directors The affairs of the Association shall be governed by a Board of Directors (the"Board") which shall be composed of one or more members,to be determined in the reasonable discretion of the Association. The Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the Transition Date as defined in Section 6.10. Subject to any specific requirements hereof,the Board shall have authority to establish operating rules and procedures. In the event of death or resignation of any member or members of the Board,the remaining member or members, if any, shall have full authority to appoint a successor member or members. Members of the Board shall not be entitled to any compensation for services performed pursuant to this Declaration. 6.3 Qualification for Membership Each fee owner of a Lot(including Declarant) shall be a member of the Association and shall be entitled to one membership and one vote for each Lot owned, provided,that if a Lot has been sold on contract,the contract purchaser shall exercise the rights of an Owner for purposes .of the Association and this Declaration, except as hereinafter limited, and shall be the voting representative unless otherwise specified. Ownership of a Lot shall be the sole qualification for membership in the Association. 6.4 Transfer of Membership The Association membership of each Owner(including Declarant) shall be appurtenant to the Lot giving rise to such membership,and shall not be assigned,transferred,pledged, hypothecated,conveyed or alienated in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner. 6.5 Number of Votes The total voting power of the Association at any given time shall equal the number of Lots included within the Property at that time. The Owner or Owners of each Lot within the Property shall be entitled to one vote. If a Person(including Declarant)owns more than one Lot, he or she shall have the votes appertaining to each Lot owned. 6.6 Votin If a Lot is owned by husband and wife and only one of them is at a meeting,the one who is present will represent the marital community. The vote for a Lot must be cast as a single vote, and fractional votes shall not be allowed. If joint Owners are unable to agree among themselves • how their vote shall be cast,they shall lose their right to vote on the matter in question. 6.7 Pledged Votes 13 An Owner may,but shall not be obligated to,pledge his vote on all issues or on certain specific issues to a Mortgagee; provided, however, that if an Owner is in default under a Mortgage on his Lot for ninety (90)consecutive days or more,the Owner's Mortgagee shall automatically be authorized to declare at any time thereafter that such Owner has pledged his vote to the Mortgagee on all issues arising after such declaration and during the continuance of the default. If the Board has been notified of any such pledge to a Mortgagee, only the vote of the Mortgagee will be recognized on the issues that are subject to the pledge. 6.8 Annual and Special Meetings Within the period commencing thirty (30) days before the Transition Date and ending thirty(30) days after the Transition Date,there shall be a meeting of the members of the Association and thereafter there shall be an annual meeting of the members of the Association in the first quarter of each fiscal year at such reasonable place and time as may be designated by written notice from the Board delivered to the Owners no less than thirty (30)days before the meeting. At the first such meeting, and at each annual meeting thereafter,the Owners shall elect by majority vote individuals to serve as Board members until a successor is elected at the next annual meeting. Each Lot shall be entitled to one vote for each director and the voting for directors shall be noncumulative. The financial statement for the preceding fiscal year(if any) and the budget the Board has adopted for the pending fiscal year shall be presented at the annual meeting for the information of the members. Special meetings of the members of the Association may be called at any time upon not less than fourteen(14)days' prior written notice to all Owners,for the purpose of considering matters which require the approval of all or some of the Owners,or for any other reasonable purpose. Any First Mortgagee of a Lot may attend or designate a representative to attend the meetings of the Association. 6.9 Books and Records The Board shall cause to be kept complete,detailed and accurate books and records of the receipts and expenditures (if any)of the Association, in a form that complies with generally accepted accounting principles. The books and records,authorizations for payment of expenditures, and all contracts, documents,papers and other records of the Association shall be available for examination by the Owners, any Mortgagees,and the agents or attorneys of either of them,during normal business hours and at any other reasonable time or times. 6.10 Transition Date As noted above,Declarant initially shall constitute the Board and shall be fully authorized to exercise all of the powers of the Association until the occurrence of the Transition Date. The"Transition Date" shall be the earlier of: (a)the date designated by Declarant in a written notice to the Owners,which date may be any date after this Declaration has been recorded, or(b)the thirtieth(30th) day after Declarant has transferred to retail purchasers title to all Lots. From and after the Transition Date, the then-current Owners of sixty percent(60%) of the Lots in the Property shall have the power through a written instrument recorded in the real property records of King County, Washington to restrict or eliminate any or all of the approval 14 powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the Common Areas. ARTICLE 7 NOTICES FOR ALL PURPOSES All notices given under the provisions of this Declaration or rules or regulations of the Association shall be in writing and may be delivered either personally or by mail. If delivery is made by mail,the notice shall be deemed to have been delivered on the third(3rd)day of regular mail delivery after a copy has been deposited in the U. S. mail, first class,postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to the Board may be given to any Board member or,until the Transition Date mailed to Declarant at the following address: Specialized Homes,L.L.C., 3001 East Yesler Way, Seattle, WA 98122. The Board's address may be changed from time to time by the execution and recording of an instrument in the real property records of King County, Washington which(a) refers to this Declaration and this Article 7; and(b) sets forth the Board's new address. ARTICLE 8 AUTHORITY OF THE BOARD 8.1 Adoption of Rules and Regulations The Board is empowered to adopt,amend and revoke on behalf of the Association detailed administrative rules and regulations necessary or convenient from time to time to insure compliance with the general guidelines of this Declaration,to promote the comfortable use and enjoyment of the Property and to govern the operation and procedures of the Association. The rules and resolutions may,without limitation, authorize voting by proxy or mail, or both, on Association matters. The rules and regulations of the Association shall be binding upon all Owners and occupants and all other Persons claiming any interest in the Property. 8.2 Enforcement of Declaration,Etc. The Board shall have the power to enforce the provisions of this Declaration, and the rules and regulations of the Association for the benefit of the Association. The failure of any . Owner to comply with the provisions of this Declaration, or the rules and regulations of the Association will give rise to a cause of action in the Association(acting through the Board)and any aggrieved Owner for recovery of damages, or injunctive relief, or both. If a legal action is brought to interpret or enforce compliance with the provisions of this Declaration, or the rules or regulations of the Association,the prevailing party shall be entitled to judgment against the other , party for its reasonable expenses, court costs and attorneys' fees in the amount awarded by the Court. 8.3 Goods and Services 15 • The Board shall acquire and pay for as common expenses of the Association all goods and services reasonably necessary or convenient for the efficient and orderly maintenance of all portions of the Common Areas not maintained by public utility companies or a governmental entity. The goods and services shall include(by way of illustration and not limitation)utility services for the Common Areas; policies of insurance; and maintenance,repair, landscaping, gardening, and general upkeep of the Common Areas. The Board may hire such employees or agents as it considers necessary. 8.4 Protection of Common Areas The Board may spend such funds and take such action as it may from time to time deem necessary to preserve the Common Areas, settle claims, or otherwise act in what it considers to be the best interests of the Association. ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES 9.1 Fiscal Year; Preparation of Budget The Board may adopt such fiscal year for the Association as it deems to be convenient. Unless another year is adopted, the fiscal year will be the calendar year. As soon as the Board in its discretion deems advisable, and prior to the expiration of each fiscal year thereafter,the Board shall establish a budget for the costs during the ensuing fiscal year of maintaining the Common Area,the private easement areas,the landscape area and all other areas which the Association is responsible to maintain. The Board shall then assess each Lot with its pro rata share of such estimated costs,based upon the number of Lots then-within the Property and the appropriate number of lots required to share in such costs based on the beneficial interest of such lots in the Private Easements as described in the Plat and in this Declaration. The Board,at its election, may require the Owners to pay the amount assessed in equal monthly or quarterly installments or in a lump sum annual installment. The Board shall notify each Owner in writing at least ten(10) days in advance of each assessment period of the amount of the assessment for said period, which notice shall be accompanied by a copy of the budget upon which the assessment is based. The assessments levied by the Board shall be used exclusively to promote the recreation,health, safety and welfare of the Owners and for the improvement and maintenance of the Common Areas and the Private Easement areas. 9.2 Certificate of Unpaid Assessments Any failure by the Board or the Association to make the budget and assessments hereunder before the expiration of any fiscal year for the ensuing fiscal year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owners from the obligation to pay assessments during that or any subsequent year, and the assessment amount and payment method established for the preceding fiscal year(if any) shall continue until a new assessment is established. Upon the request of any Owner or Mortgagee or prospective Owner or prospective Mortgagee of a Lot,the Board will furnish a statement of the amount, if any, of unpaid assessments charged to the Lot. The statement shall be conclusive 16 • a upon the Board and the Association as to the amount of such indebtedness on the date of the statement in favor of all purchasers and Mortgagees of the Lot who rely on the statement.in good faith. All assessments and other receipts received by the Association shall belong to the Association. 9.3 Date of Commencement of Annual Assessments The annual assessments provided for herein shall commence as to all Lots at such time as the Board in its absolute discretion deems advisable. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 10.1 Assessments Are a Lien; Priority All unpaid sums assessed by the Association for the share of the common expenses chargeable to any Lot and any sums specially assessed to any Lot under the authority of this Declaration shall constitute a lien on the Lot and all its appurtenances from the date the assessment becomes due and until fully paid. The lien for such unpaid assessments shall be subordinate to tax liens on the Lot in favor of any assessing unit and/or special district, and to all sums unpaid on all First Mortgages of record,but,to the extent permitted by applicable law, shall have priority over all other liens against the Lot. A First Mortgagee that obtains possession through a Mortgage foreclosure or deed of trust sale, or by taking a deed in lieu of foreclosure or sale, or a purchaser at a foreclosure sale, shall take the Lot free of any claims for the share of common expenses or assessments by the Association chargeable to the Lot which became due before such possession,but will be liable for the common expenses and assessments that accrue after the taking of possession. A Lot's past-due share of common expenses or assessments shall become new common expenses chargeable to all of the Lot Owners, including the Mortgagee or foreclosure sale purchaser and their successors and assigns, in proportion to the number of Lots owned by each of them. Notwithstanding any of the foregoing,however,the Owner and the real estate contract purchaser shall continue to be personally liable for past due assessments as provided in Section 10.3. For purposes of this Section,"Mortgage"does not include a real estate contract and"Mortgagee"does not include the vendor or the assignee or designee of a vendor of a real estate contract. 10.2 Lien May Be Foreclosed The lien for delinquent assessments may be foreclosed by suit by the Board, acting on behalf of the Association, in like manner as the foreclosure of a mortgage of real property. The Board,acting on behalf of the Association, shall have the power to bid on the Lot at the foreclosure sale, and to acquire and hold, lease,mortgage and convey the same. 10.3 Assessments Are Personal Obligations 17 • • In addition to constituting a lien on the Lot, all sums assessed by the Association chargeable to any Lot,together with interest, late charges, costs and attorneys' fees in the event of delinquency, shall be the joint and several personal obligations of the Owner and any contract purchaser of the Lot when the assessment is made and their grantees. Suit to recover personal judgment for any delinquent assessments shall be maintainable without foreclosing or waiving the liens securing them. 10.4 Late Charges and Interest on Delinquent Assessments The Board may from time to time establish late charges and a rate of interest to be charged on assessments delinquent for a period of more than ten(10) days after the date when due. In the absence of another established,nonusurious rate, delinquent assessments shall bear interest at the rate of twelve percent(12%)per annum. If an installment on an assessment against a Lot is not paid when due,the Board may elect to declare the entire assessment against the Lot for the remainder of the fiscal year to be immediately due and payable. 10.5 Recovery of Attorneys' Fees and Costs In any action to correct delinquent assessments,the prevailing party shall be entitled to recover as a part of its judgment a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in connection with the action, in addition to taxable costs permitted by law. 10.6 Remedies Cumulative The remedies provided herein are cumulative and the Board may pursue them, and any other remedies which may be available under law although not expressed herein, either concurrently or in any order. ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER The failure of the Board in any instance to insist upon the strict compliance with this Declaration or rules and regulations of the Association, or to exercise any right contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of any term, covenant, condition, or restriction. The receipt by the Board of payment of any assessment from an Owner,with knowledge of any breach by the Owner, shall not be a waiver of the breach. No waiver by the Board of any requirement shall be effective unless expressed in writing and signed for the Board. ARTICLE 12 LIMITATION OF LIABILITY So long as a Board member,or Association member, or Declarant has acted in good faith, without willful or intentional misconduct,upon the basis of such information as is then possessed by such Person,then no such Person shall be personally liable to any Owner, or to any other 18 f y Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of such Person;provided,that this Article shall not apply where the consequences of such act,omission, error or negligence are covered by any insurance actually obtained by the Board. ARTICLE 13 INDEMNIFICATION Each Board member and Declarant shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees,reasonably incurred by or imposed,in connection with any proceeding to which such party may be a party, or in which such party may become involved,by reason of holding or having held such position, or any settlement thereof, whether or not such party holds such position at the time such expenses or liabilities are incurred, except to the extent such expenses and liabilities are covered by insurance and except in such cases wherein such Board member or Declarant is adjudged guilty of willful misfeasance in the performance of his or her duties;provided,that in the event of a settlement,the indemnification shall apply only when the Board approves such settlement and reimbursement as being for the best interests of the Association. ARTICLE 14 INSURANCE At such times as the Board deems appropriate,the Board shall cause the Association to purchase and maintain as a common expense a policy or policies of insurance which the Board deems necessary or desirable to provide: casualty insurance; comprehensive liability insurance; insurance, if available, for the protection of the Association's directors and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review the adequacy of the Association's insurance coverage at least annually. • ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY In the event of any casualty, loss or other damage to the Common Area for which the then-current assessments by the Board are insufficient to repair or restore,or for which there are not insurance proceeds or insufficient insurance proceeds available to the Board for such restoration or repair,the Board may make a special assessment against each Lot for its pro rata share of the cost and expenses to repair and/or restore the Common Areas. The special assessment shall be payable, at the determination of the Board, in either monthly or quarterly installments or in a single lump sum amount. The Board shall notify each Owner of any such special assessment not less than twenty(20) days prior to the date such special assessment or the first installment thereon is due and payable, which notice shall be accompanied by a reasonably detailed statement of the Board's estimated costs and expenses of repairing and/or restoring the Common Areas. 19 I � ARTICLE 16 AMENDMENTS OF DECLARATION 16.1 Amendments of Declarant Prior to the Transition Date, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Records of King County, Washington,without the approval of any Owner or Mortgagee; provided,however,that(a)in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of his Lot or the Common Areas as set forth in this Declaration or adversely affects the title to any Lot, such amendment shall be valid only upon the written consent thereto by a majority in number of the then-existing Owners affected thereby, or(b) in the event that such amendment would materially and adversely affect the security,title and interest of any Mortgagee, such amendment shall be valid only upon the written consent thereto of all such Mortgagees so affected. Each Owner,by acceptance of a deed or other conveyance of a Lot, agrees to be bound by such amendments as are permitted by this Section 16.1 and further agrees that, if requested to so do by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Property(i)if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute,rule or regulation or any judicial determination which shall be in conflict therewith, (ii)if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iii)if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example,the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation,to enable such lender or purchaser to make or purchase mortgage loans on any Lot or other improvements subject to this Declaration, or(iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure Mortgages on the Lots or other improvements subject to this Declaration. 16.2 Amendments by Association Any Owner may propose amendments to this Declaration to the Board. A majority of the members of the Board may cause a proposed amendment to be submitted to the members of the Association for their consideration. If an amendment is proposed by Owners of 20%or more of the Lots,then, irrespective of whether the Board concurs in the proposed amendment, it shall be submitted to the members of the Association for their consideration at their next regular or special meeting for which timely notice may be given. Notice of a meeting at which an amendment is to be considered shall include the text of the proposed amendment. Amendments may be adopted at a meeting of the Association or by written consent of the requisite number of Persons entitled to vote, after notice has been given to all Persons entitled to receive notice of a meeting of the Association. The unanimous consent of all Owners shall be required for adoption of either: (a) an amendment changing the voting power or portion of assessments appurtenant to each Lot; or(b) an amendment of Section 5.7 or of this Article 16. All other amendments shall be adopted if approved by the Owners of sixty percent(60%) of the Lots. Once an amendment 20 3 s has been adopted by the Association,the amendment will become effective when a certificate of the amendment, executed by a member of the Board, has been recorded in the real property records of King County, Washington. 16.3 Amendments to Article 3 Notwithstanding the foregoing provisions regarding amendments, no amendment to this Declaration which affects the obligation of the Owners to maintain Common Areas as set forth in Article 3 hereof shall become effective without the prior written consent of King County, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. ARTICLE 17 ANNEXATION AND SUBDIVISION Residential property other than the Common Areas may be annexed or added to the Property only with the consent of sixty percent(60%)of the Association. No Lot shall be subdivided or combined without the approval of all Owners. Notwithstanding the foregoing,no Lot or portion of any Lot shall be divided and sold or resold or ownership transferred whereby ownership of any Lot shall be less than the area required for the use district of the Property. ARTICLE 18 DURATION The covenants,conditions, and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Owners,their respective legal representatives,heirs, successors, and assigns, for a period of thirty (30)years from the date this Declaration is recorded,after which time the covenants, conditions and restrictions shall be automatically extended for successive periods of ten(10)years each unless an instrument signed by a majority of the then-Owners has been recorded agreeing to terminate the covenants, conditions and restrictions. Notwithstanding the foregoing,no such termination shall be effective so as to terminate the obligation of the Owners to maintain the Common Areas as set forth in Article 3 hereof without the prior written consent of King County, Washington, or the then-appropriate governmental entity with jurisdiction over such matters. ARTICLE 19 SEVERABILITY The provisions of this Declaration shall be independent and severable, and the unenforceability of any one provision shall not affect the enforceability of any other provision. 21 ARTICLE 20 EFFECTIVE DATE This Declaration shall be effective upon recording. ARTICLE 21 ASSIGNMENT BY DECLARANT Declarant reserves the right to assign,transfer, sell, lease or rent all or any portion of the Property and reserves the right to assign all or any of its rights, duties and obligations created under this Declaration. DATED as of the date first written above. DECLARANT: SPECIALIZED HOMES,L.L.C.,a Washington limited liability company By: SH Real Estate,Inc.,a Washington corporation By, Robert iemann,President By: l�' eehan • v91 an,Vice Pre t , fi ja 4T� 4 STATE OF WASHINGTON ) ) ss. 'OG$ `V = . '1 d oy COUNTY OF KING ) 'f Oa of 1 IAsua�°� I certify that I know or have satisfact`o`OWcience that ROBERT NIEMANN is the person who appeared before me, and that said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of SH Real Estate,Inc., a Washington corporation,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ,2 7 day ofJ( , 2003. LJ)'EA- -AUL (Signature of Not ) 22 • r r. 'later._ L. Jvstn - (rash (Legibly Print or Stamp Name of Notary) Notary Public in and for the state of Washington, Residing at Sholv3ml!i) t.irt My commission expires: (D•x[)•p, STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DEEHAN MARIE WYMAN is the person who appeared before me, and that said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Vice President of SH Real Estate,Inc., a Washington corporation,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this 2,7441 day of,e. , 2003. 40.A.,04-A a4JU_ `+++ (Signature of Notary) %%j j..•s� it .,5'��; 1 i(!Sst L. JAY I Seh- (-4 sit. 0 �OT4. x (Legibly Print or Stamp Name of Notary). � .04 V - Notary Public in and for the state of Washington, a $�� ; Residing at Slid o►xls WA %%%%%%' �p My commission expires: /p f20-D5 `, WAS o 23 a. , EXHIBIT A TO DECLARATION FOR THE PLAT OF DEBAR (Legal Description) Lots 1 through 14, and Tract A, according to the Plat thereof, Recorded in Volume of Plats, Pages through_,King County, Washington,the entire plat being described as Lot 1, City of Renton Lot Line Adjustment Number LUA-01-062-LLA, recorded under recording number 20020424900007,being a portion of Tract 362, C.D. Hillman's Lake Washington Garden of Eden Division No. 6, according to the plat thereof recorded in Volume 11 of Plats,page 84, in King County, Washington. 24 • • . EXHIBIT B TO DECLARATION FOR THE PLAT OF DEBAR (Fence Detail) 25 EXHIBIT C TO DECLARATION FOR THE PLAT OF DEBAR (Articles of Organization) 26 a 1 , EXHIBIT D TO DECLARATION FOR THE PLAT OF DEBAR (Bylaws) • 27