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20010601000456 : -
2.41 OF RENTON DPC 18.00
PAGE 001 OF 011
Return Address: 06/01/2001 11:06
KING COUNTY, WA
City Clerk's Office
City of Renton
1055 S. Grady Way
Renton WA 98055
Please print or type information
Document Title(s):
Declaration & Covenants, Conditions, Restrictions & Reservations for
F.1 i 7eheth Place
Reference Number(s) of Documents assigned or released:
[on page of document(s)]
cca
Grantor(s)(Last name first,then first name and initials):
1.4-7 1.Arcarius Howes, LLC
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2
c1 3.
4. 0 Additional names on page of document
Grantee(s) (Last name first,then first name and initials):
1 Elizabeth Place Home Owners Association
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2.
3.
4. ❑ Additional names on page of document
awe
Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
A portion of C.D. Hillman's Lake Wash. Garden of Eden No. 04, according
to the Plat recorded in Volume 11 of Plats at page 82, in King County,
Washington. King County Assessors No. 3343900-0326
L '
0 Additional legal is on page of document
Assessor's Property Tax Parcel/Account Number: •
334390-0322•
334390-0324 •
❑ Additional legal is on page of document
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
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DECLARATION
AND
COVENANTS, CONDITIONS, RESTRICTIONS AND
RESERVATIONS
FOR
ELIZABETH PLACE
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goo/
THIS DECLARATION, made this 92 day of /1l/9-y , 2090; by Arcarius
Homes, LLC, hereinafter called "Developer."
WITNESSETH:
WHEREAS,Developer is the owner of the real property described in Article II and
desires to create thereon a residential community with common facilities for the benefit of said
community; and
WHEREAS,Developer desires to provide for the preservation of the values in said
community and for the maintenance of said common facilities; and,to this end, desires to subject
the real property described in Article II to the covenants, conditions, restrictions, reservations,
easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit
of said property and each owner thereof, and
WHEREAS,Developer has deemed it desirable for the efficient preservation of the values
in said community to create an agency to which should be delegated and assigned the powers of
maintaining and administering the community properties and facilities, and administering and
enforcing the covenants and restrictions, and collecting and disbursing the assessments and
charges hereinafter created; and
WHEREAS, Developer has incorporated, or will cause to be incorporated, under the laws
of the State of Washington, a non-profit corporation, Elizabeth Place Home Owners Association,
for the purpose of exercising the above-stated functions;
NOW, THEREFORE the Developer declares that the real property described in Article II
is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, reservations, easements, charges and liens(sometimes hereinafter referred to as
"CC&R's)hereinafter set forth.
a' ARTICLE I.
Definitions
The following words,when used in this Declaration or any Supplemental Declaration,
_ shall have the following meanings:
(a) "Association" shall mean Elizabeth Place Home Owners Association.
(b) "The properties" shall mean all such existing properties and additions thereto as are
subject to this Declaration or any Supplemental Declaration under the provisions of Article II.
(c) "Common Properties" shall mean those areas of land shown on any recorded
subdivision plat of the Properties and intended to be devoted to the common use and enjoyment
of the owners of the Properties. Common property is Tract A, Elizabeth Place.
(d) "Lot" shall mean any plot of land shown upon any recorded subdivision plat of the
Properties with the exception of Common Properties as heretofore defined, and streets or other
land dedicated to public use. Lots are Lots 1-17, Elizabeth Place.
(e) "Owner" shall mean,whether one or more persons or entities, the record owner of the
fee simple title to, or the contract purchaser of, any Lot situated upon the Properties,but shall not
mean the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or
a proceeding in lieu of foreclosure,
(f) "Plat" shall mean and refer to the plat of Elizabeth Place as
•— i ecorded under King County Recording No. 200104901C00 455 .
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(9) "Member" shall mean all those Owners who are members of the Association as
provided in Article III, Section I.
ARTICLE II
Property Subject to This Declaration:
Additions Thereto
Section 1. Existing Property. The real property which is and shall be held, transferred,
sold, conveyed and occupied subject to this Declaration is located in King County, Washington,
and is more particularly described as follows:
Parcel A: The north half of the south half of Lot 211, C.D. Hillman's Lake Washington Garden of
Eden Addition to the City of Seattle,Division Number 4, according to the plat thereof recorded in
Volume 11 of Plats, page 82,in King County, Washington; and
Parcel B: The south half of the south half of Lot 211, C.D. Hillman's Lake Washington Garden of
Eden Addition to the City of Seattle,Division Number 4, according to the plat thereof recorded in
Volume 11 of Plats, page 82, in King County, Washington.
which real property shall hereinafter be referred to as "Existing Property."
Said property has been or shall be divided into Lots 1-17 and Tract A, Elizabeth Place,
with dedication of streets to the City of Renton.
Section 2. Additions to Existing Property. Upon approval of the Association, the Owner
of any property who desires to add it to the scheme of this Declaration and to subject it to the
jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and
Restrictions as above described.
�,. ARTICLE III
Membership.Rights and Duties in the Association
Section 1. Membership. Every person or entity who is a record owner of a fee interest in,
or a contract purchaser of, any Lot which is subject by covenants of record to assessment by the
Association shall be a Member of the Association.
Section 2. Rights and Duties. Members shall be entitled to one vote for each Lot in
which they hold the interests required for membership. When more than one person holds such
interest in any Lot all such persons shall be Members, and the vote for such Lot shall be exercised
as they among themselves determine, but in no event more than one vote be cast with respect to
any such Lot.
Section 3. Board of Directors. Until the earlier of January 1, 2002, or the date upon
which the developer conveys the last lot owned by it, management of the Association shall be
provided by the developer and all functions of a board of directors shall be performed by the
developer. After the developer turns management and control of the Association over to the
members, a board of directors shall be elected as set forth in the bylaws of the Association.
Page 2 of 9
ARTICLE IV.
Property Rights in the Common Properties.
Section L Members'Easements of Enjoyment. Subject to the provisions of Section 3,
every Member shall have a right and easement of enjoyment in and to the Common Properties and
such easement shall be appurtenant to and shall pass with title to every Lot.
Section 2 Title to Common Properties.The Developer may retain the legal title to the
Common Properties until such time as it has completed improvements thereon and in the opinion
of the Developer the Association is able to maintain the same but,notwithstanding any provision
herein,the Developer hereby covenants for itself, its heirs and assigns that it shall convey the
Common Properties to the Association not later than December 31,2001.
Section 3.Extent of Members'Easements.The rights and easements of enjoyment
created hereby shall be subject to the following:
(a)the right of the Developer and of the Association,in accordance with its Articles and
Bylaws,to borrow money for the purpose of improving the Common Properties and in aid thereof
to mortgage said properties;
(b)the right of the Association to take such steps as are reasonably necessary to protect
the above-described properties against foreclosure;and
(c)the right of the Association,as provided in its Articles and Bylaws,to suspend the
enjoyment rights of any Member for any period during which any assessment remains unpaid,and
for any period not to exceed thirty(30)days for any infraction of its published rules and
regulations.
ARTICLE V
Covenant for Maintenance Assessments
Section L Creation of the Lien and Personal Obligation of Assessments.Each Owner of
Lc; any Lot within the Properties by acceptance of a deed therefor,whether or not it shall be so
expressed in any such deed or other conveyance,shall be deemed to covenant and agree to pay to
4:= the Association:(1)annual assessments or charges,(2)special assessments for capital
C7' improvements,and such assessments to be fixed and collection from time to time as hereinafter
provided. The annual and special assessments,together with such interest thereon and costs of
c=1 collection thereof as hereinafter provided,shall be a charge on the land and shall be a continuing
tca lien upon the property against which each such assessment is made.Each such assessment,
together with such interest thereon and cost of collection thereof as hereinafter provided,shall
also be the personal obligation of the person who was the Owner of such property at the time
C•4' when the assessment fell due.
Section 2.Purpose of Assessments.Maintenance of all common stormwater and private access
improvements shall be provided by theseassessments and are a purpose for which assessments
are levied.The assessments levied by the Association shall beused exclusively for the purpose
of promoting the health,safety and welfare of the residents in theProperties and, in particular,
for the improvement and maintenance of the Properties'services and
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facilitiesdevoted to thisand related to the use and enjoymentof the Common Properties,
purpose
including but not limited to,the payment of taxes and insurance thereon and repair,replacement
and additions thereto,and for the cost of labor,equipment,materials,management and
supervision thereof.
Section 3.Basis and Maximum of Annual Assessments.Beginning January 1,2001,the
annual assessment shall be$150.00 per Lot.
Section 4.Succeeding Annuill Assessments.From and after January 1,2002,the annual
assessment may be increased by vote of the Members,as hereinafter provided,for the next
succeeding three years and at the end of each such period of three years for each succeeding
period of three years.The annual assessment so fixed may be a level amount or may be set at a
different amount for each of the three years.
The Board of Directors of the Association may,after consideration of current and future
needs of the Association,fix the actual assessment for any year at a lesser amount.The annual
assessments must be adequate,however,to reasonably maintain the common stormwater
improvement.This assessment may not be eliminated without written approval of the"City of
Renton."
Section Special Assessments for Capital Improvements.In addition to the annual
assessments authorized by Section 3 and 4 hereof,the Association may levy in any assessment
year a special assessment applicable to that year only for the purpose of defraying,in whole or in
part,the cost of any construction or reconstruction,unexpected repair or replacement of a capital
improvement upon the Common Properties,including the necessary fixtures and personal
properly related thereto,provided that any such assessment shall have the assent of two-thirds of
the votes of the Members who are voting in person or by proxy ata meeting duly called for this
purpose,written notice which shall be sent to all Members at least thirty(30)days in advance and
u, shall set forth the purpose of the meeting.
Section 6. Change in Basis and Maximum of Annual Assessments. Subject to the
limitations of Section 4 hereof,and for the periods therein specified,the Association may change
the maximum and basis of the assessments fixed by Sections 3 and 4 hereof prospectively for any
such period,provided that any such change shall have the assent of two-thirds of the votes of the
Lc, Members who are voting in person or by proxy at a meeting duly called for this purpose,written
notice of which shall be sent to all Members at least thirty(30)days in advance and shall set forth
the purpose of the meeting.
Section 7 Quorum for Any Action Authorized Under Sections 3.4.and 5.The quorum
required for any action authorized by Sections 3,4 and 5 hereof shall be as follows:
At the first meeting called,as provided in Sections 3,4,and 5 hereof,the presence at the
meeting of Members or of proxies entitled to cast sixty(60)percent of all the votes of each class
of membership shall constitute a quorum.If the required quorum is not forthcoming at any
meeting,another meeting may be called,subject to the notice requirements above set forth and the
required quorum at such subsequent meeting shall be one-half the required quorum at the
preceding meeting,provided that no such subsequent meeting shall be held more than sixty(60)
days f flowing the preceding meeting.
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Section 8. Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence on January 1, 2001.
The first annual assessments shall be made for the calendar year and shall become due and
payable on January 1,2001. The assessments for any year after the first year shall become due
and payable on the first day of January of said year.
The due date of any special assessment under Section 4 hereof shall be fixed in the
resolution authorizing such assessment.
Section 9. Duties of the Board of Directors. The Board of Directors of the Association
shall fix the amount of the assessment against each Lot for each assessment period at least thirty
(30) days in advance of such date and shall, at the time, prepare a roster of the properties and
assessments applicable thereto which shall be kept in the office of the Association and open for
inspection by any Owner.
Section 10. Effect of Non-Payment of Assessment: The Personal Obligation of the
Owner: The Lien: Remedies of Association. If the assessments are not paid on the date when
due, then such assessment shall be delinquent and shall,together with such interest thereon and
cost of collection thereof as hereinafter provided,thereupon become a continuing lien on the
property which shall bind such property in the hands of the then Owner, his heirs, devises,
personal representatives and assigns. The personal obligation of the then Owner to pay such
assessment, however, shall remain his personal obligation for the statutory period and shall not
pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty(30) days after the delinquency date,the
`_' assessment shall bear interest from the date of delinquency at the rate of twelve(12)percent per
annum, and the Association may bring an action at law against the Owner personally obligated to
o pay the same or to foreclose the lien against the property, and there shall be added to the amount
a reasonable attorney's fee.
Section 11. Subordination of the Lien to Mortgages. The lien of the assessments
provided herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter
placed upon The Properties subject to assessment; provided, however, that such subordination
shall apply only to the assessments which have become due and payable prior to a sale or transfer
of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of
foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments
thereafter becoming due,nor from the lien of any such subsequent assessment.
Section 12. Exempt Property. The following property subject to this Declaration shall be
exempted from the assessments, charges and liens created herein: (a) all properties to the extent
of any easement or other interest therein dedicated and accepted by the local public authority and
devoted to public use; (b) all Common Properties as defined in Article I, Section 1, hereof; (c)
subject to Article III, Section 2, all properties owned by the Developer or by the Developer's
mortgagee, but not after conveyance by either of them; and (d) all properties exempted from
taxation by the laws of the State of Washington upon the terms and to the extent of such legal
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exemption.
ARTICLE VI
Architectural Control Committee
Section 1. Structure of the Committee. An Architectural Committee composed of at least
three Members shall be created by the Association after all lots in Elizabeth Place have been sold
by the developer. A majority of the Committee may designate a representative to act for it.
Neither the members of the Committee nor its designated representative shall be entitled to any
compensation for services performed pursuant to this covenant.
Section 2. Review by Committee. After creation of the Architectural Committee, no
building shall be erected, placed or altered on any Lot until the construction plans and
specifications and a plan showing the location of the structure have been approved by the
Architectural Committee as to quality of workmanship and materials, harmony of external design
with the existing and contemplated future structures, and as to location with respect to
topography and finished grade elevation. All plans and specifications for approval by the
Architectural Committee must be submitted in duplicate at least ten(10) days prior to the
proposed construction starting date. The maximum height of any residence shall be established by
the Architectural Committee as a part of the plan approval and shall be given in writing,together
with the approval. One set of approved plans must be on the job site at all time.
Said plans or specifications shall be prepared by an architect or competent house designer
approved by the Architectural Committee. All buildings or structures shall be erected or
constructed by a contractor or house builder approved by the Architectural Committee. The
Committee's approval or disapproval as required in these covenants shall be in writing. In the
event the Committee fails to approve or disapprove within thirty(30)days after plans and
specifications have been submitted to it as above described, the Committee's approval will not be
required and this covenant shall be deemed to have been fully complied with.
ARTICLE VII
Building Restrictions and Limits
Building Restrictions. A building site shall consist of one or more Lots.
No building or structure shall be erected, constructed or maintained or permitted upon
such Lots except upon a building site as hereinabove defined, which building or structure shall be
a single, detached dwelling house to be occupied by not more than one family and attendants or
domestic servants of that family. No school, church, kennel, outbuilding or detached garage or
carport, or any other structure not suitable for, and actually used for, residential purposes of a
single family shall be erected, constructed, maintained or permitted.
No dwelling shall be permitted, the construction cost of which is less than$120,000.00
(exclusive of land and landscaping)based upon the cost levels prevailing on the date these
Page 6 of 9
Section 1. Construction. No structure of a temporary character,trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, either
temporarily or permanently. All construction which shall have been started shall be diligently
prosecuted to completion, subject only to delays caused by the elements, strikes or acts of God.
Section 2. Noxious Use of Property. No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
The streets in the Properties shall not be used for overnight parking of any vehicle other
than private family automobiles. The said streets shall not be used at any time for parking or
storage of any boat, boat trailer, house trailer or other non-self propelled land vehicle. No boat,
boat trailer, house trailer, automobile, truck or other vehicle or any part thereof shall be stored or
permitted to remain on any Lot unless the same is stored or placed in a garage or other fully
enclosed space.
No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or
other waste shall not be kept except in sanitary receptacles which shall be the underground type.
All equipment for the storage or disposal of such material shall be kept in a clean sanitary
condition. No incinerators or above-ground containers of any type shall be permitted. Plans
submitted to the Architectural Committee for approval shall show the location and inclusion of
underground garbage receptacles.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot
except that dogs, cats or other household pets may be kept provided thy are not kept bred or
maintained for any commercial purposes and, provided further, that there shall be not more than
L, two household pets kept or maintained at any one residence at one time.
No sign of any kind shall be displayed to the public view of any Lot except for a sign or
placard displaying the address of the property and name of the occupant, and except one sign of
r— not more than five square feet advertising the property for sale or rent, or signs used by a builder
to advertise the property during the construction and sales period.
�., 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
c`v used in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
All mail boxes must be of a standard accepted by the U.S. Postal authorities and must be
located in those areas designated by the U.S. Postal Department. Structures containing such mail
boxes must be approved by the Architectural Committee as herein set forth.
Every garage or carport constructed on the Properties shall have a paved floor and the
area used as the driveway to said garage or carport shall be asphalt or concrete from the edge of
said garage or carport to the edge of the finished surface of the country road. Said driveway shall
be constructed at Owner's expense.
ARTICLE X
General Provisions
Section 1. Duration. The covenants and restrictions of this Declaration shall run with and
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bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner
of any Lot subject to his Declaration, until January 1, 2025, after which time said covenant shall
be automatically extended for successive periods often(10)years unless an instrument signed by
the then Owners of two-thirds of the Lots has been recorded agreeing to change said covenants
and restrictions in whole or in part, provided, however, that no such agreement to change shall be
effective unless made and recorded three(3)years in advance of the effective date of such
changes and unless written notice of the proposed agreement is sent to every Owner at least
ninety(90) days in advance of the action taken.
Section 2. Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate any
covenant or restriction either restrain the violation or to recover damages and against the land to
enforce any lien created by these covenants; and failure by the Association or any Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by
judgment or Court Order shall in no wise affect any other provision herein, but the same shall
remain in full force and effect.
Executed at c.4-21.2 i D r✓ , Washington this 2-day of /3/ ,2890.
by' i.�-
STATE OF WASHINGTON
County of King
`J On this day personally appeared before me Brad Olschefski to me known to be the managing member of the
limited liability company that executed the within and foregoing instrument,and acknowledged said instrument to
be the free and voluntary act and deed of said company,for the uses and purposes therein mentioned,and on oath
stated that he was authorized to execute said instrument as the act of the corporation.
GIVEN under my hand and official seal a e> er MO .2-0o
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