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HomeMy WebLinkAboutRC 20040427002276 r t: r 4. 1 WHEN RECORDED RETURN TO: 20040427002276 CITY OF RENTON AREAS 45.00 WHEN RECORDED RETURNTO: 04GE0 2004 057 :18 Office of the City Clerk KING COUNTY, WA Renton City Hall 1055 South Grady Way Renton,WA MOWS AMENDED AND RESTATED DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II, COMMONLY KNOWN AS GREENFIELD II Grantor: KBS III, LLC, a Washington limited liability company; BENCHMARK CONSTRUCTION LTD, a Washington corporation; DONOGH CONSTRUCTION, INC., a Washington corporation; AMERICAN CLASSIC HOMES, LLC, a Washington limited liability company; HIGHPOINTE DIVISION II HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation; CITY OF RENTON Grantee: Homeowners in the Plat of Highpointe Division II Legal Description: Lots 1 through 12 and Tract A, according to the Plat of Highpointe Division II, recorded in Volume 216 of Plats, Pages 29 through 31, King County, Washington. Assessor's Tax Parcel No: Tax Parcel No. for the entire plat prior to segregation of taxes to individual lots: 042305-9223 Reference Nos. of Document Released/Assigned/Amended: 2003 0905 000019 1 1 AMENDED AND RESTATED DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II, COMMONLY KNOWN AS GREENFIELD II TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 2 1.1 Words Defined 2 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 4 ARTICLE 3 COMMON AREAS 4 3.1 "Common Areas" and "Common Area Improvements" 4 3.2 Association to Maintain Common Areas 4 3.3 Alteration of Common Areas 4 3.4 Public Areas 4 ARTICLE 4 PRIVATE EASEMENTS AND OTHER EASEMENTS 5 4.1 Private Easements 5 ARTICLE 5 CONSTRUCTION ON LOTS AND USE OF LOTS 6 5.1 Permitted Structures 6 5.2 Uniformity of Use and Appearance 6 5.3 Submission of Plans 6 5.4 Construction 7 5.5 Minimum Size 7 5.6 Building Laws 7 5.7 Use Restrictions 8 5.8 Variances 11 ARTICLE 6 HIGHPOINTE DIVISION II HOMEOWNERS ASSOCIATION 11 6.1 Organization 11 6.2 Board of Directors 11 6.3 Qualification for Membership 12 6.4 Transfer of Membership 12 6.5 Number of Votes 12 6.6 Voting 12 6.7 Pledged Votes 12 6.8 Annual and Special Meetings 13 6.9 Books and Records 13 6.10 Transition Date 13 ARTICLE 7 NOTICES FOR ALL PURPOSES 14 i C:\Documents and Settmgs\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.lE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 f c I a • • f ARTICLE 8 AUTHORITY OF THE BOARD 14 8.1 Adoption of Rules and Regulations 14 8.2 Enforcement of Declaration, Etc 14 8.3 Goods and Services 14 8.4 Protection of Common Areas 15 ARTICLE 9 BUDGET AND ASSESSMENT FOR COMMON EXPENSES 15 9.1 Fiscal Year; Preparation of Budget 15 9.2 Certificate of Unpaid Assessments 15 9.3 Date of Commencement of Annual Assessments 16 ARTICLE 10 LIEN AND COLLECTION OF ASSESSMENTS 16 10.1 Assessments Are a Lien; Priority 16 10.2 Lien May Be Foreclosed 16 10.3 Assessments Are Personal Obligations 16 10.4 Late Charges and Interest on Delinquent Assessments 17 10.5 Recovery of Attorneys' Fees and Costs 17 10.6 Remedies Cumulative 17 ARTICLE 11 FAILURE OF BOARD TO INSIST ON STRICT PERFORMANCE NO WAIVER 17 ARTICLE 12 LIMITATION OF LIABILITY 17 ARTICLE 13 INDEMNIFICATION 18 ARTICLE 14 INSURANCE 18 ARTICLE 15 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY 18 ARTICLE 16 AMENDMENTS OF DECLARATION 19 16.1 Amendments of Declarant 19 16.2 Amendments by Association 19 16.3 Amendments to Article 3 20 ARTICLE 17 ANNEXATION AND SUBDIVISION 20 ARTICLE 18 DURATION 20 ARTICLE 19 SEVERABILITY 20 ARTICLE 20 EFFECTIVE DATE 20 ARTICLE 21 ASSIGNMENT BY DECLARANT 21 ii C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 f 1 f AMENDED AND RESTATED DECLARATION FOR THE PLAT OF HIGHPOINTE DIVISION II, COMMONLY KNOWN AS GREENFIELD II THIS Amended and Restated Declaration for the Plat of Highpointe Division II, Commonly Known as Greenfield II ("Declaration"), dated as of,,2 4 o 5/a'7 PA00/s 2004, is made by the undersigned parties (collectively, "Declarant"), with reference to the following real property (the "Property"): Lots 1 through 12 and Tract A, Highpointe Division II (A.K.A. Greenfield II), Volume 216 of Plats, pages 29 through 31, inclusive, in King County, Washington, recorded under King County Recording No. 20030905000018; Situate in City of Renton, King County, Washington. The undersigned are all of the successors-in-interest to the original Declarant, KBS Development Corporation, a Washington corporation, and, collectively, are owners of all of the Property, except the City of Renton, which executes this Declaration only for the purposes of compliance with Section 16.3 of the Declaration and Covenants, Conditions and Restrictions for the Plat of Highpointe II Commonly Known as Greenfield II, recorded under King County Recording No. 20030905000019 (the "Original Declaration"). This Amended and Restated Declaration amends, restates and supersedes the Original Declaration. In the event of a conflict between this Amended and Restated Declaration and the Original Declaration, the provisions of this Amended and Restated Declaration shall control. Tract B as shown on the Plat of Highpointe Division II is not subject to this Amended and Restated Declaration, and is hereby released from the terms of the Original Declaration. 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. The Declarant submits this Amended and Restated Declaration pursuant to its authority in Section 16.1 of the Original Declaration. The Transition Date has not occurred. NOW, THEREFORE, Declarant declares that all of the Property 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: "Association" shall mean the Highpointe Division II Homeowners Association described in Article 6 of this Declaration, its successors and assigns. "Board" shall mean the board of directors of the Association. "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. "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. "Declarant" shall have the meaning given to that term in the first paragraph above. "Declaration" shall mean this.Declaration and Covenants, Conditions and Restrictions for the Plat of Highpointe Division II, as it may be amended from time to time. "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. "Lot" shall mean any one of Lots 1 through 12 as shown in the Plat, together with the structures and improvements, if any, thereon. "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. 2 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.1E5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 "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. "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. "Person" shall mean an individual, corporation, partnership, association, trust or other legal entity. "Plans" shall have the meaning given to such term in Section 5.3. "Plat" shall mean the final plat of Highpointe Division II, recorded September 9, 2003, in Volume 216 of Plats,pages 29 through 31, inclusive, King-County, Washington, under King County Recording No. 20030905000018. "Private Easements" shall mean the private drainage easements, access easements, and utility easements as described in the Plat and further described in Article 4, not dedicated to the public. "Structure" shall mean any residence, accessory building, fence, wall, driveway, walkway, patio, swimmingpool or the like constructed on a Lot. deck, "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 a storm pond serving 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/or Tract A, to make improvements and changes to the Private Easements for: (i) the installation and maintenance of any improvements; and (ii) the installation and maintenance of any other utilities systems and facilities. 3 C:\Documents and Settings\Default\Local Setting\Temporary Internet Master Declaration of CC&Rs Files\Content.IES\G9S74VWZ\CC Rs(Highpointe)(TIv1B3223).DOC 04/21/04 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. 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 Article 6 and Article 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 a storm pond and any street trees and planter islands. Common Areas shall be owned by the Association. 3.2 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. The Association may install landscaping on Tract A and may also maintain the storm detention facilities thereon. The Association pay all costs of maintenance, repair, and reconstruction of all improvements within Tract A. The irrigation system for Tract A shares a water meter with Lot 5, and the owner of Lot 5 shall be reasonably compensated by the Association for its use of water on Tract A. The right of entry to effect the Association's rights set forth in this Declaration shall apply to the agents, representatives and employees of the Association, its successors and assigns. P 3.3 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. 3.4 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. 4 C:\Documents and Settings\Default\Local Settings`Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 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. 4.1.1 Private Road Easement over Lots 7, 8, 9, and 12 The private road easement established by and delineated in the Plat over portions of Lots 7, 8, 9 and 12 is for the benefit of Lots 9, 10, 11 and 12 only. The owners of Lots 9, 10, 11 and 12 shall be equally responsible for the cost of maintenance, repair and reconstruction of that portion of the road constructed therein. 4.1.2 Private Road Easement over Lots 1, 2, 3, and 8 The private road easement established by and delineated in the Plat over portions of Lots 1, 2, 3, and 8 is for the benefit of Lots 1, 2, and 8 only. The owners of Lots 1, 2, and 8 shall be equally responsible for the cost of maintenance, repair and reconstruction of the road constructed therein. 4.1.3 Seattle City Light The transmission line easement set forth on the Plat is for the benefit of Seattle City Light only. 4.1.4 Olympic Petroleum Pipeline The Olympic Petroleum Pipeline easement set forth on the Plat is for the benefit of Olympic Pipeline only. 4.1.5 Utility Easements • As set forth on the Plat, easements are reserved for the City of Renton and various utility providers and their respective successor and assigns under and upon the private streets, if any, and the exterior ten (10) feet of all Lots, Tracts and spaces within the Plat lying parallel with and adjoining all streets in which to construct, operate, maintain, repair, replace and enlarge underground pipes, conduits, down guy anchors, cables and wires with all necessary or convenient underground or ground-mounted appurtenances thereto for the purpose of service the property and other property with electric, gas, telephone or other utility services, together with the right to enter upon the streets, Lots, Tracts and spaces at all times for the purposes therein stated. 5 C:\Documents and Settings\Default\Local SettingslTemporary Internet • Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TIv1B3223).DOC 04/21/04 • . 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 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 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. 6 C:\Documents and Settings\Default\Local Settmgs\Temporary Internet Master Declaration of CC&Rs Files\ContenclE5\G9S74VWZ'•CC Rs(Highpointe)(TMB3223).DOC 04/21/04 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 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 5.5.1 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) 1,500 square feet for a dwelling containing a single level; and (b) 1,800 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. 5.5.2 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. 7 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IES\G9S74VWZ\CC Rs(Highpointe)(T14)33223).DOC 04/21/04 5.7 Use Restrictions 5.7.1 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. Notwithstanding the foregoing, Declarant may use dwellings it owns as sales offices and models for sales of other Lots. 5.7.2 Maintenance of Buildings and Lots 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. 5.7.3 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. 5.7.4 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. 5.7.5 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 8 C:\Documents and Setttngs\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IES\G9S74VWZ\CC Rs(Highpomte)(TMB3223).DOC 04/21/04 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. 5.7.6 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. 5.7.7 Clothes Lines 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. 5.7.8 Radio and Television Aerials Normal and customary television antennas, radio aerial and satellite receiving dishes of less than one (1) meter 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. 5.7.9 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, Tract 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, Tract 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. 5.7.10 Offensive Activity Except as otherwise provided in Section 5.7.1, 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,p , p arke d, 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. 9 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.lE5\G9S74VWZ\CC Rs(flighpomte)(TMB3223).DOC 04/21/04 5.7.11 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. 5.7.12 Fences All fences shall be 1" x 4" cedar construction or better and shall otherwise be constructed in a good and workmanlike manner, shall be artistic in design and shall not detract from the appearance of any adjacent Structures. 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. 5.7.13 Underground Utilities All utility lines or wires located outside a dwelling unit shall be in conduits attached to such units or underground. 5.7.14 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. 5.7.15 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, at such Owner's cost and expense, within twelve (12) days from the occurrence of such damage. 5.7.16 Driveways All driveways shall be paved with concrete, asphalt or other Board approved material, from the edge of the paved street to connect with the paved surface of the floor of the garage. 10 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 I 5.7.17 Landscaping 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. 5.7.18 Mailboxes A mailbox cluster has been installed and is accepted by the U.S. Postal Authorities and has been located in those areas so designed by the U.S. Postal Department. 5.7.19 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 Highpointe Division II Homeowners Association 6.1 Organization The Highpointe Division II Homeowners Association is Washington non-profit corporation. The Bylaws, Articles of Incorporation and this Declaration shall govern the affairs of the Association. 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 11 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.1E5\G9S74VWZ\CC Rs(Highpointe)(Tv 3223).DOC 04/21/04 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 Voting 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 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 12 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IES\G9S74VWZ\CC Rs(I•lighpointe)(TMB3223).DOC 04/21/04 • 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 powers and duties of the Board set forth in this Declaration, excluding the duty to maintain the Common Areas. 13 C.\Documents and Setttngs\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5'G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 • 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: KBS Development Corporation, 12320 NE 8th Street Ste #100, Bellevue, WA 98005. 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 regulations 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 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 14 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VVIZ\CC Rs(Highpointe)(TM133223).DOC 04/21/04 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 fiscalfor the Association as it deems to be convenient. The Board mayadopt such f sca year o P 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 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 15 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IL•5\G9S74VWZ\CC Rs(Highpointe)(T1v033223).DOC 04/21/04 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 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 16 C:\Documents and Settings\Default\Local Settmgs\Temporary Internet Master Declaration of CC&Rs Files\Content.IL5\G9S74VWZ\CC Rs(Highpomte)(Tivff)3223).DOC 04/21/04 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 collect delinquent assessments, the Association shall be entitled to recover a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in connection therewith, whether or not a suit is commenced or prosecuted to judgment. In addition, the Association shall be entitled to recover costs and reasonable attorney's fees if it prevails on appeal or in the enforcement of a judgment. 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 17 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(h ighpointe)(TMI33223).DOC 04/21/04 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. 18 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 • • 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 19 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IE5\G9S74VWZ\CC Rs(Highpointe)(TM133223).DOC 04/21/04 • • ..k t 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 g the foregoingprovisions regarding amendments, no amendment to this Declaration which affects the obligation of the Owners e s 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. Upon termination the assets of the Association shall be distributed as set forth in the Articles of Incorporation. 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. Article 20 Effective Date This Declaration shall be effective upon recording. 20 C:\Documents and Settings\Default\Local Setttngs\Temporary Internet Master Declaration of CC&Rs Files\ContentIE5\G9S74VWZ\CC Rs(Iiighpoutte)(TM133223).DOC 04/21/04 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: KBS III, LLC, a Washington limited liability BENCHMARK CONSTRUCTION LTD, company (owner of Lot 8) a Washington corporation (owner of Lots 2, 3, 9, and 10) i / et., — By: By: �> olin B. •� ember ro,tl S 77544101117-7 Its: See---7771e-49' / Robert W. Ruddell, Member DONOGH C iSTRU?TION, INC., AMERICAN CLASS`aC HOMES, LLC, a Washington corpora Ion(owner of Lots 4, 5, a Washington limiter iability company 6, 7, 11 and 2) / (owner of Lo / By: a By: Its: (C'.. Its: =filifk_ Attt'1..,. ., HIGHPOINTE DIVISION II APPROVED FOR THE PURPOSES OF HOMEOWNERS ASSOCIATION, a SECTION 16.3 ONLY: Washington no I profit corp• ation / . CITY OF RENTON , n ' By: d/ Au‘Aa •�/ s: Ari- .,-- f./. lvel I U}L (L') 1 Its: Dive(l'c) /7evcky^, wtn:Ul evt,)i ce i 21 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.lE5\G9S74VWZ\CC Rs(Highpointe)(TMB3223).DOC 04/21/04 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this �b'4� vday of ife , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Kolin B. Taylor and Robert W. Ruddell, personally known or having presented satisfactory evidence to be members of KBS III, LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that they are • authorized to execute the said instrument on behalf of said limited liability company. WITN$,S MX HAND and official seal the day and year in this certificate first above written. - G. SC/,/,.'11, Print Name. .,„1„----hs & 42.4 uSt 'r N.• _ Notary Public in and for the PA ".,,e• ,�o _ State of Washington, residing at toi'��t OF Expiration Date: g STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) n THIS IS TO CERTIFY that on this o).5 day of M . , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came ONI 57 / niv , personally known or having presented satisfactory evidence to be the 5- ,P q/ 7 ; Cf/reK of BENCHMARK CONSTRUCTION LTD, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. .,.\\‘\ ` 4W/V-- 7 VOON�� s , i? C -SGl214Ser� Print Name: K��f �►`s ' Notary Public in and for the State of Wa ington, residing at "" 3 /, Expiration Date: Vii' -v?0-vs 'it OFWA§�,� 22 C:\Documents and Settmgs\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.IES\G9S74VWZ\CC Rs(l Iighpointe)(TMII3223).DOC 04/21/04 1 4 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this 0/3 day of /4/8/iZ , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came sr yA-i/ havoc.H , personally known or having presented satisfactory evidence to be the f /1Q i rr- of DONOGH CONSTRUCTION, INC.,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and for the uses and purposes therein mentioned, and on voluntary act and deed of said corporationo p rp oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITI S&MY,4iAND and official seal the day and year in this certificate first above written. G. SCHCi ")\Z;'e1/74-42--- .7 ....:44 p ..•ON S<it, � J ,� �ii Pnnt Name: �u,-�S 6 : SXc..s �. V -% � Notary Public in and for the `',1 : z ; State of Washington, residing at I, 4". / 9 ! f'� 1�`(,SAP , 1 i q'OF Wag" Expiration Date: ? -30' OS t'%%,,, ...--- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this X°day of pi- , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came 5?i/— LLpf(" `"A/ personally known or having presented satisfactory evidence to be a member of AMERICAN CLASSIC HOMES, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument. WITNESS MY HAND and official seal the day and year in this certificate first above written. �•,`•••••vt,� G. SCy 4 '''',V) I' ', Print Name: %l,:.e-/'i1S ( - Scl.c..� �pt�j► °,V) Notary Public in and for the v • State of Washington, residing at a. = K,,� ClirAt'J ,,,'�q�,.''�e;3..• '40._;49 " Expiration Date: e ''3 d -or 11,-4:OF W- 23 C:\Documents and Settings\Default\Local Settings\Temporary Internet Master Declaration of CC&Rs . Files\Content.IE5\G9S74VWZ\CC Ra(Highpointe)(TIv1B3223).DOC 04/21/04 , - • . . , ' . . L. , , . ', , 7 , , • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on thisdC day of /9'f4 -2._ , 2004, before me, a Not Public in and for the State of Washington, duly commissioned and sworn, came KOL. /33- ji-oP , personally known or having presented satisfactory evidence to be • i the pez-z-Do — of HIGHPOINTE DIVISION II HOMEOWNERS ASSOCIATION, the nonprofit corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITNESS�� and official seal the day and year in this certificate first above . written. _, g G;,,,,,,,, ks>;', ` , pdVX- -- v Print Name: r 7S Sr S r %, % o2; Notary Public in and for the FIs 1> ''�,e%3 QiP State of Washington, residing at SII SOF WA`''`_ 1.6:3 irtel tt‘`" Expiration Date: T-36 -0-5— STATE _0SSTATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this day of , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came , personally known or having presented satisfactory evidence to be the of CITY OF RENTON, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. . WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: Notary Public in and for the State of Washington, residing at Expiration Date: 24 C:\Documents and Settings\Defauit\Local Settings\Temporary Internet Master Declaration of CC&Rs Files\Content.lES\G9S74VWZ1CC Rs(Highpointe)(TME33223).DOC 04/21/04