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CONFORMED COPY
20040225000967
WATERBURY LLC AMNO 58.00
PAGE001 OF 040
KINGBCOUNTY31WA1
Jeffrey E.Hamilton
Waterbury,LLC
7947 159th Pl.NE, Suite 100
Redmond,WA 98052
(Space above this line for recorder's use only)
DOCUMENT TITLE: Amended and Restated Declaration of
'Covenants, Conditions and Restrictions of
The Pointe at Talbot Hill (Platted as
Sunnybrook)
REFERENCE NUMBER(S) OF 20040205000237
RELATED DOCUMENTS:
Additional reference numbers on page(s) N/A of document.
GRANTOR: Waterbury, LLC
GRANTEE: Plat of Sunnybrook; The Pointe at Talbot
Hill Homeowners' Association
ABBREVIATED LEGAL Ptn. SW 1/4 of SW 1/4 of Sec 29 and Ptn SE
DESCRIPTION: 1/4 of SE 1/4 of Sec 30, T 23 N, R 5 E, W.M.
Additional legal on page 30 through 31 of document
ASSESSOR'S TAX PARCEL NOS. 292305-9045-03; 292305-9062-01;
292305-9043-05; 302305-9014-07;
292305-9050-05; 292305-9089-00
A
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF THE POINTE AT TALBOT HILL
(PLATTED AS SUNNYBROOK)
A. On February 5, 2004, Waterbury, LLC, a Washington limited liability
company ("Declarant") recorded a Declaration and Covenants, Conditions and
Restrictions of The Pointe at Talbot Hill (Platted as Sunnybrook) (the "Original
Declaration") under King County Recorder's No. 20040205000237.
B. Declarant desires to amend the Original Declaration in its entirety in order
to add additional language regarding easement maintenance.
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TABLE OF CONTENTS
Page
TABLE OF CONTENTS 1
DESCRIPTION OF THE LAND 1
ARTICLE 1 INTERPRETATION 1
1.1 Liberal Construction. 1
1.2 Covenant Running with Land. 1
1.3 Declarant is Original Owner. 2
1.4 Captions. 2
1.5 Definitions 2
1.5.1 "ACC". 2
1.5.2 "Association" 2
1.5.3 "Board". 2
1.5.4 "Bylaws" 2
1.5.5 "Common Area". 2
1.5.6 "Declarant" 2
1.5.7 "Declaration" 2
1.5.8 "Home". 2
1.5.9 "Lot". 3
1.5.10 "Mortgage".. 3
1.5.11 "Mortgagee" 3
1.5.12 "Owner". 3
1.5.13 "Person". 3
1.5.14 "Project". 3
1.5.15 "Plat Map" 3
1.6 Percentage of Mortgagees. 3
1.7 Percentage of Owners. 3
ARTICLE 2 OWNERSHIP OF COMMON AREA 3
2.1 Ownership of Common Area. 3
ARTICLE 3 OWNER'S PROPERTY RIGHTS 4
3.1 Owner's Rights of Enjoyment. 4
3.2 Delegation of Use. 5
ARTICLE 4 OWNERS' ASSOCIATION 5
4.1 Establishment. 5
4.2 Form of Association 5
4.3 Membership. 5
4.3.1 Qualification. 5
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4.3.2 Transfer of Membership. 5
4.4 Voting. 5
4.4.1 Classes of Voting Membership. 5
4.4.2 Number of Votes. 6
4.5 Bylaws of Association. 6
4.6 Dissolution. 6
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 6
5.1 Administration of the Development. 6
5.2 Management by Declarant. 6
5.3 Management by Elected Board of Directors 6
5.4 Authority and Duties of the Board 7
5.4.1 Assessments. 7
5.4.2 Services. 7
5.4.3 Utilities. 7
5.4.4 Insurance. 7
5.4.5 Maintenance and Repair of Common Areas 7
5.4.6 Private Easement for Ingress and Egress Agreement . 7
5.4.7 Maintenance of Rights of Way, etc. 8
5.4.8 Fences, Landscaping, etc 8
5.4.9 Enforce Declaration 8
5.4.10 Contracting and Payment for Materials, Services, etc. 8
5.4.11 Attorney-in-Fact. 8
5.4.12 Borrowing of Funds. 8
5.4.13 Adoption of Rules and Regulations; Fines 8
5.4.14 Additional Powers of Association 9
ARTICLE 6 ARCHITECTURAL CONTROL 9
6.1 Construction and Exterior Alteration or Repair 9
6.2 Sales Facilities of Declarant. 10
6.3 Variances 11
6.4 Appeals. 11
ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 11
7.1 Maintenance of Lots. 11
7.2 Residential Use. 11
7.3 Restriction on Further Subdivision. 11
7.4 Rental Lots. 12
7.5 Zoning Regulations. 12
7.6 Business Use. 12
7.7 Building Setback Requirements 12
7.8 Oil and Mining Operations. 12
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7.9 Catch Basin. 12
7.10 Lot Size. 13
7.11 Garages. 13
7.12 Square Footage 13
7.13 Mobile or Manufactured Housing 13
7.14 Driveway Standards. 13
7.15 Parking. 13
7.16 Roof 13
7.17 Exterior Finish. 13
7.18 Utilities. 14
7.19 Antenna. 14
7.20 Fencing. 14
7.21 Fireplace Chimneys. 14
7.22 Garbage and Refuse 14
7.23 Games and Play Structures. 15
7.24 Construction of Significant Recreation Facilities. 15
7.25 Livestock and Poultry. 15
7.26 Landscaping. 15
7.27 Signs 15
7.28 Temporary Structures 15
7.29 Completion of Construction 15
7.30 Easements. 15
7.31 Use During Construction. 16
7.32 Excavations. 16
7.33 Nuisances. 16
7.34 Clothes Lines, Other Structures. 16
7.35 Common Drives. 16
7.36 Building Height 16
7.37 Storm Runoff. 16
ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 16
8.1 Creation of the Lien and Personal Obligation of Assessments 16
8.2 Uniform Rate. 17
8.3 Initial Assessment Amount. 17
8.4 Limitation on Annual Assessment Amount 17
8.4.1 Board Authority 17
8.4.2 Annual Increase in Dollar Limit. 18
8.4.3 Owner Approval Required. 18
8.5 Manner and Time of Payment. 18
8.6 Accounts. 18
8.7 Lien. 18
8.8 Waiver of Homestead. 18
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8.9 Continuing Liability for Assessments 18
8.10 Records, Financial Statements. 18
8.11 Certificate of Assessment. 19
8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. 19
8.13 Curing of Default.. 19
8.14 Omission of Assessment. 19
8.15 Assessment Deposit. 20
8.16 Exempt Property. 20
8.17 Effect of Legal Proceedings 20
ARTICLE 9 COMPLIANCE WITH DECLARATION 20
9.1 Enforcement. 20
9.1.1 Compliance of Owner. 20
9.1.2 Compliance of Lessee. 21
9.1.3 Attorneys' Fees. 21
9.2 No Waiver of Strict Performance. 21
9.3 Right of Entry. 21
9.4 Remedies Cumulative 21
ARTICLE 10 LIMITATION OF LIABILITY 21
10.1 No Personal Liability 21
10.2 Indemnification of Board Members 22
ARTICLE 11 MORTGAGEE PROTECTION 22
11.1 Priority of Mortgagee 22
11.2 Effect of Declaration Amendments. 22
11.3 Right of Lien Holder. 22
11.4 Change in Manner of Architectural Review and Maintenance Within
Project. 23
11.5 Copies of Notices. 23
11.6 Furnishing of Documents 23
ARTICLE 12 EASEMENTS 23
12.1 Association Functions. 23
12.2 Easements Over Common Areas. 23
12.3 Access to Public Streets. 23
12.4 Utility and Access Easements. 23
12.5 Storm Drainage Easements. 24
ARTICLE 13 TERM OF DECLARATION 24
13.1 Duration of Covenants.. 24
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13.2 Abandonment of Subdivision Status 24
ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 24
14.1 Declaration Amendment. 24
14.2 Plat Map. 25
14.3 Amendments to Conform to Construction 25
14.4 Amendments to Conform to Lending Institution Guidelines. 25
14.5 Article 16 Amendments. 25
ARTICLE 15 INSURANCE 26
15.1 Insurance. 26
ARTICLE 16 ANNEXATION AND WITHDRAWAL OF ADDITIONAL
PROPERTIES 26
16.1 Annexation and Withdrawal by Declarant 26
16.2 Non-Declarant Annexations. 26
16.3 Common Areas Within Additional Lands. 26
ARTICLE 17 MISCELLANEOUS 27
17.1 Notices. 27
17.2 Conveyances,Notice Required. 27
17.3 Successor and Assigns 27
17.4 Joint and Several Liability. 27
17.5 Mortgagee's Acceptance. 28
17.5.1 Priority of Mortgage. 28
17.5.2 Acceptance Upon First Conveyance. 28
17.6 Severability. 28
17.7 Effective Date. 28
17.8 Government Right of Access. 28
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
The Pointe at Talbot Hill
(Platted as Sunnybrook)
KING COUNTY,WASHINGTON
THIS DECLARATION is made this day of February, 2004,by the undersigned,hereinafter
referred to as "Declarant," who is the sole owner of all Lots within the Project.
DESCRIPTION OF THE LAND
A. Declarant owns certain real property located within the State of Washington,which
property and improvements are commonly known as The Pointe at Talbot Hill, located in King
County, Washington which is platted as Sunnybrook and is legally described in attached Exhibit A
(the "Project"). All Common Areas of the Project are shown on the Plat Map to be recorded in
conjunction with this Declaration.
B. For the benefit and protection of the Project,to enhance its value and attractiveness,
and as an inducement to lenders and investors to make and purchase loans secured by Lots within the
Project,Declarant agrees to provide herein for a method of use and architectural control within the
Project.
NOW,THEREFORE, Declarant hereby declares that the Lots described herein shall be held,
conveyed, encumbered, leased,rented, used, occupied and improved subject to the following uniform
covenants, conditions,restrictions,reservations, grants of easement, rights,rights-of-way, liens,
charges and equitable servitudes.
Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall
and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions
of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first
mortgagee of any Lot.
ARTICLE 1
INTERPRETATION
1.1 Liberal Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of
the Project.
1.2 Covenant Running with Land. It is intended that this Declaration shall be operative
as a set of covenants running with the land, or equitable servitudes, binding on Declarant, its
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successors and assigns, all subsequent Owners of the Project or any Lots, together with their
grantees, successors,heirs, executors, administrators, devisees or assigns.
1.3 Declarant is Original Owner. Declarant is the original Owner of all Lots and
Project and will continue to be deemed the Owner thereof except as conveyances or documents
changing such Ownership regarding specifically described Lots or portions of the Project are filed of
record.
1.4 Captions. Captions given to the various articles and sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the substantive
provisions hereof.
1.5 Definitions.
1.5.1 "ACC" shall mean the Architectural Control Committee provided for in
Article 6.
1.5.2 "Association" shall mean The Pointe at Talbot Hill Homeowners Association,
a Washington non-profit corporation, as described more fully in Article 4, its successors and assigns,
as well as Sunnybrook Homeowners Association referred to in the Plat Map (which has been
incorporated as The Pointe at Talbot Hill Homeowners' Association).
1.5.3 "Board" shall mean the Board of Directors of the Association provided for in
Article 5.
1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.5 "Common Area" shall mean all real property(including the improvements
thereto) owned by the Association for the common use and enjoyment of the Owners and shall
include (unless/until dedicated to a governmental entity): all Common Areas described on the Plat
Map including but not limited to Tracts A, B, C, D, E, F,H, I, and J of the Plat of Sunnybrook;
Project entry sign(s) and landscaping; planter islands and planted medians on roads or cul-de-sacs; all
street trees; and mailbox stands serving more than one Lot.
1.5.6 "Declarant" shall mean the undersigned(being the sole Owner of the real
property described in Exhibit A hereof) and its successors and assigns if such successors or assigns
should acquire more than one undeveloped Lot from the Declarant for the purpose of development
and by written instrument in recordable form be specifically assigned the rights and duties of
Declarant.
1.5.7 "Declaration" shall mean this Declaration of Covenants, Conditions,
Restrictions, and Reservations for The Pointe at Talbot Hill (platted as Sunnybrook), and any
amendments thereto.
1.5.8 "Home" shall mean and refer to any structure, or portion of a structure,
located on a Lot, which structure is designed and intended for use and occupancy as a residence by a
single family or which is intended for use in connection with such residence.
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1.5.9 "Lot" shall mean and refer to any plot of land shown upon any recorded Plat
Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned
by the Association or by all of the Lot Owners as tenants in common,nor include any land shown on
a Plat Map but dedicated to the public or to a governmental entity.
1.5.10 "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.
1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the
beneficial Owner, of an encumbrance on a Lot created by 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.
1.5.12 "Owner" shall mean and refer to the record Owner,whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may
be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a
real estate contract, include any person of record holding a vendee's interest under such real estate
contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest
merely as security for the performance of an obligation shall not be considered an Owner.
1.5.13 "Person" shall include natural persons,partnerships, limited liability
companies, corporations, associations and personal representatives.
1.5.14 "Project" shall mean the real estate described in Exhibit A and all
improvements and structures thereon, including such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
1.5.15 "Plat Map" shall mean the plat map for Sunnybrook approved by the
appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration,
which Plat Map depicts the layout of the Lots on the Project.
1.6 Percentage of Mortgagees. For purposes of determining the percentage of first
mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a
separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot.
1.7 Percentage of Owners. For purposes of determining the percentage of Owners
approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for
each Lot owned.
ARTICLE 2
OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area. All Common Areas shall be owned by the
Association. The Common Areas, if any, within any Additional Land(as defined in Article 16)will
be deemed to be conveyed to the Association upon the recording of an amendment to this
Declaration incorporating such Additional Lands within the Project and will be depicted on the Plat
Map recorded in conjunction with such amendment. The Common Area shall exclude those portions
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of common areas (and improvements thereto) which have been or may hereafter be, dedicated to and
owned by the public or a governmental entity. The Common Area shall for all purposes be under the
control, management and administration of the Declarant until all Class B membership (as defined in
Article 4)terminates, and under the control,management and administration of the Association
thereafter. The Association(and the Owners who are members thereof)have the responsibility and
obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and
safe condition and in full compliance with applicable, governmental laws, rules and regulations and
the provisions of this Declaration.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive right, in
common with all Owners, of enjoyment in and to the Common Area which shall be appurtenant to
and shall pass with the title to every Lot, subject to the following provisions:
3.1.1 The right of the Association to limit access to those portions of the Common
Areas, which in the opinion of the Board are dangerous.
3.1.2 The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon any Common Area.
3.1.3 The right of the Association to suspend the voting rights and right to use of
the Common Areas by an Owner: for any period during which any assessment against such Owner's
Lot remains unpaid; and for a period not to exceed sixty(60) days for any infraction of its published
rules and regulations. Until all Class B membership terminates,the Association shall be required to
exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities
by, a member for non-payment of an assessment,upon the request of the Declarant.
3.1.4 The rights of the Association to dedicate or transfer all or any part of the
Common Area, including easements across said properties, to any public agency, authority, or utility
for such purposes and subject to such conditions as may be agreed to by the members of the
Association.
3.1.5 The right of the Association to limit the number of guests of members.
3.1.6 The right of the Association, in accordance with this Declaration and its
Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the Common
Area and facilities and in aid thereof to mortgage said property,but the rights of such mortgagee in
said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions
of Section 11.5.
3.1.7 The right of the Association to take such steps as are reasonably necessary to
protect any property mortgaged in accordance with Section 3.1.5 against foreclosure, including,but
not limited to, the right to charge admission and other fees as a condition to continued enjoyment by
the Owners and, if necessary, to open the enjoyment of such properties to the public.
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3.1.8 Until all Class B membership terminates, the exercise of all of the rights and
powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written
approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws),
his/her right of enjoyment to the Common Area and facilities to the members of his/her family, or
his/her tenants or contract purchasers who reside on the Owner's Lot and(subject to regulation by the
Association)to his/her temporary guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called THE POINTE
AT TALBOT HILL HOMEOWNERS' ASSOCIATION(referred to hereinafter as the
"Association"). All references to Sunnybrook Homeowners Association in the Plat Map shall mean
The Pointe at Talbot Hill Homeowners' Association.
4.2 Form of Association. The Association shall be a nonprofit corporation formed and
operated pursuant to Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any
conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit
corporation, the provisions of this Declaration shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot in the Project(including Declarant) shall
be a member of the Association and shall be entitled to one membership for each Lot so owned.
Ownership of a Lot shall be the sole qualification for membership in the Association.
4.3.2 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, conveyed,pledged or alienated in any way except upon the transfer of title to said Lot and
then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of
membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the
membership in the Association appurtenant thereto to the new Owner thereof.
4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall have two classes of
voting membership: (a) Class A members shall be all Owners except the Declarant. Class A
members shall be entitled to one vote for each Lot owned; (b)The Class B members shall be the
Declarant, which shall be entitled to twenty(20)votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership on the happening of the first of the following
events: (a)when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership, or(b) the date when Declarant's management powers
terminate, as provided in Section 5.2. In determining whether any given proposition shall have been -
approved by the membership, the total number of Class A and Class B votes shall be combined and
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the appropriate percentage applied against that combined number. If Declarant elects to annex
Additional Lands pursuant to Section 16.1, the total number of votes shall be increased by the
applicable number for the Lots in such annexed Additional Lands.
4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total
voting power of all Owners shall equal the number of Lots at any given time and the total number of
votes available to Owners of any one Lot shall be one (1)vote.
4.5 Bylaws of Association. Bylaws for the administration of the Association and the
Project and to further the intent of this Declaration,may be adopted or amended by the Owners at a
regular or special meeting; provided, that the initial Bylaws shall be adopted by Declarant. In the
event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration
shall prevail.
4.6 Dissolution. In the event that the Association is dissolved or otherwise fails to meet
its property tax obligations as evidenced by non-payment of property taxes for a period of eighteen
(18)months, then each Lot shall assume and have an equal and undivided ownership interest in the
Tracts of the Plat of Sunnybrook previously owned by the Association and assume the attendant
financial and maintenance responsibilities.
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that the
administration of the Project shall be in accordance with the provisions of this Declaration and the
Bylaws of the Association.
5.2 Management by Declarant. The Project shall be managed on behalf of the
Association by the Declarant until the earlier of: (a) one hundred twenty(120) days after all Class B
membership terminates; or(b)the date on which Declarant elects to permanently relinquish all of its
under this Section 5.2 bywritten notice to all Owners. So longas Declarant is managing
authority
the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and
authority to exercise all the rights, duties and functions of the Board and the Association set forth or
necessarily implied in this Declaration;provided,however, that the Association may not be bound
directly or indirectly to any contracts or leases without the right of termination exercisable without
cause and without penalty at any time after transfer of control to the Board elected pursuant to
Section 5.3, upon not more than ninety(90) days' notice to the other party to the contract.
5.3 Management by Elected Board of Directors. At the expiration of Declarant's
management authority under Section 5.2,power and authority shall vest in the Board of Directors
elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and
shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or
any portion of its management duties to a managing agent or officer of the Association as provided
for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The
Board shall elect from among its members a president who shall preside over meetings of the Board
and the meetings of the Association.
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5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the
Board(or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the
shall have allpowers and authoritypermitted to the Board
benefit of the Project and the Owners,
under this Declaration and any applicable law, including but not limited to the following:
5.4.1 Assessments. Establish and collect regular assessments (and to the extent
necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying
out its duties hereunder and maintain an adequate reserve fund for the maintenance,repair,
improvement and replacement of those portions of the Common Area or facilities which must be
maintained, repaired or replaced on a periodic basis,which reserve shall be funded by the above
assessments. The Association may impose and collect charges for late payments of assessments.
5.4.2 Services. Obtain the services of persons or firms as required to properly
manage the affairs of the Project to the extent deemed advisable by the Board including legal and
accounting services,property management services as well as such other personnel as the Board shall
determine are necessary or proper for the operation of the Common Area,whether such personnel are
employed directly by the Board or are furnished by the manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas
and any other necessary utility service, including utility easements and street lighting, as required for
the Common Area.
-5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing
Common Area property and liability coverage, and for fidelity of Association officers and other
employees,the requirements of which are more fully set forth in Article 15.
5.4.5 Maintenance and Repair of Common Areas. Pay for the costs of painting,
maintenance,repair and all landscaping and gardening work for all Common Area, and
improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe
condition and in full compliance with applicable governmental laws, rules and regulations and the
provisions of this Declaration. The foregoing shall include but not be limited to: the cost of
maintaining,repairing and replacing mailbox stands that serve more than one (1) Lot; maintaining
and replacing street trees and landscaping in planter islands and planted medians on roads or cul-de-
sacs; repair,maintenance and replacement of Project entry sign(s); maintaining storm detention area
Tract D; maintaining storm drainage detention area Tract H; maintaining open space Tracts A, E and
J; maintaining pedestrian access Tract F; maintaining the ten-foot drainage easement over portions of
Lot 1 and Tract E; maintaining recreation Tract I; maintaining NGPE Tracts B and C as provided on
the Plat Map; and such replacing and repairing of furnishings and equipment, if any, for the Common
Area as the Board shall determine are necessary and proper.
5.4.6 Private Easement for Ingress and Egress Agreement. Until such time as
the access is dedicated to the City of Renton,the Association shall own and maintain the private
access easement not dedicated to the City of Renton at the Mill Avenue Entry. These maintenance
responsibilities include the repair and maintenance of the private access road, sidewalk, curb, gutter,
signage and other infrastructure not owned by the City of Renton. Maintenance costs shall be the
sole responsibility of the Association. Parking on the paving in the private access easement is
prohibited.
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5.4.7 Maintenance of Rights of Way,etc. To the extent deemed advisable by the
Board,pay for the costs of maintaining and landscaping rights of way, traffic islands and medians, or
other similar areas whichpart are not of the Lots or Common Area but which are within or adjacent
to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said
governmental entity fails to do so;provided, the Lot Owner at the Owner's expense (rather than the
Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot.
5.4.8 Fences,Landscaping, etc. To the extent deemed advisable by the Board,
pay for the cost of constructing,maintaining, repairing and replacing: perimeter and interior fences, if
any; and landscaping and improvements on easements, if any,which are located on or across Lots;
provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain,repair
and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot.
5.4.9 Enforce Declaration. Enforce the applicable provisions of the Declaration
for the management and control of the Project.
5.4.10 Contracting and Payment for Materials, Services, etc. Contract and pay
for any materials, supplies, labor or services which the Board should determine are necessary or
proper for the enforcement of this Declaration, including legal, accounting,management or other
services; provided that if for any reason any materials, supplies, labor or services are provided for
particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such
Lots.
5.4.11 Attorney-in-Fact. Each Owner,by the mere act of becoming an Owner,
shall irrevocably appoint the Association as his/her attorney-in-fact,with full power of substitution,
to take such action as reasonably necessary to promptly perform the duties of the Association and
Board hereunder, including but not limited to the duties to maintain, repair and improve the Project,
to deal with the Project upon damage or destruction,to grant easements and licenses over Common
Areas, and to secure insurance proceeds.
5.4.12 Borrowing of Funds. In the discharge of its duties and the exercise of its
powers as set forth herein,but subject to the limitations set forth herein, the Board may borrow funds
on behalf of the Association.
5.4.13 Adoption of Rules and Regulations; Fines. When and to the extent deemed
advisable by the Board,to adopt reasonable rules and regulations governing the maintenance and use
of the Project and other matters of mutual concern to the Lot Owners,which rules and regulations are
not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-
discriminatory basis. The Board may impose and collect charges for late payments of assessments
and, after notice and an opportunity to be heard by the Board or by a representative designated by the
Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by
the Board, levy reasonable fines in accordance with a previously established schedule adopted by the
Board and furnished to the Owners for violation of the Bylaws,rules and regulations of the
Association.
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5.4.14 Additional Powers of Association. In addition to the duties and powers of
the Association as specified in this Declaration,but subject to the provisions of this Declaration, the
Association, acting through its Board, shall have the power to do all other things that it may deem
reasonably necessary to carry out its duties and the purposes of this Declaration.
ARTICLE 6
ARCHITECTURAL CONTROL
6.1 Construction and Exterior Alteration or Repair.
6.1.1 All buildings and structures (including,without limitation, concrete or
masonry walls,rockeries, fences, sheds, swimming pools, if any, or other structures)to be
constructed within the Project, and all exterior alterations and repairs (including,but not limited to,
reroofing or repainting) of any buildings or structures on the Project and visible from any public
street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural
Control Committee ("ACC")composed of three (3) or more representatives appointed by the Board,
at least two (2) of whom shall be Board members; provided, that so long as Declarant owns any Lots
within the Project, Declarant at its option may exercise all of the rights and powers of the Board
under Section 6.1 including without limitation the appointment of members of the ACC. References
in this Article 6 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as
circumstances may dictate. Complete plans and specifications, including colors, of all such proposed
buildings, structures, and exterior alterations and repairs, together with detailed plans showing the
proposed location of the same on the particular building site and other data requested by the ACC,
shall be submitted to the ACC along with a written request for approval signed by the Owner. Any
exterior modifications in accordance with plans and specifications developed by the Declarant and
filed with the Board at the time of transfer(pursuant to Article 5.3) shall be deemed approved
exterior modifications.
6.1.2 The ACC will review all requests for approval of construction, alteration or
repair for quality of workmanship and materials planned and for conformity and harmony of the
external design with proposed or existing structures on neighborhood residential Lots or building
sites, and for location of the building with respect to topography, finish grade elevation and building
setback restrictions.
6.1.3 In the event the ACC fails to approve or disapprove such request within thirty
(30) days after all required plans and specifications have been submitted to it, such approval shall be
deemed given by the ACC.
6.1.4 All plans and specifications for approval by the ACC must be submitted in
duplicate, at least thirty(30) days prior to the proposed construction or exterior alteration or repair
starting date. Construction, alteration or repair shall not be started until written approval thereof is
given by the ACC.
6.1.5 The ACC may require that said plans or specifications be prepared by an
architect or a competent house designer, approved by the ACC. One complete set of said plans and
specifications shall in each case be delivered to and permanently retained by the ACC. All buildings
or structures (including but not limited to garden sheds) shall be erected or constructed, and all
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exterior alterations or repairs made,by a contractor,house builder or other person or entity approved
by the ACC. The ACC shall have the right to refuse to approve any design,plan or color for such
improvements, construction, or exterior alteration or repair visible from a public street, Common
Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or
otherwise.
6.1.6 In so passing upon such design, the ACC shall have the right to take into
consideration the suitability of the proposed building or other structure, and the material of which it
is to be built, and the exterior color scheme,to the site upon which it is proposed to be erected,the
harmony thereof with the surroundings, and the effect or impairment that said structure will have on
the view or outlook of surrounding building sites, and any and all factors,which, in the ACC's
opinion, could affect the desirability or suitability of such proposed structure, improvements, or
exterior alteration or repair.
6.1.7 The ACC shall have the right to disapprove the design or installation of a
swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion,
aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have
the right to take into consideration the visual impact of the structure and the noise impact of the
related activities upon all of the properties located in close proximity. Any enclosure or cover used
in connection with such a recreational structure or equipment,whether temporary, collapsible,
seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants,
and shall be subject to all the conditions,restrictions, and requirements as set forth herein for all
buildings and structures.
6.1.8 The ACC shall have the right to require, at a Lot Owner's expense,the
trimming or topping(or, if deemed necessary by the ACC,removal) of any tree,hedge or shrub on a
Lot which the ACC determines is unreasonably blocking or interfering with the view or access to
sunlight of another Lot.
6.1.9 The ACC shall have the right to specify precisely the size, color and style of
mailboxes, and of the post or support on which such mailboxes are affixed, and their location within
the Project,whether or not such mailbox stand is a Common Area, all with the approval of the
Postmaster(if required).
6.1.10 Approval by the ACC is independent of, in addition to, and not to be
construed as a representation as to compliance with, any requirements for a permit, license or other
approval by King County or other applicable governmental or quasi-governmental entity. The Lot
Owner is responsible for obtaining any such governmental approvals.
6.1.11 Declarant(including any successor in interest to Declarant's status as
Declarant) shall not be subject to the restrictions of this Section 6.1 as to any Lot owned by
Declarant, whether or not any Class B membership exists and whether or not management of the
Association has been relinquished by Declarant pursuant to Section 5.2 hereof.
6.2 Sales Facilities of Declarant. Notwithstanding any provision in this Declaration to
the contrary, Declarant(and its agents, employees and contractors) shall be permitted to maintain
during the period of sale of Lots and/or Homes upon such portion of the Project(other than Lots sold
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by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be
reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes,
including but not limited to, a business office, storage area, signs,model units, sales office,
construction office, and parking areas for all prospective tenants or purchasers of Declarant.
6.3 Variances. So long as Declarant owns any Lot, the Board may in its reasonable
discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7;
thereafter, the Board may, upon written request of an Owner, grant a variance from the requirements
of Article 7 only in cases where,because of the physical characteristics of the Lot, strict enforcement
would result in an unnecessary hardship. The Board may only grant a variance from the provisions
of Sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29, or 7.36. The Board's authority to grant
such a variance shall not be delegated to the ACC. Prior to granting such a variance, the Board shall
hold an open hearing at which other Owners may comment. At least fifteen(15) days prior to such
hearing,the Board shall give written notice of the nature of the requested variance: to the Owner of
each Lot immediately adjacent to the Lot for which the variance is requested; to other Owners that
would reasonably be affected by the variance; and by requiring the Owner requesting the variance to
post a notice on such Owner's Lot in a form reasonably satisfactory to the Board.
6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the Board by
written notice within sixty(60) days after the ACC's written decision. The Board will review the
ACC decision at the Board's next regularly scheduled meeting(but in any event not later than thirty
(30) days after receipt of the notice of appeal). The Board shall give written notice to the appealing
Owner of the time and place of such meeting at least five (5) days in advance.
ARTICLE 7
USE AND MAINTENANCE OBLIGATION OF OWNERS
7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall
promptly and continuously maintain, repair and restore said Owner's Lot(including the yard and
landscaping) and Home and other improvements located thereon, and also such other areas as may be
required pursuant to Sections 5.4.6, 5.4.7, and 12.4 in a good, clean, attractive, safe and sanitary
condition and in full compliance with all applicable governmental laws,rules and regulations and the
provisions of this Declaration and the rules and regulations of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements
located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein
shall be deemed to prevent the Owner from leasing a Lot and improvements subject to all of the
provisions of the Declaration.
7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided
and sold or resold, nor ownership changed or transferred whereby the ownership of any portion of
this Project shall be less than the area required for the use district in which located;provided,the
foregoing shall not prohibit deeds of correction,deeds to resolve boundary disputes and similar
corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only
into the Lots originally joined.
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7.4 Rental Lots.
7.4.1 With respect to the leasing,renting, or creating of any kind of tenancy of a
Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting
less than the entire Lot or improvements thereon, or(with the exception of a lender in possession of a
Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or
any deed of trust sale or other arrangement in lieu of a foreclosure) for a term of less than six(6)
months; and all leasing or rental agreements shall be in writing, and shall be subject to the
Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws
constituting a default under the lease or rental agreement).
7.4.2 If a Lot or Home is rented by its Owner,the Board on behalf of the
Association may collect, and the renter or lessee shall pay over to the Board, so much of the rent for
such Lot or Home as is required to pay any amounts due the Association hereunder,plus interest and
costs, if the same are in default over thirty(30) days. The renter or lessee shall not have the right to
challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of
payment to the Owner for rent, to the extent such rent is paid to the Association,but will not
discharge the liability of the Owner or the Lot under this Declaration for assessments and charges, or
operate as an approval of the lease. The Board shall not exercise this power where a receiver has
been appointed with respect to the Lot or its Owner,nor in derogation of any rights which a
mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7
there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or
Home.
7.5 Zoning Regulations. Zoning regulations,building regulations, environmental
regulations and other similar governmental regulations applicable to the Project shall be observed. In
the event of any conflict between any provision of such governmental regulations and the restrictions
of this Declaration, the more restrictive provision shall apply.
7.6 Business Use. No business of any kind shall be conducted on any Lot with the
exception of: (a) the business of Declarant in developing and selling all of the Lots; and(b) such
home occupation as may be permitted by the appropriate local government and which is not
otherwise in violation of the provisions of this Declaration.
7.7 Building Setback Requirements. All buildings and other Lot improvements shall
comply with all applicable governmental requirements, including without limitation minimum
setback requirements. No building or other structure shall be located within any building setback
line shown on the Plat Map.
7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot; nor shall
oil wells, tanks, tunnels,mineral excavations or shafts be permitted upon or in any Lot. No derrick
or other structure designed for use in boring for oil or natural gas shall be erected,maintained or
permitted upon any Lot.
7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if
any, located on such Lot at least once prior to September 15 of each calendar year.
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7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a
Lot area of less than that required by the government entity having appropriate jurisdiction over the
Project.
7.11 Garages. Every Home must have a garage capable of holding at least two full-size '
cars,but no more than three full-size vehicles (any car,boat,recreational vehicle, etc. shall be
deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a
manner which the Board reasonably determines is not offensive when viewed from the street or from
the ground level of adjacent Lots or Common Areas.
7.12 Square Footage. Each single family residence must include a minimum of 1,600
square feet for single story Homes and 2,400 square feet for two-story Homes, excluding garage,
porches and decks.
7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be
strongly encouraged. The ACC may refuse to approve a plan based on design or repetitive use of a
plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or
manufactured housing.
7.14 Driveway Standards. All driveways shall be constructed of concrete with a
minimum of aggregate finish or other material approved by ACC.
7.15 Parking. Unless substantially screened from view from the street or from the ground
level of adjacent Lots and Common Area in a manner reasonably approved by the ACC,no
recreational vehicles, commercial vehicles, construction or like equipment,motorcycles, or trailers
(utility,boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or
street for a cumulative period in excess of fourteen (14) days in any one (1) calendar year. No motor
vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area;
provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so
long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of
any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in
any right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72)hours.
The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or
undesirable to other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this
Declaration, the Association may levy fines or have vehicles that are parked in violation of this
Section towed and impounded at the Owner's expense.
7.16 Roof. The exterior of all roofs shall be composed of materials approved by ACC.
All roofs must have a pitch of at least 4/12 (four on twelve), unless approved by the ACC based on
considerations regarding a specific Lot. Under no circumstances are flat roofs allowed. Roof
material shall be at least twenty five (25) year architectural composition asphalt shingle, charcoal
color or other color approved by the ACC, and by a manufacturer approved and accepted by ACC.
7.17 Exterior Finish. The exterior of each Home shall be designed,built and maintained
in such a manner as to blend in with the natural surroundings, existing structures and landscaping of
the Project. All exterior materials and all exterior colors must be approved by the ACC in
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accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves,
gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall
be designed,built and maintained to be compatible with the exterior of the structures they adjoin.
Homes and other structures maybe finished in vinyl siding if approved by the ACC. In no event
shall T-111 panelized type siding be permitted on any Home or other structure.
7.18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of
any kind shall be maintained above ground unless properly screened in a manner acceptable to the
ACC. All Lots shall be served by public water and sewer. No wells or septic systems shall be
constructed or maintained on any Lot.
7.19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall
be allowed on any Lot unless approved in writing by the ACC. As a condition of approval the ACC
may require reasonable shielding of such antenna, satellite dish or equipment from view from the
street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or
similar antenna greater than one (1)meter in diameter be permitted.
7.20 Fencing. No fences or site-screening improvements shall be erected without the
prior written approval of the ACC. Fences may only be placed along the rear property line, along the
front building line, and from the front building line to the rear Lot line,cannot exceed six(6) feet in
height above the ground,under no circumstances may obstruct view from any other Lot,must be
constructed of wood approved by the ACC, and shall be constructed,maintained, repaired and
replaced in accordance with the Common Fence Design Standards contained in attached Exhibits B
and C or such other equivalent design as approved by the ACC; provided that the foregoing height
limitation shall not apply to site screening approved by the ACC pursuant to Section 7.15. Fences
shall either be natural wood or if stained shall only be stained with semi-transparent colors ranging
from clear to cedar(or equivalent as determined by the ACC). Hedges or other solid screen planting
may be used as Lot line barriers subject to the same height restrictions as fences. No chain-link
fences shall be permitted on a Lot. No fence,wall or hedge shall be permitted on a Lot any nearer to
any street than a building is permitted under Section 7.7, except that nothing shall prevent the
erection of a necessary retaining wall, the top of which does not extend more than three (3) feet
above the finished grade at the back of said retaining wall.
7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material
approved by the ACC and as otherwise required by this Declaration.
7.22 Garbage and Refuse. No garbage,refuse, rubbish, cuttings, or debris of any kind
shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and
screened from view from the street and from the ground level of adjacent Lots and Common Area.
Such containers shall be returned to the screened location by the end of each scheduled pick-up day.
All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary
condition. No building material of any kind shall be placed or stored on any property within the
Project until the Lot Owner is ready to commence construction, and then such materials shall be
placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only
be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be
placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably
screened from view from the street and from the ground level of adjacent Lots and Common Area.
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7.23 Games and Play Structures. No deck,platform, dog house,playhouse or structure
of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of
the residence constructed thereon, and any such structure must have prior approval of the ACC. No
basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or
street.
7.24 Construction of Significant Recreation Facilities. The construction of any
significant recreational facilities on any Lot including,but not limited to, such items as swimming
pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be
subject to the requirements adopted by the ACC.
7.25 Livestock and Poultry. No animals or reptiles of any kind shall be kept on the
Project, except that dogs, cats, and other indoor household pets may be kept provided that they are
not kept,bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more
than two (2) dogs.
7.26 Landscaping. All cleared areas between the front building line and the street shall
be fully landscaped within thirty(30) days, depending on weather conditions, of the time when Home
is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards
within nine (9)months of occupancy unless a longer time is approved by the ACC.
7.27 Signs. No signs of any kind,nor for any uses, shall be erected,posted,painted or
displayed on any Lot or Common Area whatsoever, except for: home security signs less than one
foot square and reasonably discreet as determined by the Board;public notices by political divisions
of the State or County or as required by law; or as approved by rule,regulation, or resolution of the
Board. Any builder or the builder's agent may erect and display signs during the period the builder is
building and selling property in the Project only with prior approval from ACC. Any Lot Owner or
the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale" sign on the Lot,
provided such sign complies with any rules published by the ACC.
7.28 Temporary Structures. No trailer,basement,tent, shack, garage,barn or other
outbuildings or any structure of a temporary character erected or placed on the Project shall at any
time be used as a residence, even temporarily. No building or structure shall be moved on to the
Project from any land outside the Project. A trailer may be placed and occupied by the designated
subdivision sales agent with the prior written approval of the ACC. A construction shack may be
used by an Owner's construction contractor during the construction period.
7.29 Completion of Construction. All construction shall begin within eighteen(18)
months of the date of closing of the sale from the Declarant for each Lot. Any dwelling or structure
erected or placed on any Lot shall be completed as to external appearance, including finish painting
or staining, and shall be connected to sewers within eight(8)months from the date of
commencement of construction,unless some longer period of time is approved in writing by the
ACC.
7.30 Easements. Easements for the installation and maintenance of utilities, drainage and
irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within
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these easements no structure,planting or other materials shall be placed or permitted to remain which
may damage or interfere with the installation and/or maintenance of such utilities, or which may
change the directions of flow of water through a drainage channel in the easement, or which may
obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise
provided in Section 12.4,any easement or portion thereof located on any Lot and all improvements
thereon shall be maintained continuously by the Lot Owner.
7.31 Use During Construction. Except with the approval of the ACC,no person shall
reside in any structure on any Lot until such time as the improvements to be erected thereon in
accordance with the plans and specifications approved by the ACC have been completed.
Completion shall be considered receipt of a final inspection of the dwelling unit by the King County
Building Department or other applicable government official.
7.32 Excavations. Except with the permission of the ACC, or except as may be necessary
in connection with the construction of any approved improvement, no excavation shall be made nor
shall any dirt be removed from or added to any Lot. Except with permission of ACC, no retaining
wall of more than three feet(3) in height(exposed height)may be constructed on any Lot.
7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be
permitted or maintained upon any Lot or upon any other portion of the Project. If the Board
determines that a thing or use is undesirable or noxious, that determination shall be conclusive.
7.34 Clothes Lines, Other Structures. No clothes lines or other structures of a similar
nature shall be visible from any street or the ground level of any adjacent Lot or Common Area.
7.35 Common Drives. Common drives,walks(if any) and paths (if any) shall be used
exclusively for normal transit and no obstructions shall be placed thereon or therein except by
express written consent of the Board.
7.36 Building Height. Except with the permission of the ACC,no building height shall
exceed thirty-five (35) feet(or height limits of local jurisdiction), as measured from the lowest floor
elevation of the house (either garage floor or living area floor)to the maximum point on the roof
7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are
properly cleaned and maintained, and that the Tight Line Drainage lines or Storm Infiltration System
on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to
prevent adverse impact of storm runoff onto down stream Lots.
ARTICLE 8
COMMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a
deed therefor,whether or not it shall be so expressed in such deed, is deemed to covenant and agree
to pay to the Association any assessment duly levied by the Association as provided herein. Such
assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a
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charge on the land and shall be a continuing lien upon the property against which each such
assessment is made. Each such assessment, together with interest, costs, late charges and reasonable
attorneys' fees, shall also be the personal obligation of the person who was the Owner of such
property at the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to successors in title unless the lien for such delinquent assessments had
been properly recorded prior to title transfer or unless expressly assumed by them. Provided,
however, that in the case of a sale of any Lot which is charged with the payment of an assessment or
assessments payable in installments, the person or entity who is the Owner immediately prior to the
date of any such sale shall be personally liable only for the amount of the installments due prior to
said date. The new Owner shall be personally liable for installments which become due on and after
said date.
8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to
the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot,
except for assessments levied against an Owner for the purpose of reimbursing the Association for
costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions
of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots
owned by it. An assessment against a Lot shall be the joint and several personal obligation of all
Owners of that Lot. Notwithstanding the foregoing, the Declarant may in its sole discretion exempt
from the payment of annual assessments any Owner who is a builder that acquires more than one Lot
from the Declarant for the purpose of constructing and selling houses thereon.
8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant(whether to
a builder purchasing for resale or otherwise), each Lot Owner, at the time of his/her purchase of the
Lot, shall pay an initial start-up assessment to the Association in the amount of$400.00. Any initial
purchaser purchasing a Lot for resale shall be reimbursed for the start-up assessment by the first
purchaser of a Lot developed with a completed Home. Such initial assessment shall be in addition to
any annual assessment provided for in this Article 8 and shall be for the purpose of reimbursing the
Declarant and/or Association for maintenance and operating expenses of and for the Common Areas
during the initial development and house sales period. Notwithstanding the provisions set forth
above, the Declarant shall not be liable for any initial assessments assessed or due so long as
Declarant owns any Lot.
8.4 Limitation on Annual Assessment Amount.
8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant
(whether to a builder or otherwise), the Board shall have the authority,without obtaining prior
approval of the Owners, to levy assessments in a given calendar year totaling not more than $450.00
per Lot. Assessments included in the foregoing calculation shall not include any assessments which
are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner
or his/her Home and/or Lot into compliance with the provisions of this Declaration nor any initial
assessments provided for in Section 8.3. Notwithstanding the provisions set forth above, the
Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns
any Lot. Notwithstanding the foregoing, the Declarant may in its sole discretion exempt from the
payment of annual assessments any Owner who is a builder that acquires more than one Lot from the
Declarant for the purpose of constructing and selling houses thereon.
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8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in
Section 8.4.1 shall not be increased by more than twenty-five percent(25%)without the approval of
a majority of the Lot Owners voting at a meeting duly called for such purpose.
8.4.3 Owner Approval Required. Any assessment to be levied in a given
calendar year which would cause the total of all assessments for the year to exceed the sum per Lot
permitted by Sections 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon
notice sent to all members not less than thirty(30)nor more than sixty(60) days in advance of the
meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots
represented at such meeting,provided a quorum is present as defined in the Bylaws.
8.5 Manner and Time of Payment. Assessments shall be payable by each Owner in
such reasonable manner as the Board shall designate. Any assessment or installment thereof which
remains unpaid for at least fifteen(15) days after the due date thereof shall bear interest at an annual
rate equal to the lesser of fifteen percent(15%)per annum or the maximum rate allowed by law, and
the Board may also assess a late charge in an amount not exceeding twenty-five percent(25%) of any
unpaid assessment which has been delinquent for more than fifteen(15) days.
8.6 Accounts. Any assessments collected by the Association shall be deposited in one or
more insured institutional depository accounts established by the Board. The Board shall have
exclusive control of such accounts and shall maintain accurate records thereof;provided,however,
that the Board may exercise such control through a property manager retained pursuant to Section
5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses
authorized by this Declaration.
8.7 Lien. In the event any assessment or installment thereof remains delinquent for more
than thirty(30) days,the Board may, upon fifteen(15) days prior written notice to the Owner of such
Lot of the existence of the default, accelerate and demand immediate payment of the entire
assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late
charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be
recorded in the office where real estate conveyances are recorded for the county in which this Project
is located. Such claim of lien may be filed at any time at least fifteen(15) days following delivery of
the notice of default referred to above. The lien for payment of such assessments and charges shall
have priority over all other liens and encumbrances,recorded or unrecorded, limited as provided in
Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be
maintainable with or without foreclosure or waiver of the lien securing the same.
8.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens
created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time
any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the
terms hereof.
8.9 Continuing Liability for Assessments. No Owner may exempt himself/herself from
liability for his/her Assessments by abandonment of his/her Lot.
8.10 Records, Financial Statements. The Board shall prepare or cause to be prepared,
for any calendar year in which the Association levies or collects any assessments, and shall distribute
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to all Owners, a balance sheet and an operating(income/expense) statement for the Association,
which shall include a schedule of assessments received and receivable, identified by the number of
the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records
of the receipts and expenditures of the Association to be kept specifying and itemizing the
maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration,
the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall
be available for examination by any Owner at reasonably convenient hours.
8.11 Certificate of Assessment. A certificate executed and acknowledged by the
treasurer or the president of the Board, or an authorized agent thereof if neither the president nor
treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by
the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such
indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith.
Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable
time after request, in recordable form,at a reasonable fee. Unless otherwise prohibited by law, any
encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to
such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same
rank as the lien of his/her encumbrance.
8.12 Foreclosure of Assessment Lien,Attorneys' Fees and Costs. The Declarant or
Board, on behalf of the Association,may initiate action to foreclose the lien of, or collect, any
assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or
charges, any judgment rendered in favor of the Association shall include a reasonable sum for
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attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution
of said action(includingin anyarbitration, on appeal, and in anybankruptcy proceeding), in addition
PP P
to taxable costs permitted by law.
8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of
the lien for which a claim of lien has been filed and recorded in accordance with this Article upon
timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all
other assessments which have become due and payable following the date of such recordation with
respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges
and interest which have accrued thereon. An additional administrative fee of twenty-five dollars
($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to
such action. The satisfaction of the lien created by the claim of lien shall be executed by the
president or treasurer of the Association or by any authorized representative of the Board. For the
purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or
expended by the Association in connection with the cost of preparation and recordation of the claim
of lien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum
for attorneys' fees.
8.14 Omission of Assessment. The omission by the Board or the Association to fix the
estimate for assessments and charges hereunder for the next year before the expiration of any current
year shall not be deemed a waiver or modification in any respect of the provisions of this
Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any
installment thereof for that or any subsequent year. The assessment and charge fixed for the
preceding year shall continue until a new assessment or charge is fixed.
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8.15 Assessment Deposit. A Lot Owner may be required,by the Board or by the
managing agent, from time to time, to make and maintain a deposit of not more than the total of: one
(1) annual assessment; plus either one (1) special assessment if special assessments are payable on an
annual basis, or three (3) special assessment installments if special assessments are payable on a
monthly or other periodic basis. Such deposit may be collected as are other assessments and charges.
Such deposit shall be held in a separate fund,be credited to such Owner, and be for the purpose of
establishing a working capital fund for the initial Project operations and a reserve for delinquent
assessments. Resort may be had thereto at any time when such Owner is ten (10) days or more
delinquent in paying his/her assessments and charges, to meet unforeseen expenditures, to acquire
additional equipment or services deemed necessary or desirable by the Board, or as a credit against
any annual or special assessments to become due from such Owner. Said deposits shall not be
considered as advance payments of annual assessments. All or any portion of such deposit may at
any time be refunded to the Owner by the Association in the discretion of the Board, such refund
being made as a cash refund or a credit against assessments subsequently to become due or a
combination thereof.
8.16 Exempt Property. The following property subject to this Declaration shall be
exempt from the assessments created herein:
8.16.1 All properties dedicated to and accepted by a governmental entity;
8.16.2 All Common Areas; and
8.16.3 All properties owned by a charitable or nonprofit organization or an
organization exempt from taxation by the laws of the state of Washington.
However, the land or improvements,which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and
which are devoted to dwelling use, shall not be exempt from said assessments.
8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to
Section 9.1.1, and notwithstanding the assessment limitations provided for in this Declaration,the
court having jurisdiction over such proceeding shall also have jurisdiction and power to cause
assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably
necessary to cause the Project to be properly administered in accordance with the provisions of this
Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be
properly applied and enforced.
ARTICLE 9
COMPLIANCE WITH DECLARATION
9.1 Enforcement.
9.1.1 Compliance of Owner. Each Owner, Board member and the Association
shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative
rules and regulations adopted by the Association(as the same may be lawfully amended from time to
time). Failure to comply shall be grounds for an action to recover sums due for damages, or
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injunctive relief, or both,maintainable by the Board(acting through its officers on behalf of the
Association and the Owners), or by the aggrieved Owner on his/her own against the party(including
an Owner or the Association) failing to comply. In addition, the Association may impose and collect
fines as provided in Section 5.4.12 of this Declaration.
9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall
insure that the lease or rental agreement is in writing and subject to the terms of this Declaration,
Articles of Incorporation, and Bylaws. Said agreement shall further provide that failure of any lessee
to comply with the provisions of said documents shall be a default under the lease.
9.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration,
the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled
to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in
preparation for or prosecution of said action (including in any arbitration, on appeal, or in any
bankruptcy proceeding), in addition to taxable costs permitted by law.
9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or
Declarant's managing agent, as applicable, in any one or more instances to insist upon or enforce the
strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of
any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition or restriction, but such term,
covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of
any provision hereof shall be deemed to have been made unless expressed in writing and signed by
the Board.
9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its
successors, or the Association, the right to enter upon the Lot as to which such violation exists and to
abate, correct and remove, at the expense of the Owner thereof, any erection,thing or condition that
may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three
(3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any
damage caused thereby shall be repaired by the Association. Declarant, its successors, or the
Association shall not be deemed guilty of any manner of trespass by such entry, abatement or
removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may
pursue them concurrently, as well as any other remedies which may be available under law although
not expressed herein.
ARTICLE 10
LIMITATION OF LIABILITY
10.1 No Personal Liability. So long as a Board member, Association committee member,
Association officer, Association agent, or Declarant exercising the powers of the Board,has acted in
good faith,without willful or intentional misconduct, upon the basis of such information as may be
possessed by such person, no such person shall be personally liable to any Owner, or other party,
including the Association, for any damage, loss or prejudice suffered or claimed on account of any
act, omission, error, negligence (except gross negligence), any discretionary decision, or failure to
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make a discretionary decision,by such person in such person's official capacity; PROVIDED, that
this section shall not apply where the consequences of such act, omission, error or negligence are
covered by insurance or bonds obtained by the Board pursuant to this Declaration.
10.2 Indemnification of Board Members. Each Board member or Association
committee member, or Association officer, Association agent, or Declarant exercising the powers of
the Board, and their respective heirs and successors, 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 he/she may be a party, or in which he/she may become
involved,by reason of being or having held such position at the time such expenses or liabilities are
incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or
gross negligence or a knowing violation of law in the performance of his/her duties, and except in
such cases where such person has participated in a transaction from which said person will personally
receive a benefit in money,property, or services to which said person is not legally entitled;
PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board
approves such settlement and reimbursement as being in the best interest of the Association. Nothing
contained in this Section 10.2 shall,however,be deemed to obligate the Association to indemnify
any Member or Owner of a Lot who is or has been a Board member or officer of the Association
with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of
the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or
officer of the Association.
ARTICLE 11
MORTGAGEE PROTECTION
11.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens
created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in
favor of any assessing unit and/or special district and be subject to the rights of the secured party in
the case of any indebtedness secured by first lien Mortgages which were made in good faith and for
value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of
a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such
possessor and its successors and assigns shall not be liable for the share of any assessment by the
Association chargeable to such Lot which becomes due prior to such possession,but will be liable for
any assessment accruing after such possession. Such unpaid share of common expenses or
assessments shall be deemed to be common expenses collectible from all of the Lot Owners
including such possessor, its successor and assigns.
11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be
effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this
instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be
consented to in writing by the holder of such Mortgage. Any provision of this Article concerning
rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control
over such other inconsistent provisions.
11.3 Right of Lien Holder. A breach of any of the provisions, conditions,restrictions,
covenants, easements or reservations herein contained shall not affect or impair the lien or charge of
any bona fide Mortgage made in good faith and for value on any Lots;provided, however, that any
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subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was
acquired by foreclosure or trustee's sale or otherwise.
11.4 Change in Manner of Architectural Review and Maintenance Within Project.
The Association shall not,without prior writtenapproval of seventy-five percent(75%) of all first
Mortgagees (based upon one (1)vote for each first Mortgage owned) and seventy-five percent(75%)
of all Owners (other than Declarant) of record by act or omission change,waive or abandon any
scheme of regulations, or enforcement thereof,pertaining to the architectural design or the exterior
appearance of Homes, the exterior maintenance of Homes,maintenance of walkways, fences and
driveways, or the upkeep of lawns and plantings in the development, including the provisions of
Articles 4 and 5 hereof.
11.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in
writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a
Lot has for more than sixty(60) days failed to meet any obligation under this Declaration.
11.6 Furnishing of Documents. The Association shall make available to prospective
purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration,
Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense
statement for the Association, if any has been prepared.
ARTICLE 12
EASEMENTS
12.1 Association Functions. There is hereby reserved to Declarant and the Association,
or their duly authorized agents and representatives, such easements as are necessary to perform the
duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and
rules and regulations adopted by the Association.
12.2 Easements Over Common Areas. The Board, on behalf of the Association and all
members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled
with an interest, shall have authority to grant(in accordance with applicable governmental laws and
regulations)utility, road and similar easements, licenses and permits, under, through or over the
Common Area, which easements the Board determines are reasonably necessary to the ongoing
development and operation of the Project.
12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a
perpetual, non-exclusive easement across all roadways constructed within the Project, thereby
providing access throughout the Project and to public streets.
12.4 Utility and Access Easements. On each Lot, easements are reserved as provided by
the Plat Map and applicable laws, ordinances and other governmental rules and regulations for
private access and for utility installation and maintenance, including but not limited to, underground
electric power, telephone,water, sewer, drainage, and accessory equipment, together with the right to
enter upon the Lots at all times for said purposes. In particular, there are private drainage and access
easements. The easement rights and maintenance obligations with respect to these easements are
provided on the Plat Map.
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12.5 Storm Drainage Easements. A private perpetual,nonexclusive storm drainage
easement is hereby granted and conveyed to the Lot Owners and the Association under and upon the
exterior five (5) feet adjoining each side and rear boundary line of each Lot and Tract. If the
boundary line of any Lot or Tract is altered, the easement shall relocate accordingly. The
Association shall have the right of ingress and egress and the right to excavate, construct, operate,
maintain,repair and/or rebuild an enclosed or open channel storm water conveyance system and/or
other drainage facilities under, upon or through the drainage easement;provided, however, that each
Lot Owner shall have the explicit responsibility for maintaining the portion of the system located on
the Owner's Lot.
ARTICLE 13
TERM OF DECLARATION
13.1 Duration of Covenants. The covenants contained herein shall run with and bind the
land for a term of thirty(30)years from the date this Declaration is recorded, after which time the
covenants shall be automatically extended for successive periods of ten (10)years each, unless an
instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or
terminating this Declaration.
13.2 Abandonment of Subdivision Status. The Association shall not, without the prior
written approval of the governmental entity having jurisdiction over the Project and without prior
written approval of one hundred percent(100%)of all first Mortgagees (based upon one (1)vote for
each first Mortgage owned) and one hundred percent(100%) of all Owners (other than Declarant) of
record, seek by act or omission to abandon or terminate the subdivision status of the Project as
approved by the governmental entity having appropriate jurisdiction over the Project.
ARTICLE 14
AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment. Amendments to the Declaration shall be made by an
instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment.
Except as otherwise specifically provided for in this Declaration, any proposed amendment must be
approved by a majority of the Board prior to its adoption by the Owners. Amendments may be
adopted at a meeting of the Owners if seventy-five percent(75%) of all the Owners vote for such
amendment, or without any meeting if all Owners have been duly notified and seventy-five percent
(75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, and
except as otherwise provided for in this Declaration, any amendment to a provision of the
Declaration establishing,providing for, governing or regulating the following shall require the
consent of seventy-five percent(75%) of all the Owners and seventy-five percent(75%) of all the
Mortgagees and the consent of the Declarant(so long as Declarant owns any Lots): voting;
assessments, assessment liens or subordination of such liens; reserves for maintenance,repair and
replacements of Common Areas; insurance or bonds; use of Common Areas; responsibility for
maintenance or repairs; expansion or construction of the Project or the addition, annexation or
withdrawal of property to or from the Project; boundaries of Lots; converting of Lots into Common
Areas or vice versa; dedicating or transferring all or any part of the Common Area to any public
agency, authority, or utility; leasing of Lots; provisions for the benefit of the Declarant; provisions
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for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages; the interests in
Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an
Owner to sell, transfer or otherwise convey a Lot; provided, that a Mortgagee who fails to respond in
writing within thirty(30) days of a written request to approve an amendment shall be deemed to have
approved the request. In all events,the amendment when adopted shall bear the signature of the
president of the Association and shall be attested by the secretary,who shall state whether the
amendment was properly adopted, and shall be acknowledged by them as officers of the Association.
Amendments once properly adopted shall be effective upon recording in the appropriate
governmental offices where real estate conveyances are recorded for the county in which the Project
is located. It is specifically covenanted and understood that any amendment to this Declaration
properly adopted will be completely effective to amend any or all of the covenants, conditions and
restrictions contained herein that may be affected and any or all clauses of this Declaration unless
otherwise specifically provided in the section being amended or the amendment itself.
14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the
Declaration adopted as provided for in Section 14.1,the Plat Map may be amended by revised
versions or revised portions thereof,provided that the revised version or revised portions reference
the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat
Map shall be made available for the examination of every Owner. Such amendment to the Plat Map
shall be effective, once properly adopted, upon having received any governmental approval required
by law and recordation in conjunction with the Declaration amendment in the appropriate
governmental office where real estate conveyances are recorded for the county in which the Project is
located.
14.3 Amendments to Conform to Construction. Declarant,upon Declarant's sole
signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an
interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the
Declaration and to the Plat Map to conform data depicted therein to improvements as actually
constructed and to establish,vacate and relocate utility easements and access road easements.
14.4 Amendments to Conform to Lending Institution Guidelines. So long as Declarant
continues to own one or more Lots, Declarant, upon Declarant's sole signature, and as an attorney-in-
fact for all Lot Owners with an irrevocable power coupled with an interest,may at any time, until all
Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are
necessary to meet the then requirements of Federal National Mortgage Association, Veterans
Administration, Federal Home Loan Mortgage Corporation, or other agencies, institutions or lenders
financing and/or title insuring the purchase of a Lot from the Declarant.
14.5 Article 16 Amendments. Declarant,upon Declarant's sole signature, and as an
attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any
time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat
Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided
for in Article 16 shall be approved and recorded as an amendment to this Declaration as provided in
this Article 14.
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ARTICLE 15
INSURANCE
15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain
and maintain at all times as a common expense a policy or policies and bonds of liability insurance
and property insurance covering the ownership, use and operation of all of the Common Area(and
Common Area improvements), if any, including common personal property and supplies belonging
to the Association; fidelity coverage for Association Board members (including Declarant), officers,
employees or agents; and such other insurance as the Board may deem advisable or as may be
required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association,
Veterans Administration or similar agencies or lending institutions. In the event of damage to or
destruction of any part of the Common Area improvements, the Association shall repair or replace
the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover
the costs of repair or replacement of the property damaged or destroyed, the Association may make a
reconstruction assessment against all Lot Owners to cover the additional cost of repair or
replacement not covered by the insurance proceeds, in addition to any other common assessments
made against such Lot Owners.
ARTICLE 16
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so,
Declarant reserves the right to develop as single family residential subdivisions additional lands that
would be in addition to and are nearby the land described in Exhibit A("Additional Lands").
Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project
without the assent of the members of the Association; PROVIDED, however, that the annexation of •
Additional Lands described in this Article shall be adjacent to the then existing Project. Such
Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by
land which: (i) is owned by Declarant,the Association or the Lot Owners as tenants in common; or
(ii) is owned by or dedicated to the public or a governmental agency or instrumentality; or(iii) is
available for the use or benefit of the Association or Lot Owners by easement or otherwise; or(iv) is
a public or private street,path, bicycle path,railroad track or other improvement or easement for
public transportation or utility service. Although not obligated to do so, Declarant reserves the right
to discontinue development of and withdraw from the Project any unplatted land within the Project,
including any Additional Lands previously annexed, without the assent of the members of the
Association.
16.2 Non-Declarant Annexations. Annexation of Additional Lands other than Declarant
annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees
and Declarant as provided in Section 14.1.
16.3 Common Areas Within Additional Lands. Common Areas within any Additional
Lands subsequently annexed to the existing Project shall be available for the common use of all
Owners of Lots within the existing Project as well as within such subsequently annexed Additional
Lands. Likewise, Common Areas within the existing Project shall be available for the common use
of all Owners of Lots within such subsequently annexed Additional Lands as well as within the
existing Project.
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ARTICLE 17
MISCELLANEOUS
17.1 Notices. Any written notice, or other document as required by this Declaration, may
be delivered personally or by mail. If by mail, such notice,unless expressly provided for herein to
the contrary with regard to the type of notice being given, shall be deemed to have been delivered
and received forty-eight(48)hours after a copy thereof has been deposited in the United States first-
class mail,postage prepaid,properly addressed as follows:
(a) If to an Owner, other than Declarant, to the registered address of such Owner,
as filed in writing with the Board pursuant to the requirements of the Bylaws, or if no such address is
filed, then to the address of the Owner's Lot.
(b) If to Declarant,whether in its capacity as an Owner, or in any other capacity,
to the address which Declarant shall have advised the Board in writing.
(c) Prior to the expiration of the Declarant's management authority pursuant to
Section 5.2,notices to the Board shall be addressed to the address set forth in(b) above. Thereafter,
notices to the Board shall be addressed either to an address to be posted by the Board at all times in a
conspicuous place or to the registered office of the Association. In addition, from and after the
expiration of the Declarant's management authority, notice of the address of the Association shall be
given by the Board to each Owner,within a reasonable time after the Board has received actual
notice of such Owner's purchase of a Lot.
17.2 Conveyances,Notice Required. The right of an Owner to sell, transfer, or otherwise
convey his/her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar
restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to
sell a Lot shall deliver a written notice to the Board at least two (2)weeks before closing, specifying:
the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title
insurance company insuring the purchaser's interest; and the estimated closing date. The failure of an
Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have
the right to notify the purchaser, the title insurance company, and the closing agent of the amount of
unpaid assessments and charges outstanding against the Lot,whether or not such information is
requested.
17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to
the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs,
personal representatives, grantees, lessees, subleases and assignees of the Owners.
17.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of
each of the Owners thereof in connection with
the liabilities and obligations of Owners set forth in or
imposed by this Declaration shall be joint and several.
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17.5 Mortgagee's Acceptance.
17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon
any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and
subordinate to said Mortgage.
17.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the
conveyance of title to any Lot until each Mortgagee of record at the time of recording of this
Declaration shall have accepted the provisions of this Declaration and made appropriate
arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording
of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of
this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining
subject to its Mortgage; provided,that, except as to Lots so released, said Mortgage shall remain in
full effect.
17.6 Severability. The provisions hereof shall be deemed independent and severable, and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision hereof.
17.7 Effective Date. The Declaration shall take effect upon recording.
17.8 Government Right of Access. Governmental entities shall have rights of access and
inspection for the open space area and any drainage facilities contained therein.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first
hereinabove written.
DECLARANT:
WATERBURY, LLC,
a Washington limited liability company
40
By. �_•�__ 4
4111Pfr
e ey Briton lton
Its: Chief Fina-cial Officer
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STATE OF WASHINGTON )
) ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Jeffrey E. Hamilton is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute this instrument and acknowledged it as the Chief Financial Officer of
WATERBURY, LLC, a Washington limited liability company,to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument.
DATED: 09 1,94 , 2004.
SUZANNEBARNES OU a v& `' �
Print Name` .U7Cinne--[iarnPS
STATE OF WASHINGTON NOTARY PUBLIC in and for the State of
NOTARY PUBLIC Washington,residing at
L'Y C01G�tiSS10N EXPIRCS 2-16-06 My Appointment expires: a•/6 o
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111111 ,
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EXHIBIT A
Legal Description of the Project
Future Lots 1-115 of The Plat of Sunnybrook, to be created from the following real
property upon Final Plat Approval:
PARCEL 1:
THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING
COUNTY,WASHINGTON;
EXCEPT THAT PORTION THEREOF LYING WITHIN A 60-FOOT STRIP OF LAND CONVEYED TO KING
COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1597513;
AND EXCEPT THE EAST 30 FEET OF SAID SUBDIVISION;
TOGETHER WITH A PERPETUAL EASEMENT FOR ROAD PURPOSES OVER,ACROSS AND UPON SAID
EXCEPTED EAST 30 FEET.
PARCEL 2:
THE WEST 660 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,
WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON.
PARCEL 3:
THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,WILLAMETTE
MERIDIAN,IN KING COUNTY,WASHINGTON,LYING WESTERLY OF COUNTY ROAD CONVEYED TO
KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1597513;
EXCEPT THE EAST 1.5 ACRES OF THE NORTH 150 FEET THEREOF;
AND EXCEPT THAT PORTION OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 29,FROM WHENCE THE
SOUTHWEST CORNER OF SAID SECTION BEARS SOUTH 86°50'15"WEST 580.86 FEET;
THENCE NORTH 00°28'30"EAST 178.95 FEET,MORE OR LESS,TO A POINT WHICH LIES
150 FEET SOUTHERLY OF THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 87°08'32"EAST ALONG A LINE PARALLEL WITH AND 150 FEET SOUTHERLY OF
SAID NORTH LINE 421.86 FEET,MORE OR LESS,TO THE NORTHWESTERLY MARGIN OF COUNTY
ROAD;
THENCE SOUTHWESTERLY ALONG SAID ROAD MARGIN 185.80 FEET TO SAID SOUTH LINE OF
SECTION 29;
THENCE SOUTH 86°50'15"WEST ALONG SAID SOUTH LINE 374.66 FEET,MORE OR LESS,TO THE
POINT OF BEGINNING;
TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 29 LYING WESTERLY OF
COUNTY ROAD CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER
1597513;
EXCEPT FROM SAID EASEMENT THE WESTERLY 580.86 FEET.
30
•
PARCEL 4:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 23 NORTH,RANGE 5 EAST,WILLAMETTE MERIDIAN,IN KING COUNTY,WASHINGTON,
LYING EASTERLY OF THE PLAT OF TALBOT HILL HOMES,ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 59 OF PLATS,PAGE 88,IN KING COUNTY,WASHINGTON.
PARCEL 5:
THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,WILLAMETTE
MERIDIAN,IN KING COUNTY,WASHINGTON,LYING WESTERLY OF I. G.CARR ROAD REVISION NO.
3,AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 1597513;
EXCEPT THE WEST 660 FEET THEREOF;
AND EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29;
THENCE NORTH 01°52'36"EAST 665.35 FEET,MORE OR LESS,TO THE NORTHERLY LINE OF SAID
SUBDIVISION;
THENCE NORTH 87°26'49"EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 02°33'11"EAST 78.00 FEET;
THENCE NORTH 87°26'49"EAST,PARALLEL TO THE NORTHERLY LINE OF SAID
SUBDIVISION, 152.45 FEET,MORE OR LESS,TO THE NORTHWESTERLY MARGIN OF THE I.G. CARR
. ROAD REVISION NO.3,AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING
NUMBER 1597513;
THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET,MORE OR LESS,TO THE
NORTHERLY LINE OF SAID SUBDIVISION;
THENCE SOUTH 87°26'49"WEST ALONG SAID NORTHERLY LINE 237.08 FEET,MORE OR
LESS,TO THE TRUE POINT OF BEGINNING.
PARCEL 6:
THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST,WILLAMETTE
MERIDIAN,IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29;
THENCE NORTH 01°52'36"EAST 665.35 FEET,MORE OR LESS,TO THE NORTHERLY LINE OF SAID
SUBDIVISION;
THENCE NORTH 87°26'49"EAST ALONG SAID NORTHERLY LINE 993.54 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 02°33'11"EAST 78.00 FEET;
THENCE NORTH 87°26'49"EAST,PARALLEL TO THE NORTHERLY LINE OF SAID
SUBDIVISION, 152.45 FEET,MORE OR LESS,TO THE NORTHWESTERLY MARGIN OF THE
COUNTY ROAD AS CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING
NUMBER 1597513;
THENCE NORTHEASTERLY ALONG SAID MARGIN 115.09 FEET,MORE OR LESS,TO THE
NORTHERLY LINE OF SAID SUBDIVISION;
THENCE SOUTH 87°26'49"WEST ALONG SAID NORTHERLY LINE 237.08 FEET,MORE OR
LESS,TO THE TRUE POINT OF BEGINNING.
31
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EXIII.Bl.T 13
Common Fence Design Standards
Full Panel Cedar Fence
Fence Height 6' .;
Post Size: 4-US"x-1-tiS" Pressure treated
Board Size: lx 4x 6'or lx 6x 6' Cedar tight knot
Cap: 2"Cedar tight knot
Horizontal : 2x4 Cedar tight knot
Top Cap Board: 2x4 Cedar tight knot
• Fascia: 1 x4 Cedar tight knot
Post Spacing: S"Maximum
Post Depth: S" Diameter and 24"Deep
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EXIII BEI' C
Alternate Common Fence Design Standards
Full Panel Cedar Fence
Fence Height 6' .
Post Size: 4-1/3"x 4- .S" Pressure.treated
Board Size: I x-Ix o'or Ix 6x 6' Car 11,211 knot
Can: 2"Cedar tight knot
Horizontals: 2x4(T:edar tight knot
Fascia: i x4 Cedar right knot
Post Spacing: 3"Maximum
Post Depth: S" Diameter and 24" Deep
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