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Return Address:
City Clerk's Office 319001444
City of Renton
1055 S. Grady Way z,0�� 3s.00
CITY OF RENTON DPC
Renton WA 98055 0361 001° 10320
KING COON' W�
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Document Title(s):
m 2652) /c7 oa4
ad i�b�t,!l�t.�7�S C.(9/c.i.0/17C71c� �f-r,,> •
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Reference Number(s)of Documents assigned or released:
[on page of document(s)]
Grantor(s)(Last name first,then first name and initials):
1. foAc„ i-.,;3 o
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3.
4. 0 Additional names on pageof document
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Grantee(s)(Last name first,then first name and initials):
1. C/r y F` £c i%'"'
0 2.
vs:
3.
4. 0 Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township,range):
56 £�`i ,6,' A
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❑ Additional legal is on page of document
Assessor's Property Tax Parcel/Account Number:
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0 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
COVENANTS, CONDITIONS &
RES'FRICTIONS
EAGLESUDGE
110111141,OWNERS" ASSOCIATION
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TAnJ..,J (./IF CONTENTS
i\R i It•I_.I; I
111:111\11 I It INti . . . . . . . . . . . . . . . . I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AR .F II
I'RI: IiXIS.1 II'i(; ICES.,ItR:I IUN.'.i
AK"I It'I.I; III
I IEVEI,UI'NIEN I PERIOD:
1 IANA(;1 NIENI. ILIUM IS OF DI:CLAItANT DURING DEVL'LOPMIiN I
AR I IR'I.I IV I
I)I IJ) AND l)t_.I.)I("i\I RIM Ur CUTINI()li! ARFAS
ARIWIT, V 5
o DELI) AND I)lil)ICA fl.N OF CASUVIU FI S
AR I It_I,li VI
ADAIINIS"I ItA I ION AND USE OF COMMON AREAS AND
• •(.0MMIt_)N MAINTENANCE ENANCE AREAS
AR I I(.'I,F, VII
t—,
, MAINFI ENANCIi OF 't IlE COMMON AREAS AND COMMON MAINTENANCE AREAS 6
DI.:1.1.A;KI ION OF MANAUEMI:N f •
Alt I ICU VIII g
ASSESSMEN IS
AltIU I.I: IX IU
MAIN I ENANCE, t)f 1:(1I5
AR-I WEE X 12
lit IM LOWNFKS' ASSUCIA IIUII
A It i l( L,E XI
12
MIANAUENIENT DVBOARD
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Alt IIUIii XII 15
LAND) !ISE ItES.I ILII' R)NS
AR-I It_'Iii XIII ly
1311Iii)IN(.; RES.!RICI IONS
ARIR:LF. XIV 22
11.111.1.1 IFS
AItIIEEE XV 22AIt( III I EUI UItAL CUN-fIwwI.,
ARI ICLI•, XVI
26
(;I.NE.ItAI I. PROVISIONS
EXIIll)I l' "A"
I.li(;Al. I)ESCItII'I IUhd
EXIIIIIII "II"
i'R141.It\IIIIARY )iii UKn4A l lurl WORNSIII:,L:I
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DECLARATION
OF COVENANTS,CONDITIONS ANI)RESTRICTIONS
OF
EAOLl UIDGL?
'FIIIS DECLARATION is made on the date hereinafter set forth by PACIFIC HUTS&CASTLES,INC.
("Declarant"),who is the owner of certain land situated in the State of Washington,County of King
known as Eagle Ridge which is more particularly described on the attached Exhibit"A". In order to
ensure preservation of the high quality residential environment at Eaglet idge.Declarant agrees and
covenants that all land and improvements now existing or hereafter constructed thereon will be held,sold,
conveyed subject to,and burdened by the following covenants,conditions,restrictions,reservations,
limitations,liens and easements,all of which are for the purposes of enhancing and protecting the value,
desirability and attractiveness of such lands for the benefit of all of such lands and the owners thereof and
c=) their heirs,successors,grantees and assigns. All provisions of this Declaration shall be binding upon all
parties having or acquiring any right,title or interest in such lands or any portion thereof and shall inure
er to the benefit of each owner thereof and to the benefit of Eaglegtidge I lomeowners'Association and shall
otherwise in all respects be regarded as covenants running with the land.
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ARTICLE I
DEFINITIONS
For the purpose(Attie Declaration and the Articles of Incorporation and the Bylaws of Eagle Ridge
I lomeowner's Association,certain words and Phrases shall have particular meanings as follows:
Section I."Association"shall mean and refer to Eagleytidge I lomeowner's Association,its successor's
and assigns.
Section 2."Board"shall mean and refer to the Board of Directors of the Association,as provided for in
Article X. For purpose of exercising the powers and duties assigned in this Declaration to the Board
during the development period,this terns shall also mean the"Temporary Board"or"Declarant"as
provided in Article I l I unless the language or context clearly indicates otherwise.
Section 3."Properties"shall mean and refer to the real properly described with particularity in Exhibit
"A"and such additions to that property which may hereinafter be brought within the jurisdiction of the
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Association.
Section 4."Common Areas"shall mean and refer to all of the real property(including the improvements
thereto)owned in undivided ownership by the owners of all 17 lots within EagleOtidge and maintained by
the Association for the common use and enjoyment of the members of the Association.The Common
Areas to be maintained by the Association are described as follows"
Page I of 27
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AR 11CLI It
Pltl,-EX r tutu RI.STRICA-IONS
II the Properties covered by this Declaration ate already affected by previous covenants.
nes(riclions, conditions, and encumbrances (collectively "ptior testi idiom"), the Propel ties will continue
to be subject to such !riot restrictions to the extent the pt for restrictions are valid and legally enforceable.
Altll :lJ. III
lil.:vI.LU1'rciLN I I'tatlOI: MANAGEMENT RIGHTS O1
DEt1.ARArfr DURING DEVELOPMENT
)_c1iutl I-. j_Iallagementby._U_eclat_artt. Development pet iod shall mean that pet iod of time from
the date of reconling the Decimation until (I) the date seven (7) years from (Ire date of recording this
I)ecl:ualion o► (2) the thirtieth (30) day aflet Declarant has 0ansferied title to the putchasets of Lots
representing 100 percent of the total voting power of all Lot Owners as then'constituted (so that Declarant
o no longer is entitled to vote either as a Class A or Class I) member of the Association pursuant to
Article X. Section 3)of (3) the dale on which Declarant elects to permanently relinquish all of Decla ranl's
authority under this Article III by written notice to all ()miens, whichever date first occurs. Nolwitl►stand-
Cr) ing anything inn this Declaration to the condi y, until ten initiation of the Development period, either upon
o the sale of the recruited number of Lots, the expiration of seven CO years, or at the election of the
ev Declarant, tire Property shall be managed and the Association organized at the stile discretion of the
Declau ant.
Scclion 1. flulice._fo t)c_v_lieis. Not less than ten (10) nor mote than thirty (311) days pi tor to the
let initiation of the development pet iod, the Declar ant shall give written notice of the termination of the
development pet kid to tine Owner of each Lot. Said notice shall specify the date when the development
period will let mimic and shall further notify the Owners of the date, place and time when a meeting of
the Association will Ire held. 'I he notice shall specify that (Inc purpose of(l►e Association meeting is to
elect new Officers and I./hectors of the Association. Notwithstanding any provisions of the Articles or
Itylacc s of the Association to the contrary, kit the purpose of this meeting, the presence, either in person
or by proxy. of the Owners of five (5) Lots shall constitute a quorum. The IJoatd of Diteclors and
Officers of the Association may be elected by a majority vote in said quorum. If a quorum shall not be
present. the development pet bra shall nevettimeless terminate on that date specified in said notice and it
stall then caller be the responsibility of the Lot Owners to provide for the operation of the Association.
- Sectio))_3. Declarant may inn I.)cca;uanl.'s sole discretion, and at such times as the Declarant deems
arlpropriate (including in the Articles of Incorporation of the Association, if the Declarant is the
Incorporator of the Association), appoint three persons who may be Lot Owitets, or ate teptesentatives
of collimate entities or °then entities which are Lot Owners, as at 'I'etnpoinly hoard. 'this Temporary
Ijoard shall Ire for all !imposes lite IJoatd of Directors of the Association, and shall have full authority
(including the authority to adopt or amend (lie initial or subsequent 13ylaws of the Association) and all
rights. responsibilities, privileges and duties to manage the Properties under this Declaration and shall be
sohjecl to all provisions of this t)ecl:v:rt.ion, (Inc Anticles and the llylaws. I'rovided that, alter selecting
a Ienrputany hoard, the I)ccl:nant, in tire exercise til the Declarant's sole. discretion, may at any time
Icamin:de the Iempnrany Ihrarcl and reassume the Declarant's management authority under Article III or
Page 3 of 27 5712 00'
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sella a ncty fcntpotaty Iry;tirl undo this scttion of Article III. When the Ueclatatt has appointed ;►
lempot at y Ilu;nd. the fcmpot;n y Ito;ud, tinting the development period, shall have, and may tally
c:teteise. any privet in atillt nits at anted Io the Pet'mitten! !tomtit alter Ilse development pet kid.
:;ecliilt._'t 5t, long as no Icupola?y Ilernd is managing the I'tulterties to uttlil stit.h tittle as the
lit sl pc!111311(:11( Ito:ud is eteutetl. should Uculatant choose not to appoint a Iempotaty Ito:utl. 1.)ecl;u:1111
of ;t ncutaging agent. selected Ity the ffeclatant shall have the power and authority to exercise all the tights.
duties and hunt thins of the Nair! and genet ally excicise all powcts necessary to catty out the provisions
nl this I)ecl;n;ttiun. including, but not limited to, enacting teasutahle adntinisttolive !tiles, contacting tot
tel!nil ed set vices. obtaining limpet!), and liability insurance, collecting and expending all assessments and
As 'riatioo fonds. and entotcing this Ilech;n tiun (including fotectusing any liens provided fin by this
Ilei Imation). Any .:;lith managing agent of the I)eclar:uH shall have the exclusive tight to contract lot all
gouts and stavices, payment lilt tvltith is to lie mode hum any ninnies collected flout assessments. In the
evert' that Association expenses exceed assessments, any monies provided by Declarant fon Association
ce, expenses that wonld (Act wise lie paid hit old of Association assessments shall be cuitsideted 9 loan to he
tcpaid to I)cc.l;uant tluough tegtdat 01 special assessments from the Association, together- with ititetest al.
oIl. percent (17_%) pct atimmt.
*:N4 S.et.lit�n i. these tciptitcments and covenants ate made to ensure that the l'ropetties will he
adetlnalely adtninisteted in the initial stage. of development and to ensure nit cutletly ttansilion Io
Assotialion ()petal.ions. Acceptance of am juiciest in a Lot evidences acceptance of this management
anlhot it y in I)cclatamt.
Section G. I)eclatant sleuth have the management authority granted by this Atticle III
notwithstanding anything in this Ucclaiatiun It, the 1.101111 y. Declarant, as the Incur pot atm ul the
Association, may cause. the Association It, he incutputatetl, the leiupotaty I)o:utl to be appointed either
in the Articles ul I11cuiputalioit of the Association of by scp:uat.e wtitt.en instrument, to ttatitillate the
Ienipotaty Itnmtl and teassume the Ueclm;uu's management authttity untlet This Article ill, tcappoint
surto ssot Icmgtoraty itoattls, of take ally (Abet act.ior► permitted by this Atticle III, all without affecting
the autim'icy given the Ueclai;mt by this Ailicle III to manage the I'ropetty and otgai►ize the Association
at the Uetl;ltant's sole discretion.
Alt I Ir'I,I IV
Lll_.fil) Aro) Ut:I)ICA IION OI C()11,1 114(01 AIt13AS
SecliotJJ. I)eclmmtl !tetchy Irmtslcts, conveys and grants title to all of the Common At eas of the
I'topetties to (lie Association tot the common use and enjoyment of the Association and the Uwnets in
accord will, the tel and conditions of this Ueclaiatiott tesetving, however, to the t)eclatant fur the
henclil of Ueclarant, his successors and itssigns, those certain tights of use, ingress, egress. occupation
and tomtit,' indicated clsewhete ill this Ueclatation lot the duration of the development pentad, at which
time this mesetvation shall cease and then lie of no futthet lot C6 and effect.
I'aee 'I of 21 5112 uu2
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ARTICLE V
DLIII) AND Dra)ILA I ION OF EASEMENTS
:_et,.tivtt I. Declarant hereby transfers and conveys to the Association fur the common use and
enjoyment of the Association and the Owners all easements created hereby for the purpose of landscaping.
utilities, and access. reser-ving, however, to Declarant for the benefit of Declarant. its successors and
assigns, an equal right to utilize all easements. The Deciat ant's and Association's tight to use such
easements ate subject to the right of the public to Ilse rights-of-way which have been dedicated as public
roads anti are open to public access. including emergency vehicle access.
Alt I I(::LE VI
AttnllrnsrltA fION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS
Q Secliuit_I. U!Y_ilels_Easoit(;n.13-of Enjoyment. Every Owner shall have a right in easement.
of enjoyment in and to the Common Ateas which shall be appurtenant to and shall pass with title (or, if
applicable, with the equitable title held by a teal estate contract purchaser), to every Lot subject to the
c*) following provisions:
ev (a) The tight of the Declar ant of the Association to charge reasonable admission and other lees
ao for it IC use of any recreational facility situated upon the Common Areas, and to establish use and opetation
N standards for all Common Ateas to be binding on all Association Members along with enforcement
st;tndatds.
(h► 1 he right of the Dec$at ant (doting the development pet iod) 01 the Association (alter the
development period) to suspend an Owner's tight to vote and to use any recreational facilities for any
pet hid doting which assessments against his or her Lot remain unpaid and for a period, not to exceed 60
days. for any, and each sepal ate. infraction of its published rules and regulations;
(c) 1 he tight of the Declar ant Outing the development period)_or the Association (after the
development pet iod) to dedicate or It ansfer all or any patt of the Common Areas to any public agency,
authority or utility for such purposes and subject to such conditions as the Declarant or Members, as
applicable, may deem appropriate. During the development period, any such dedication or transfer of all
or any pat! of the Common Areas pursuant to this Section may be made by the Declarant in the Declarant's
sole discretion. After the development pet iod, no such dedication or transfer shall be effective unless an
instrument agreeing to such dedication of transfer, signed by the Owners of two-thuds (2/3) of the Lots.
-has been recorded.
Sect lot! 2.2. lnstlt_altc.e. Nothing shall be done or kept in any Common Areas which will
increase the talc of insult once on the Common Areas or other Lots of Improvements without the prior
mitten consent of the I}oat d. Nothing shall be done or kept in any Common Areas which will result in
the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws
of ordinances.
Sec!of_3. AIliatiu0 of C 5>_uIt»uil nletts_andc.:ommou Maintenance Arenas. frothing shall he
altered, 1)t constructed in, or removed 111)111 any Common Maintenance Areas except upon pilot written
consent of the Committee. 1 bete shall be no consluction of any kind within the Common Areas except
IIhat community iitlptovements may be constucted if two-thirds (2/3) of the members of the Association
Page S of 27 5712.002
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;nrthor ize• (I) the consl1nc11on rl such improvements and (2) assessments for such improvements. Also.
any such improvements would he subject to the acquisition of all required permits from governmental
agencies. Ibis ,'section shall not limit or prohibit Declarant (and no member consent shall be t►ecessary).
Airing the dcvclol,menl pet iod. frons cons('tiding or altering any such improvements to any Connrion
Ateas or (:airman t\Iainten;nrct Areas, which the Declarant in I)C_clatant•s sole discretion. deems lin the
benefit ;nil enhancement of said atcas awl the Association in general.
aecliutt_`�. L)thrid)illg_ III (..orill)iSJ.1LAfeilS,_ .UI(ttl101-ataiIItt=1 un.:e_Ama l)l-_ialixe Uwwljl
t'_tvlec jvtl_f:ast'tttcitts. No hash. construction debris or waste, plant or grass clippings or other debris of
airy
kind. nor ha/Ardor; waste (as defined in any redo al, slate, or local law or regulation) shall he
dumped, deposited (II placed on any Common Areas. Common Maintenance Areas, or Native Uruwth
1'r olecl ion I:asr.'rruclrl
:i.ccaiuir .. Litilldsc_aPing_and Isucing. No permanent structures or landscaping of any kind.
including fences, walls, ot shrubs, may he built or placed within any right-of-way, easements, ur Native
(it owill Protection Easements as delineated on the plat except as deemed appropriate by the Committee.
Ibis 'imbibition shall not apply to the landscape and fence/Atonement sign improvements in the Common
hlaimen:ntce Ateas installed by Declarant. tier shall this Section prohibit the Association front installing
additional intproven►ents 01 landscaping within (lie designated Common Ateas or Common Maintenance
Areas. not shall this section ptohtibil the installation of fences by Lot Owners ort,properly lines as may be
otherwise allowed in this Declaration, not shall this section prvltibii the installation 01 landscaping on
private lot areas encumbered by utility easements not otherwise test;icteJ in (his Decimation as to land-
4=1 scaping. Also, this prohibition shall nut apply to landscaping of numor side yard areas of Lots extending
• itl to the edge of the curs, ot sidewalk in the public right-of-way as further set forth in Article XII,
N �utlion 12 of this Decla,alion
AR I lCLi; VII
MANN ENAN(:l OE 'i III_, c_:UMMON ARIAS AND COMMON MAINTENANCE AREAS
DELEGATION ION u1 MANAGEMENT
•Seclio.ti__f. .Mei.ttictt<Ufce f Lo niiuott_Aieas- Maintenance of the Common Areas and Common
P tainicn:utcc Areas and all improvements thereon shall he the sole responsibility ot the Association and
shall include, but not be limited to, mairrle Lance of the Common Areas and Common Maintenance Areas.
All maintenance of Erns and Residences located on Properties shall be the sole obligation of the Owne,,
provided, however, lire Association may, from time to time, provide certain common maintenance of Lots
and Residences as may be (felcrntincd to be in the best interests of all Owners. The Association shall
maintain and regulate the use of Common Areas for the benefit of each Lot within the plat, and shall do
all things necessary Iv preserte and maintain the Common Areas for the purpose intended. It shall be the
responsihility of the Association to maintain all tracts and any improvements thereon to preserve the value
of for the use and enjoyment of the Alen►hets of the Association in accordance with all restrictions and
limitations established for said tracts through this Declaration, the laws and ordinances Vtuc1 County,
Washington. and all other applicable statutes and regulations. The Declarant., during (lie development
pullout. and the lioarcl following the development pet iod, shall have the exclusive right to establish rise and
opuralioo standards fur said Common Ateas to 'neserve the value and desirability of said Conrinm Area:
lot Ilse enjoyment of the Members of the Association.
Page 6 of 21 :71: on,
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amt_it i_2. Iti�p.ms1(11lily_tot_Maltl)ltiuittg.Comm] 1vtai,i1eitatic)i Areas. The Association is
nesponsihle for maintaining and preserving the character of areas designated on the face of the plat as
Common Maintenance r\reas. of as defined in this Declaration as Common Maintenance Areas. Common
Maintenance Areas have !wen set aside for landscaping and community identification purposes.
Sccl un__3 I cIzait_of_C.uuutJ9-t�1ty,ts ilutl_C_otll1iotMajut iiitHS&_At-sty. Any damage to the
Common Areas or Common Maintenance Areas or inrplovements thereon. including landscaping plantings.
fences. beans, etc., by the Owners or their children shall be repaired within one (I) week by the Owners
who (or whose children) caused the damages. If the damage cannot reasonably be repaired within one
week. (lie time for the Owner to repair the Properly shall be extended to the time reasonably required to
repair the ['topetly. provided that the ()wile! promptly begins, and diligently pursues, the repair of the
damage. If such tepaits ate not made timely, the Association shall execute the repair and the Owner will
he obligated to immediately pay the Association or its designee for the. repair. If the Owner fails to
promptly make payment for such repairs, the Owner will be charged interest at the rate of 12 percent
(12%)per annum on the payment due, the payment due shall be a personal liability of the Owner, and the
amount of the payment due shall be a lien on the Owner's Lot.
C=' Ses_li 11 I\'laiA1CJJaiic_e_uL ei_itilliee. II shall be the responsibility of the Association to
Cr' maintain the entry monument as well as the entry landscaping.
c*s ec_tiuJt_5. naive,Glt►wUi I'tcKUioj1 L-a5eitteJ_t.s of Tuts. The Association shall not permit any
structures, filling, grading or obstirrc:tion to he placed beyond the building setback lines or within the
Native t itowth protection Easements or Tracts unless the Association obtains the approval of the County
c.a
Department of Public Works and the County Department of Building and Land Development. No
decks, patios, out buildings, or overhangs shall be permitted beyond the building setback line or within
the Native Growth Protection Easements or Tracts. Unless the Association obtains the approval of the
l;rw, ( onitty and/oi City of Renton Depat orient of Public Works and the City of Renton
and/ot County Department of Iluilding and Land Development, neither the construction of fencing
nor the cleating or removal of bees or vegetation shall be permitted within the areas of the Native Growth .
Protection Easements or •Tads. Dead trees or vegetation growing within the Native Growth Protection
Easements or•tracts which present a threat to life and properly due to decay or other natural causes may
he temoved upon obtaining the approval of the Association. In the event of any conflict between this
Section and the let ins of Article VI. Section 5. the tel of this Section shall control.
Secfi.on6. Managen)e_rit. Each Owner expressly covenants that the IJoatd and the Declarant,
dun Mg (lie development per iod, and the [torrid, after the development period, may delegate all or any
pot ion of their management authority to a mattaging agent, manager or officer of the Association and may
eliter into such management contracts or other set vice contacts to provide for maintenance of Common
-Areas and Common Maintenance Areas and any pot tion thereof. Any management agreement or
employment agreement Ion the maintenance or management shall be tet inirnable by the Association without
cause 010m 90 days' written notice thereof, the term of any such agreement shall not exceed three (3)
ye:ts, tenewable by agreement of the parties for successive periods of up to three (3) years each. Each
Owner is hound to observe the terns and conditions of any such management agreement or employment
contract, all of which shall be made available for inspection by any Owner on request. Any fees or
salaries applicable to any such management, employment or service agreement shall be assessed to each
owner-
rage 7 cif 27 57V 002
i\It l l l_:I.L VIII
ASSLSSNIFFI I S
Section,J. t:..ach Owner of any lot, by acceptance of :t deed thetelut, whether it shall be so
e.elut,ssed in each deed, is deemed to covenant and agree to Iraq to the Association (I) :um" tissessurents
or charges. (2)special assesstents for capital intptovenrents, and (3) any assessments made by Declarant
pntsuaut to this Declaration. If the Owner fails to timely pay any assessments within thirty (30) days of
the dale specified by the Association or Declar ant (riming the development pet kid). the annual and special
assessments. iogethet with any intetest, costs and any reasonable attorney fees incurred to collect such
assessnretts. shall he A lien (Al the land comp'icing the Lot, and shall beit continuing lien upon the Lot
:rpainst which such :tsressntcrtl is matte. Fault such assessment, together with any interest, costs anti
reasonable ;Mot ney fees inctuted in attempting to collect the easement, shall also be the personal obligation
of the person who is the Owner of such Property at the time when the assessment fell due. 'l he personal
obligation lot delinquent assessments shall continue even if the Owner subsequently transfers legal or
equitable title to tlse Lot: however, the petsonal obligation for delinquent assessments shall not pass to the
delinquent Uwnet's successors in owner ship of Ute Lot unless cxplessiy assumed by the successut(s). The
Association shall ►ectad such liens in the Office of the Kitsap County Audito►.
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c,, Section 2. l'til_pose_V_f_Assesamentts. '1 he assessments levied by•the Association shall be used
exclusively to (a) promote the recreation, health, safety and welfate of the residents of the Properties. and
(h) tot the inrptovenlents and maintenance of the Common Ateas and Conmlon Maintenance Areas as
en provided in Att.icle VI.
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C"si . /\otauaL_ASsc5.sll)c1t(. Uulil .1anuvy 2001, me alma' assessment shall be 'fell pet lot:
eta 2.; pet cent (25'lfi) of which shall he allocated and paid to the Declarant for plat management services
•-1 provided by the Declatant (ot by a professional management film hired by Declarant) to the Association.
.Such allocation of hinds to the Declarant shall cease when the development pet iod expires and the
Association assumes collection costs, bookkeeping, and other management responsibilities which are
described with p;uticulatity in the [Bylaws of the Association. The balance of the annual assessment shall
lie used by Declm ant riming the development pet did, and by the Association after the development pet iod.
Bur maintenance, repair, and other purposes per milted by this Declaration.
he annual assessment may be incl eased :_-,_,_..,--- dot big the development per iod
to tellccl incteased (I) maintenance costs, (2) repair costs, 01 (3) plat management costs. All increases
during the development period must dimcctiy teflect increases in the above recited costs. Ut1►ing the
development pet iod, the Declarant shall have the authority to reduce the annual asSessnrenls if economic
data supports such a reduction because of reduced Maintenance costs or other anticipated Association
expenses.
(a) Alter the development pet iod expires, the maximus' annual assessment may not be
increased each ycat more than 10 percent (10%) above the maximum assessment for the previous year
without a vote of the membership pursuant to Section 3(h) of Article VIII of this Declaration.
(It) Met tl►e development period expires, the maximum antrual assessment may be inet eased
Iry Wrote than Ill percent (10%) (ove the previous yeats' maximum annual assessment) only if two-Ihitdc
(2/3) of the members oI the Association, who are voting in person of by proxy at a meeting duly called
tot thi•t pntpose, consent Io such an inue:Ise.
I'age8of21 5712 (IU
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(c) A Ret the development pet iod cxpiles. the 13081(1 of Ditectot s shall fix the annual
assessment in accntd with, the above-recited standards.
Scclitn► .I >pecial1\ssessntct)t_tut- (:a1?ilal_1uipi0_ycmenls. In addition to the anntctl assessments
author i;cel above. the \rauci:uiun (iii din ing the development pct dud. the l)cci•►t:Mt) may levy. in :tnv
a;sessnicnl yea". a common assessment. applicable Io that yes! only, for the purpose of defraying, in whole
nr in pall. the cost of any c(►rts(rttcti(n, tecunshnction, repair or replacement of a capital improvement
neon Ilre (Amman' .\leas of ('uutnlon ureas nut prohibited by this Declaration, including
lixlnues and personal property telatec thereto, provided that any such assessment for those capital
inynuvements ui limits exceeding .1:.5.(X1( shall have the isseut of two-thirds (2/3) 0(the members of the
Association who me Noting in pet sun or by proxy at a meeting duly called for this 'unwise.
Sccliutl_j. f o(it_Q_at�tl tltlo)_tt))1_for_tttly_Asliun Autboiitesl_Underr aeciionSaittldA. Wt Well notice
of the place, Jay, horn and 'impose of any meeting called 101 the purpose of taking any action authorized
under Sections 3 and 1 of this Attic:le shall he sent to all members not less than thirty (30) days not iirote
than )illy (50) days in advance of the meeting. At the first meeting called, the presence of (i0 percent
• (60%) of the n►embets of the Association or of proxies entitled to cast 60 pet cent (60%) of the votes of
the Association shall constitute a quorum. If the tequited quorun) is not present, another meeting may be
called stilled to the sante notice iequiretnenl: the required quorum at the subsequent meeting shall be one-
= half (1/2)of the requited quartan at the preceding meeting. In die event that a quorum is still not achieved
res
at the second meeting, then the I)eclat;lit, doting the development period, shall have the sole and exclusive
antltutily to initiate a special assessment and catty out capita) improvements mote folly described
cry in
e� Scctiun 1I !Klein without lust obtaining the approval of the require) number of members of the Association
as hndiet delined in Secliruts 'I mid 5 herein.
Secliult.(i Undo!in, hale of Assessment Roth annual and special assessments alining mule,
Atlicle VIII. Sections 3. 4. and I I. Hurst be fixed at a uniform tate tot all Lots, provided, however. (hal.
as slated in Article VIII, Section 10. any unimproved Lot owned by the Declarant shall not be subject to
any assessments tit chat ges descr Ricci in this Declat ation and all or any other assessments that may be
levied in the fitlute fin any propose whatsoever. Assessments shall be collected on a monthly, hi-monthly.
quarlcrly, ur annual basis as determined by the Declarant doting the development period. 0, by the
Association for periods after the development pet hal.
Sct_lit,)i__l. Pate of_(.'uiullle-t)c:euletllof Areatal._llssesstuetltDu-e_Dates. 'the annual assessments
desctihed in this Article shall commence doting the first calendar ntotrth following recording of the plat
al l.aglectcst . ur any division fheteof. If the plat is teeolded in divisions, then the annual assessment
shall only apply to those lots r(Tot(ed within each division based on the date each division is recorded.
1 he lust annual assessment lint each Lot owner shall be adjusted according to the number of months
remaining in the calendar yea? calculated from the date of tecording of the division in which the lot is
located Atter the development pet iod expires. the 1)oatd of Directors shall fix the annual assessment.
_1Vi ittcn nolicc of the annual assessment shall be sent to every Owner subject to such assessments. The
due date shall be established by the 13iit1d of Directors. The Association shall, upon demand and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the
assessment on a specified Lot has been paid. A piopetly executed certificate of the Association as to the
status of assessments on a Lot is binding, upon the Association as of the date of its issuance.
ascticlli l3. Lueet ol..l1_orif'ay_meulol /\ss_tssiueirls.:_Iteti►ediess►f_the_Associatiorc. Any assessment
no paid within tidily (3 0) days :diet the due date shall heat interest from the title date nt the rate od t2
percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during lie development
period, or the Association alter the development pct it'd, or their agents the rights and powers to tiling all
Page 9 of 27 57I:.ouz
1 1
actiurts al!ainsl such (wirer fceIsonally rot I.lie collection of strep assessments as debts and lo enforce lien
iglus nl the Association by all methods available for the enforcement of such liens. including foleclostue
by an action bronghl in the ciante of the Association in like manner as a mortgage of teal property. Such
1)wirer hereby expressly grains to the Declarant or to the Association, as applicable, the power of sale in
ccnnreclicn with such liens. the liens provided for in this Section shall be in favor of the Association and
shall he for the benefit of the Association. I he Association shall have (lie power to bid in an interest at
fure_clostne sale and to acgultc, hold. lease. mortgage and convey the same. .1 he Owner is responsible for
payment of all attorney lees i►tcurted in collecting past due assessments or enforcing the tel of
assessment liens (see At title XVI, Section 5). Mu Ownei may waive or otherwise escape liability For the
assessments provided herein by non use of the Common Areas, Common Maintenance Areas or
abandonment of his Lot.
I he Association shall have the right to suspend the voting tights and enjoyment of Common Areas
(see Article VI, Section Ilhl) of an Owner lar any pet iod during which any assessment against. the Lot
remains mtpaid and fora period not to exceed sixty (60)clays per inft action for any hilt action of the tel ins
of either this Declaration. the Articles or the Bylaws of the Association.
Scctiun_9 Stt�utditral o)t ul_the Licci to Mtn.t ctge. The lien for assessments, lnovided lot in this
Ai tide, shall be subordinate to the. lien of any litst mortgage or Hist deed of trust ("fits( motIgage"). Sale
u or II;ulster of airy Lot shall not affect the assessment lien. Ilowever, the sale or transfer of any Lot
c--1 pursuant to a mortgage foreclosure, of any proceeding in lieu thereof, or the first moltgage holders
r?x
acceptance of a deed in lieu u( foieclosute, shall extinguish the lien created pursuant to this Article as to
payments which become due pilot to such sale of transfer. No sale or ltansfer, however, shall (a) relieve
cis
such Lot ()wirer or Lot hunt liability for any assessments thereafter becoming due nor hum the lien
Meteor, nor (I))shall relieve the delinquent Owner hunt personal liability for the amount of the payments
which become clue pilot to such sale or to;neje!, and tot costs and allot ney fees.
0
•cv
Sccli�)1_IQ. I xclttp.l_.I'lowl l}. All property dedicated to and accepted by local public audio,ity
shall be exempt hunt the assessments provided lot in this Article. I'topei(y and Lots within Ihr �`I'cl
owned by Declatalit, and all Common Areas, shall be exempt float any and all assessments provided lot
in this Decimation, as well as flout any and all assessments of any kind that may be levied in the future
tor any propose whatsoever. this Section shall apply notwithstanding any other provision to the conttaly
in this lied:nation.
Scclio11_I_I,. Nlairagentei)ltry Declarant Durii►k_lie Umlupment Pei int( Declarant, al its option,
shall hive and 'nay exercise all of the tights and powers hetein given to the Association. Such rights and
bowers are reserved by the Declarant, its successors and assigns as provided in Article III. Declarant shall
have the t ight and option to assess Ownets for actual costs of maintaining Common Areas, Common
NIlittlen;mce cas. and rights-of-way. and to assess a plat management fee (luting the development period
as set unlit in Article VIII. Section 1.
ARTICLE Ix
MAINTENANCE ENAhNCE Of LO I S
;icctivn__l. l,_xlei v)._Ma Uteltal)c.e lty_VW_nct. Each Lot. and Residence shall lie maintained by the
()wirer in a neat. clean and sightly condition at all times and shall be kept fiee vt accnnnulatictns of litter,
junk, containers, cgttipntent, building materials, and other debiis. All landscaping areas, incinding
landscaping extending into the adjacent street right-of-way, shall be regularly maintained and tiMimed (cc
Page II) of 21 5112 001
•
• •
•
pr(::cnl ;a cjc;ut. nc;tl and Well nmaintainctl appea,;mce. All refuse shall be kept in s:utila,y cola;thief s
se:tial twill the view or any 1.0: die containers shall teg,latty be emptied and the contents dispose) ul
oil the Properties No gra;:; catlings, leaves, lirnhs. br:,,cites, and other debris (turn vegetation shall he
tlmnptd of allnwetl Iv acttnnulatc un any Karl of the I'rultettics. except that a regularly tended compost
dcc it c shall not he ptuhil ileal l In attrauc ttf)nulls vrhicics, howls, Itaile,s, backs, t:atnpers• ter:rc:licnta)
celrirhs. tut ulhct eclnipmcnt tit ticvite shall he permitted in open view (ruin any adjacent rights.ol-way.
(Vcltithe: howls, trailers, clucks. camputs, and Iecreational vehicles shall be tefetted to as "Vehicles.")
!his provision shall exclude Iernpcn:try (less than 2'l hunts) pinking of Vehicles on the designated -
driveway areas adjacent to gar age,'; nn tile I_il;. "his paragraph is IPA meant to disallow permanent (mote
Ulan ld hours) parking 01 slot age of Vehicles on the Lots, but if stated, Vehicles shall be adequately
st curried liana view hunt the ;nljat cot tights of way. Seteening of such Vehicles must have the approval
ill the l urntniltce Illtun •lli twins' notice to the (twin!, of an inunope,ly !talked Vehicle. the Iluattl has
the :rUhutity to have towed. at the Owner's expense, any Vehicles still visible from the right rrt-way that
have !wen packed on airy Lot or within the tight-of-way (Or mitre than 24 hours.
Notwithstanding the foregoing. Owners who have visiting guests intending to stay in such a
Vehicle nrav set.ure WI int.!! ieintission (torr the float lot such guests to crank the Vehicle upon, the Lot
owned by the()mica Iia a maximum pet iota of one (I) week. Stich a pi ivilege shall only exist, however,
cs whet the tvaillen )reanris::ion hats been ()Willed hunt the !Joint!.
Cr) .
Seclii-tll-Z. l.=itsetitctcl51011311101t;cllie)ilI'tti(>uSS:5. Uwnets 'tetchy giant. to (lie Association au
m express easement lir the pnrpases of guiltg upon the Lots of Utvnets lar the purpose of removing Vehicles
0 of other similar objet.(s which ate parked or stole(' in violation of the (elms of this Ueclatalion.
car
Sti,(itm.3. IAA i\tailtitatalIt:c.lry_the_Association. In the event that an Owner shall fail to maintain
• c:
•CV Ilse exlctiut tit his pacntiscs anti 'Ile inuuovennents situs ire l Ihctcun in a nr:,nteI cunsi tent with maintenance
sl:uulartts of r he f•fn) community. ittclotting maintenance of landscaping rerluitetl in the adjacent tight-td
way as set (milt in Al tide XII. Section I), the ltoard shall, upon receipt of wtitlen complaint of any
Owner and the suhseyncnl investigation which vetili's that complaint, have the right through its agents
and employees to flay, upon the offending Ownct's Lot and repair, maintain and testure the Lot and
exic,ila of the imptovenacnls on Ilial. Lot it the t)wuct shall fail to respond in a marine, satisfactory to the
Hoard within forty-five ('IS) days alter mailing of adequate notice by certified mail to the last known
acltlress of the ()wile'. "t he cost of such ,(pail, maintenance or restoration shall be assessed again.sl. the
I'cut. anti the lionut shall have the tight to cause to be recorded a notice of lien for (abut anal materials
fnnisht•d. which lien may he (latticed in the manner provided by law lot enfo,cement. of labor liens and
attic,ialtnan's liens. In file event. that life estimated cost of such tcpair should exceed ane-half of one
percent (I).SO;',)of the (.'aunty fax A ssessot assessed value of the Lot and improvements on the Lot, the
Uoa,d .shall he rcc)uiied In have the assent of two•llrirds (2/3) of the Menthe's hefote tindeilaking sock
t epait s_
Section-1. I:rllutcement_-I-)tlting IheUevr,luhttael)l L'edutl. Outing the development period, the
I)(t Imam may elect to cxcrcisc and per for nr the litncliuus of the 1loaid. If the Ueda,ant elects not to
(tet form this him-14m or al any linty elects to nu lunger pct lot tit this function, the Declarant may appoint
the Ienutn,;,y IkruO to function as provided het cin-
rage I I of 2/ 5/1;.00!
•
•
AIt I I(a,l; ;<
Iit)l\tI OWldlat.`;' A5.`;O(:IAVIION
;cction_I,. I:I! n:l'torfit_(_orpotalioll. Ilrc Association :hall Ice a non-prolil corporation under the
laws of the state of Washington.
Set,)ioitZ. f._lettfbetsltip. [very pet sun of entity (including Declarant) who is an Owner of any
Lnt shall bccrane :1 member of the Association. Membership shall be appurtenant to the Lot and may not
he separalcd Itom ownership of :uty [crt incl .shall not be assigned or conveyed in any way except upon
the Ir:nrsfer cel title lo, or a 'cal estate contract vendee's interest in, said Lot and then only to the transferee
of either tine title to the lot or the vendee's interest in the Lot. All ()wirers shall have the tights and duties
specified in this Decimation. the Ai ticks and the I)ylaws of the Association.
-4
5-Mti911_3. Vot of__Iti.ghts. 1 he Association shall have two (2) classes of voting membetship:
0
llass_.A: glass A tnentbeis shall be all Ownets, with the exceptions of(i) the Declarant
_ while the Declarant is a (lass It member, and (ii) the Owners of Lots described as exempt- in the
c Declaration. (:lass A member; shall be entitled to one (I) vote fur each Lot owned. When moue
than one(I) pet son holds an inlet est in any Lot, all such persons shall be tnembers. 1 he vole for
such Lot shall be exercised as they by major ity detet mine, but in no event shall Wrote than one (I)
o vote he cast with respect to any Lot, nut shall any vote be divided. When more than one person
hold:; an intciest in any IA, all such persons shall unanimously designate (in writing delivered Io
the secret;uy of the Association) one of the persons (owning an interest in the tot) to vote (in
person or by proxy) the vole for such I.ul.
Chass-I). I lass It ntenrbel(s) shall he the Declaring (as defined in this Declaralion), and
sleuth be entitled to Once (.S) voles fur each Lot owned. 'the Class II membetship shall cease and
be converted to (lass A membership on .lanuary I, 2.001 . 'the Declarant shall become a (lass
A member as to any Lots owned by the Declarant on January I, 2001.
-IIhe voting tights of any owner may be suspended as provided for either- in this Declaration, of
in the Articles. or in the Ityl:ovs of the Association. The Declarant, doting the development pet iod, or
the Association. :Met the Development period, shall have the tight to stispend the voting rights of a
nrenrlaa for (i) any period during which any assessment, ut any other charge (as defined in Article XVI,
,Section 6), against the Lot remains unpaid, and (ii) for a period of not to exceed sixty (60) days each for
any (and for cacti separate) infraction of the lel ms of this Declaration, the Articles or the Ilylaws of the
Association.
S.ectiou 'I.. Meet i.ngs I\feelings shall be conducted in accord with the specifications set forth in
the ltylaws of f h.,c itonlecrcvlief s ASSc)ci:ItiUrl.
AR t ICLI3 xl
NINA At;UNIi:I i I' It I)UAItD
St_rti.o t I.. Lxlzit_ _ol_the Uwelop)i>c:nt_I'et tort. Upon expiration of the Declarant's management
authority under Article III, all administrative power and authority shall vest hi a hoard of three directors
who need not Ire members of tine Associalion. 'lice Association, Icy amendment of the i)yiaevs, may
Page 12 of 27 S7t2.0o2
•
itrr.rease the nnurka rrl directors. All Iloartl positions shall be open lot election at the Ills) annual nu,elinp
Ana tel initiation of the development pea lo) mulct Article III.
)e.tliott I_etnn . the rernc; tvhich the I)mucl members will setae are defined in the I)ylaw:.
..icctio.t1_.3 Towels Illi� Ilo.at.tl. All powers o1 the Uoitd must be exercised in ;monad will, the
specific_ Itions tvbiclr ate set filth in the Ilylaws. "he hoard, for the beuelil. of 111 lite I'ropert.ies and the
Lot t)wncts_ ;hall enlintc the luovisiuns of this Decimation and the Uylaws. In addition Iv the duties alid
ptrtvers innl,used by the Uylaws and any tesolutiun of the Association that may be het caller adopted. the
Iln;nd ;hall have the power and he responsible bn the following, in way of explanation but nut limitation:
(al Iltsutante l)hlain policies of lnsur;nrce tot Cun ttion Afeas and Common Vlailtienatice
Areas
(19 Legaj alld,Aclvtl_IllittiL5e_vI<_C5. Obtain legal and accounting services if necessary to the
"� arintinislnalion of Association afl;nirs, adn,inistial.iorr of the Common Areas and Common klaintenance
\teas. of the cnlutcennenl ul lltis Ueclaralion.
Ian (c) Iblaiirlena►tce. Pay hon, Association funds, all costs of maintaining the (...onurlon Areas
enol I:un,n1on �lainten:nncc Area;.
ens •
0
N Irl) t•:laii►l (r ti... ,tLrjls. Subject to the rcquiieulenls of Ailit e IX, Section 3. maintain any
0 1.111 it such maintenance is reasonably necessary in the judgment of Ilre Iloaid to (I) protect Coiunum Main-
lenar, Areas, ut (2) II) Ii eser ye the appeatance and value of the Properties Or Lot. 'the hoard may
autho,iz.e such maintenance Inlivilics it the()whet ui Owncts of the Lot have hailed or refused to pet lo,in
maintenance within a reasonable lint ;Met written notice of the necessity of such mainlen:lnce Iris been
dclivcrcd by the Ili/aid to the ()caner or Owners of such I,ul, provided Ihal the l.loard shall levy a special
asses.en,ent against the ()wile, or ()tuners of such 1,01 incl the Lot lot tlse cost Of strop maintenance.
(e) I istltatgeotI.iens. the (loatd may also pay any amount becessaty to discharge any lien
ut encumbrance levied against (he entire I'topetlies ot any pat thereof which is claimed ut may, in (he
opinion ot the Ifo;ud, constitute a lien against the Properties tattier than metely against the interest therein
or I'irtictnlir Owners. \Vhere one ot inure Ownets are responsible for (lie existence of such liens. they
shall be jointly and scvcnally liable fi,t the entire cost of discharging the lien(s) and all of any costs or
expenses. ;minding reason:nl,le allnrney Ice^ and costs of lille se;uclr incurred by the Ouatd by re;isoli of
such lien or liens. Such lees and costs shall be assessed against the Owner ul Owners and the Lulls)
iesporrsible to the extent of their responsibility.
(I) Ul_itilies.
l'ay all utility ch;uges autibolible to Common Areas and l.ontliioi, M;nntenlnce
Areas.
(r1 S cjti,jly. l'ay ;rll costs tlecttred iale by the iloaid to ensure adequate seem ity for
Ilse I r.'Is and Gunman Areas and Common klainten;lace Areas constituting the iesidenl.i;tl community
ciealetl on Itis hope'
(I') Itit;ltt.W_(_;milan;ita. I live the exclusive tight to cuntt act tut goods, services, maintenance,
anal capital irnptovenreol: Inovideit however. haat such tight of contract shall be subject to the ptr)visirnns
of this Declaration.
Pave 1.1 of 21 5112 002
1
(it birpart-etltent_Jf.(_Ut)tt1►ti.t11\I_eit5_it11d C,U_I)1ttlUtt_Mitl1_lllJ.iltlt:Q Ate.OS. improve the Common
Alm mid (:onutton Maintenance Areas with capital intpruventents to such Common Areas and Common
I\Iainienance Areas; provided that tot those capital iirtlnovenrents exceeding $IJAM, the addition of such
capital improvements to the (-armor Ate;rs and (:onrnton Maintenance Areas lutist be approved by two-
thirrls (2/3) of the nrenrhers of the Association who ate voting in nelson or by proxy at a meeting ditty
called hit this purpose (subject to notice and plum!' requirements as set forth in Atticle VIII Section 5
het cin).
(j) Right ol_Linty Enter any Lot or Residence, when reasonably necessary, in the event of
emergencies of in connection with any maintenance. landscaping or construction for which the Iioard is
Iesponsible. Except in cases of emergencies, the Ifoaltl, its agents or employees shall attempt to give
notice to the Owner 01 occip;ntl of any Lot en Residence 24 hours pi ior to such entry. Stich entry must
he made with as little inconvenience to the (7wneis as practicable, and any damage caused thereby shall
be iepairerl by the Iloard, at the Association's expense, if the curry was due to an emergency (unless the
_« emeigency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed
to the Lot and against the Owner of the Lot). If the repairs or maintenance activities wete necessitated
'-4 by the Owner's neglect of the l.,ot, the cost of such repair or maintenance activity shall be specially
c;, assessed to That Lot and against. the Owner of that Lot. If the emergency or the need for maintenance or
c' repair was caused by anolltel Owner of another Lot, the cost (bet eof shall be specially assessed against the
CII
Owner of the other Lot and against the tither Lot.
r:rs
CD (I<) 110.11)(1h(IOW( °I .Rules. Adopt and publish any rules and regulations governing the
members and their guests and establish penalties for any infraction l.heteof.
N
' O
(I) l.)ectaial vll ul_Vacanc_irs. Declare the office of a member of the Dom(' to Ire vacant in the
N of the Ilo;ud.
event tltal a nienrbet oh the Iloard ir; absent hom three (i) consecutive regular meetings
(nr) Lin)Uloymettlof_Manager. IL,niploy a manager, as independent contractor. or such Odiet
employees as the Board deems necessary and descr ibe the duties of such employees.
(n) I'aytttetll__fut_Wods and aelvius. Pay for all goods and services required for the proper
fnnctir.ming of the Common Areas and Common Maintenance Areas.
(o) IiiIpo$ _kssessttrettts. Irilpose annual and special assessments.
(p) Dank_Account. (.)pen a bank account on behalf of the Association and designate the
signator ics requited.
(ql Exercise of 1'owets._Duhes lint Attll only_• Kxemise for the Association all powers, duties
and authority vested in or delegated to the Association and not reset ved to the membership by other
provisions by the Ilylaws. Articles of lncorpor;aion, or this l.)eclatation. The Board shall have all 'towels
and antiquity pet nutted to it ander this Declot ation and the Bylaws. I lowever, nothing herein contained
shall be consttned to give the Iloard authority to conduct a business for profit on behalf of all (lie Owners
of any of them.
Beckon_ ,I 1 Iris Article XI is subject to the provisions of Article III.
Page 14 of 21 5712.1102
e
t
Alt.' ICL1; XII
I.AIII) list:, Rus-1 Itit:l IUI`!S
: ctlitu_I. All I.01'.; within (ht' I'nrpctlics shall lie used solely Int titivate single-lam1_ily
tttuttl"y(t lull etial
putpo;es. I'tivalt' single fancily tesidettce; shall consist of till less than title (I) set
he futdtcr snhtlividcxl. Iglu lic•_eidenet, shall he u'lctnitttctl'udcwhich
f'ltexceeds
zcrtte'c [:aeh Iteallowable
si le►�lctnlust.thovtill►
the ( icy of Rents_,tr and/ut Kitty t:minty _ 6 ttovela
ptivale enclosed cat cltcilet Int 1101 less (hall Iwo (2) cats. flu single sttuctute shall be altered to
e
ttsidcnce tot nnnt' limn title (II family. Ramble' tyll, altle'ice consisting tsl I/�l mid
otic ::lot y of tcsidence. consisting of a single slut y) shall contain
t ies) shall
trsidcnces (residence consisting 1)( a h:rsenteul(l'€ anctc11 ttfootage cuf a tesi Icnes �et,)the I)asr,)ntcnl shall
contain ;o least f � sulfate feet. In computing the total st1rtte
111)1 he inclntle,l, nor shall gat ages ot enclosed decks he included.
;etliu11 2. Ido Lot shall lie used in a lashion which unteasutlably intelfetes with any Oho
I hvnet's tight to use and enjoy the Whet Owner's Lots. 11 he float d, the Cominillee designated by it. of
a the I)t'cl:u;tnt doting the development pctiud, shall dcletmine, whether any given Use of a Sil.e unreasonably
en
intellect's wilt those tights: such &letntitiations shall be conclusive.
o Sc(ictt.I..
o (a) hltt noxious tit olfensive activity shall be conducted on any Lot, not shall anything he done
.o
• y
N of ntaintaincd un Iltc I'rtipetli is wIri1 l ,tO'vnetsttti trsetattdlenjvy unytl'at► l
l oflhle t'►vj)etl.te^,bl I' Iuinlet
acl activity
fetes
wish the tights this Ueda'at ant.given odic(
of t onditic,n shall he cc,nduciccl of maintained on tny tcd
Pullet which detracts horn the
lt
lIM
of 11w It( pctlics as a tcsidcnlitl contt ty untidy tt:igltlycti11dlilmshall lie maintained ti11tny
,ublicl visible slutgl;t,ti( tvt)od, boats,
ptupctty. tltilitly totttliticros shall iticlutle, hot ate not limited Iv. ) y !r
It:tilct s, mobile homes, tec.tcatiunal vehicles, disabled vehicles of any kind whatsoever, and landscaping
tvltich is not ptupetly maintained.
(Ir) Notwithstanding anything in Section 3(a) of
this At ut y lt'nle letXII to t n the o(contra!,aim wg idle .
development pet it'd the I)cclan:utl may permit l'ai ( f u►d resio be associated imptuvc
Lots to Facilitate the sale of the Lots and the constincl.ion of residences (a
ntcnls) upon the Lots. 1111 such temporal Iiailets shall be is onlyrtUlcle either
lh a Lot's owner.Lot
being.`old
o
by (he Lot's ( wttt't. of (II) Ilse I,ol upon which a teside. gthe
such lentpttaty (toilets shall he placed, withottl. I)eclalatll' tights-of-way.l° mission,
,tsion, onhe any ethietlaian totlkittspeciof►Ily,
ptopt'tIy de:;:tilted on Ilse attached Lxhilrtl "A" and Ute adjacent
in the I iu hatan1's sole disci el ion. may (i) completely deity an Owner petntisslott to place a letnpotaty
Itailct tilt the Uccnct's 1.1)1. (ii) tctlnitr :ur}IIlluttfton►placed
tesillences 1the
)11 olhertL lsplaced
vt (iii)tinq)such
�)se
hut ation as to minimize view hunt politic 11V,1115-01-way
l:utdst aj,ittg tetlniteutenls which the I lrclattlet, in die I)eclarant's sole lltsdtcttt)tt, may requite, to intptove
the appeal:nice of the tempo'at y It ailet on the l..ot.
S .t.tiutl'(. Fences, walls of hedgetows ate petntittethetdi side
filce bel.rent
pl petty lines,
t,ltip
to within
llce
the_gtcatet,91 ti) 15 feet 1)f the hunt property line, tit (ii) 1 the t r between
t the tit Cottt.lce and ale
It 1)111 wall (l acade) til the %n itnat y Residence, .subject. to ( ) a I I
wilts tit
dcletn,itutleu whether sttcl' t`e:cstniCtrl'1 eL ewbete iccutdccltttet fete with lrt no event shell any Ie ttty ces,tln te walls
it
hethe lees of the plat but Whet.
hcdl�ctoty,^, be allowed bclw•ct.t, the bout 1,vd line :and the hunt wall (facade) of the primary Itesidencc.
5117..1)0'
rage I5 of 21
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I In 'it'll t' i�e of cof,ngaled libel glass fences shall be elected on any Lot. Chain link fencing may lie
tonsidctcd for approval 11y the (;tmnnillec upon tcivics,. All traces, open aitd solid, ate to be consistent
twilit the stand:lids set by Ihe ('nnnnittec and lutist lie annovetl by the Committee()tint In cni,sltuclion.
•I he l'trtrnrrillee shalt :dstr aplu(rt-e mints lot fence installations. Any fencing installer) hi the plat nn any
lot 'alit' ,Ines not buret the standards 'ct (wilt Icy the ( ( nnnillce shall Ire tenwvcd it I)tvnc,'r, e:tlrt:,t:e
npnn ticnrancl Iry Ihe l crtnntittee.
rot Curt net hits tit panhandle lots, fencing closer to the (runt ptopef ty line than as odic,wise
allowed in this set HIM nlay he applove(1 upon review by Ihe Connni(lee.
;ictlitnl 3 Flo mobile 11f "ntannfaclntetl" homes, Ii ileus,•s(tnctiuies of a Ie1111/01itty cl►;uaclet.
trcfratioH;11 ti llitlr, I ;emelt. trill shack. paint!. hath. tit Miter (rut huiltlings shall be used un any I.of
;II any Bare :Is a Ilesicicnee. litho Icngrot ably til petmatiently. No vehicles pat ked iii public tights-of-tvay
may he used Icntpnfalily of petn►anently fol ►esidential put poses.
pctliutl.�. I\Iiit l►(J. 1do oil diilling, vii development upetatinils, oil relining, (mai tying, or mining
UPC,alicrn of any kind sit:III be ['emitted on tit iii any Lot, 1101 shall oil wells, tanks, tunnels. mine,al
..4 e:uawaliun lir shills shah/ be pet millet( on 01 in any Lot, tlui shall oil wells, tanks, Runnels, ntinetal
e,Xu:IV:Ilion or shafts lie petntilted on of in any Lot. No dei tick or other structures designed for use in
bot ing lot oil 111 nafnt al gas shall Ile elected, maintained of per mitred quit any Lot. Oil slot age lot
'a'' iesidential heating put poses is petntissible if the slot age tank is but ied, any necessaty vomits ;tie obtained,
and the slot age complies with all applicable ctnritonnu:ntal laws, !tiles, and tegulations.
Sctliu(t_7. I)ttiltlipg_50pricks. i'l siimini es shall be located within 15 feet of the holt Itne o►
neatr' Io the 'wilt or side sheet line blew minimum dwelling setback lines requited by relevant public
res 7.wning uttiinarnc. I of the liutpwsc of IIhi s I'uvenanl, eaves, steps, chimneys, and open pot dies shall not
rev be t cin sidc'cd as pall wf Ihe dwehhinf! provided, however. that This shalt not Ire cuusideted to pet mil, qtly
pillion til a dwelling 1111 a 1,01 to encroach upon any tcquiied setbacks by local codes, of to eliutuach upon
anc(hel Lot wt upon any easements indicated on the lace of the plat or as othetwise teem ded, ur upon the
t orrnonn Atcas of ('onnnon Maintenance Atcas. In no event shall any sttucltrfes violate any ptovisions
of any applicable building of Toning ordinance, or any specific setbacks as set foal, out the seconded plat
'nal,, tit any setbacks imposed Ihtottgh the establisluuent of easements rut utilities of access.
Section_' >�igtts.
(a) No signs, billhn:nds, tit tithe! advetiising sfltictutes tit device shall be displayed to (Ire
public view on any Lot except One (I) sign tint to exceed 5 satiate feel in alba may be )laced on a Lot Io
offer the 'novelly tin sale on tent. "lite sign may also lie used by a builder to advertise the Ittupet(y daring
lite cnccs'tc(ion and sale period. Political yard signs, not mote than eight (8) square feel. in area, of a
fetnpc,l;uy Halite. will he allowed during campaign periods on Lots. Within five (5) days after the dale
of lite election to which Ilse sign ►eters, such signs must. be tenioved front Lots. 'this Section 8(a)
OR biding. Intl not lintifccl to. the testi idiot's on lite number of signs and the sign size limit) shall not
apply to signs ;tppfoccd under Section 8(b) of Ibis Ailicle XII by (tie becla►ant doting the development
lief lot!,
(11)(I 1 he 1)cclat:ufl may, bunt is not f etptif ell ho, establish, tot the duration of the development
prt hud. signage guidelines and standl:iici Oct 1.0 identification signs, tealtot identification signs, "tot sale"
signs. and utile' signage that. may be placed by ownets of patties uthet than the l)eclatant on any pall of
Ilre Lots within the pie,1 , the ('utntnun Ai ens, (:wHnnon Iv(:'inlen:(1fce Ate:'.s, tit p1,blic: tights of-way
I he I tecta!ant may, 11(11 is not 'ectnif ed Ili, also develop an over all theme rut signage within the pf r>ject_
rage 16 of 2! 5/t1, ti(O
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including specific: terluitemetas lot physical sign installations and size tequirentenls, which theme will Then
hermitic pair of the established guidelines :tits standattls lot signage in ILaglecrest tinting the development
pet init. in the event sut.h guidelines :tic establishers. the Declarant shall make the signage guidelines and
standards available upon request Io Lot Ownets and thein representatives, including both builders and teal
estate agents of Lot I)wners-
(h)(l) I)ut ung the development pet iod. the Oeclat ant shall have the sole and exclusive i ight to
approve. in the Declarant'.s sole discretion, any arid all signage installations within any part of the teal
properly entonrpassed within tlse plat a-r r- I i + r- including the adjacent rights-of-way. Every Owner
of a Lot in 1ftc 1.Ict.I , ants any builder or teal estate agent on behalf of an Owner, shall submit any
proposed signs to the I)ecla,:nrt for apptov:l point to installation of the signs.
Any signs not specifically approved by the Declarant found anywhere on lots in
the ' '.:I , the Common Areas, the Common Maintenance Areas, (or any other pot lion of(lie property
identified on the attached L;xhibit "A") or on adjacent rights-of-way, may be promptly removed and
disposed of by floe Declarant. The absolute right of the Declarant to remove unauthorized signs frons the
('remises specifically includes. but is not limited to. (he Declarant's right to remove any and all signs
placed by teal estate agencies of their tep►eset►Iatives, including temporary reader board signs and otl►et
signage ire;lallalivns.
C2) No person, including, but not.limited to, the person or persons owning any Interest
o in the signs removed, shall he entitled to compensation of kind for sins lemovetl byDeclarant
crx
any sign(s)
pursuant to this Section.
(b)(l)(i) -I he I)ecla,ant, during the development period. may also require than an owner
install a specific IAA 0(111.114;01 4m sign on the owner's Lot. All such Lot identification signs shall meet
o :nn' signage guidelines and s:landnt(.ls eslabtished by Decl:nant under this Section li(b). 'I he Lot identilica-
o lion signs ;hall he constructed and installed at the sole expense of owner. -the Lot identilicalion sign shall
•cw
temain on the premises tegardless of any transfer of Lot ownership until such time as the Declarant
determines that a Lot identification sign is no longer necessary for marketing purposes.
(ii) Notwithstanding anything in Section 8(b)(3)(i) to the contrary, the Declarant will
not require an Owner to install a specific Lot idenlilicalion sign if built (A) the Owner already resides in
a completed residence on the I and (It) the owner does not intend to sell the Lot within the Inez( two
(2) years. Any Owner chiming exemption firm the specific Lot identification sign tequirenrenl of this
Section (b) shall, upon request, furnish to Declarant an affidavit tender oath confirming that the Owner
intends to reside indefinitely in the completed residence on the Lot and does not intend to sell the Lot
within two (2) years hunt the date of the affidavit. •
(iii) If :In Owner faits to obtain and install in specific Lot identification sign within
fourteen (I I)days of tvriuen rcynesl by Declarant, the Decbtrant may obtain and install a Lot. identification
sign for the Owner's lot. During the development period, Owner shall not remove the sign without
Declatant's consent. 'the Owner shall, upon demand, reimburse Declarant for all costs of making and
installing the specific Lot identification sign. Declarant's cost of obtaining and installing the sign shall
be a lien upon the Owner's l.ot, and a personal obligation of the Owner, and shall be an "other charge"
lin put poses of Article XVI. Section (r. Interest shall accrue pursuant to Article XVI, Section 6. on any
unpaid amounts due I)eclat:MI tinter this Section, which interest shall accrue front the date ten (It)) clays
after the Owner's receipt of written demand for repay/ melt.
Palm 17 of 27 5)12.002
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(cl -the nom may cause any sign placed on Properties. in violation of this Atticle Xil.
Scclinn ;i, hi be removed and destroyed without compensation of any kind to anyone including. but not
lintitcd In. any persons having an ownership interest in the sign. This Section shall not apply to signage
placed by I/ecl nam (see Suction 3( 1) of this Atticle XII).
(dl(i) Additional signage may lie installed by Declarant dui ing the "development period" to
promote the sale of Lois of houses, and to promote Declaiant's project and company. Notwithstanding
anything in this Section It of Article XII Io the contimy. signs placed by the Declarant shall not be subject
to any sign restrictions, and specifically shall not be subject to the limitation set (ont, in Section lila) of
this Article XII on the nuntbcr of signs and the size of signs. The Declarant shall not be subject to any
guidelines of st:nulatds established by Declarant lot ocher parties pursuant to this Section 3(h) of
Article .'c11
(ii1(ii) Outlet no circumstances shall the I)eclar;ort be liable for, of be tequired to pay. for all or
ally pail of the consuucaion, installation, tit maintenance of any signs which are placed upon any Lot not
owned by the Declarant. "I hi s Section shall apply even if Declarant requires an Owner to place a lien
puisuairl to This Section R of Ailicle XII.
(0\11le Declatant further ieservcs (Its (ill(iv(i (() Include-the-identification-of
orr�llie-egtry monument signage for the propel tics at the time oi_inatallstliun of sat'I entry
a munmentalion. I his Went:ification shall eithei be
`F' )evelopn►cilt'' at (ilipe)raliun's option._.Olfic inslallell, the Association shall be responsible
o maintain this signage miii idenlific;ilk3h-_ill good condition, along with the plat identification signage for
`", lie duration of these Coventrtft . ('onditionss and Restrictions as provided for itr Ailicle XVI, Section I
n until sncli,Liiuc as" conselils or elects to lelrnive this identification. Each own:
ev Botchy i`iit cit;mts that this set lion of the(.;(.'< s shall not,ti •nmended without the express tot itteu :grprov:i
C=4
p i"t Coiprnalinn even :Met expii:ti(ni of the dc.veli)pujent.pet.iocl----
CV
5ccliot(_y. Animals.tals. Ido animals, except dogs, cats, caged birds, fish and tanks, and other small
household pets, will be ',ermined on Lois. Dogs shall not be allowed to tun at huge or to create a
disturbance for other Owners in the plat.. Leashed animals ale permitted within rights-of-way when
accompanied by their owners. Eliot Is shall be made by the person accompanying the animal to exercise
"scooping" of animal waste. All pens and enclosures must be approved by the Committee prier to
emeatnclion and shall be kept clean and odor bee at all tittles. If the investigation of the iio:nd indicate.;
Oro animals are kept in violation of this Section, the 13oatd will give the Owner ten (10) days' written
nnlitc of the violat(on. ,Such violation must be remedied by the Owner within ten (10)days. ( hilure to
cnrnply with the written notice will result in a tine of 125.00 pet day. Any Elite imposed by this Section
shall he the personal obligation of the fined Owner-and a lien vn the Lot of the fitted Owner. 'I he Associa-
tion shall be entitled to attotney fees and costs for any action taken to collect such fines in accordance with
the3novisions of Atticle XVI. Section 5
Sectiuti 10. Ut iye+y,tys. All di iveways shall be paved with concrete, (unless other wise approved
by the Committee.
Sesliuii-_I_-L. 1.)eIe_kati0t_of tiseatrd_liespo_Itsihiiities. Any Owner may delegate, to membets of
his family or his tenants, in act:oldance with the t(yt:nvs of -I is P_ . I lotrieowner s' Association, the
(tweet's tight oI unjoynient of (. onrioon Atcas and t.'onunon Maintenance Aterts. In the event an Owner
lents nt leases his property, a copy of this Declaration. as well as any titles and regulations Ilial may lie
adopted by the Association, shall he made available by the Owner to the prospective tenter at the tone cit
commitment to the rental agtecoicnt. Each ()wire, shall also be responsible for informing guests and
Page 13 of 21 sit 2.002
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SPA vice I,er;unncl (if the r(intents of this Iechir Mimi, as well as any rules and regulations that may be
adopted by the Association ars they may relate to appropt bite community behavior Each ()wrier
pctsonelly. and the ()Wile! Lot. shall be responsible for any damages to any Common At ens and
( unrnon t\I:tintm:trr e Areas ((ir any oilier arca maintained by the Association) or to any other Association
prriper Iy. tvltcthet !rat to pct snn:d, caused fry an (butter's tastily, gnesl, ten:ud. agent. wott:nrmr_
enroll:K-1 r of mulct licensee nil invitee. "1 he Association shall have a lien upon the Owner's Lot lot the
amount of damages.
iec'ion._12 Laf►tlscaping.-Sprint nils. I he entire (runt yard. including rip to lire edge of the curb
no sidewalk in the adjacent right of-way bottling any Lot within Eagiecrest shall be landscaped iii
accordance with the ptovisiuns of this Section 12. .1 he landscaping shall be.installed within sixty (G)) days
n( the orcipl of a ("erlifirate of Occupancy. of within eight (8) months from the date that construction is
initialed. whichever elate is 'allies. It inclement weather conditions lmevent the timely installation of said
landscaping improvements, the Lot Owner tmist make application to the Committee for an extension of
lime unlit weather conditions sufficiently inymove" I or corner lots, the "(tont yard" strati mean the
frontage tltt both streets, such that both street frontages and yards must be landscaped.
"Front yard" shall be defined as the lot area extending from the front property line back to a litre
nteasntcd p;nallel with the hunt properly lire which would coincide with the (tont wall of the main
dwelling on tete Lot. exclusive of arty gat ptojections.
'' "lire fionl yard landscaping shall include all.ol the adjacent street right-of-way along the IMt
homage out to the edge of the cotb of sidewalk in the street. Each Lot Owner shall be responsible for
Cr) inslallint' and rnainlaitting the landscaping within this adjacent I gl►Lof"way.
0
ev
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Alt 11‘...1.1:. XIII
•c4
Ihl)II_"IJKlti KI.S I ItICI IONS
;pct juU_I_. Utlihlifi-k hatcl_ials. All homes conslt tided on each Lot shall be built.of new ntatetials,
will, the exception of "decor" items such as used br ick, weathered planking, and similar items. "I lie
'onuniltee will determine whether a used nutter ial is a "decor" item. In making this tleletruination, the
I.'onunittee will consider whether the materiae harmonizes with the aesthetic character of IAP
dcvclopmenl and whcthct the material won't' add to the alb active development of the subdivision. All
touts are to be 20-ycat composition type, a color of slate stone gray or similar. All sitting and Mini ate
to be I esawn wood, "I-III, street plywood ur vinyl of a color approved by the Committee. hoot
elet ation of all homes strait have lap type siding on board and ball.
I he extet tot of all consitnctiun on any Lot shall be designed, built, and maintained inn such a manner as
to blend in with the natural sintoundirgs and landscaping within .the rtR1- , Exterior coitus must be
- ap'ptuwcd by the t.tritrrtillee. Lxterion nine. (Owes, doors, railings, decks, eaves, gutters, and the exterior
finish of garages owl other accessory Ioildirigs shall be designed, built, and maintained to be compatible
with the exterior of the shuclute they adjoin. Generally, colors shall be soft earth tones, beiges, on
paslrls• :end similar shades.
Sc_cliu)i_L. N aiotentnc.e_ot_l_vis_1)tiring_tl►e(_v_ustltletiV_u_L'erausl" Each Lot Owner, exclusive
in the Declarant shall have a responsibility to generally maintain the Lot in either a natural forested
condition to int to any cleating. of in a neat and cleat) aytpearantce alter cunsUuction coirrnteoees tint a
itc;idcnce un sunk! Lot. Aller cleat bug of vegetation fur construction, the debt is (tort, the clearing ulceration
1'nge 19 0l "Ll 5712 ntt2
f ,
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\\'ithin Illitly ( t()) days born Ieceiving said notice. the Committee, or designated
Ieprt st•nlalivc, shall contincl a site inspection Io vet ify Ilial. Ilse Owner appeals to have met all Completion
;I;nulartl:; (;es defined in Section 3(b)(I) of Ihis At tide XIII). If all (:onrplelion Sl:►nd:nds appe:n to have
I ren met. then the damage deposit shall he to innetl to the Owner within ninety (90) day; of the trrihinal
date of rbc ( tntnnillee's tec.c•ipt uI the tetfocsl. tut the tcluntl.
I(ctnr n ul all or ;lily potion of the damage deposit s11a11 not mule, any
itcnne,tances constitute a Icprc•senlaliun lit tvatranty by the Declarant or by the Committee to the Owner.
ulhcl I.of Owners. the Association, lir anyone else, either (/\) that the Completion Stand:lids have been
Incl, lir (ll) that any odic, Ictlnircrncitls of this Declaration has been complied with.
II ant !NW of the dcpusil ntay he It:quited tv fulfill Completion Sf:urlaid
c•ttuitenren's. then (1) the damage dcpusil may be :tpplied.to the cost of clean-tip as set Furth in Section
(h)(I) immediately above, and (ii) the Committee shall give the Owner tvtillen notice specifying the
t casnits lot the denial of the r ebtittl. Section (hi)(I) above shall also apply if the cleatr-tip cost's exceed
:1,.1(11)
(c) liming the development period, Declat ant shall have the r ight to waive these fees at
Det-Int ant's .stile discretion.
•
Scttiutt 1. I'c;lit(ils. Flo C tiSlinction lit exletiur addition lir change or alteration of :my stincltt,c
nl;ly lie Slanted on any pillion of the I'topetlies without the Owner hist obtaining a building pet mil and
other trccess:uy wand's hunt the pope! local govelnntenlal au(ho►ily, and written approval of such petntils
CFI (Ions the ;tumid. Committee, or tlse Ucclal;utl, as well as phut check app►oval as set forth in Article XV,
;ct_liun ;t.
c•ry
;;cttit,n 5. (.odt'5 All tun•:Ituclinn ;hall conlotin It, the tetplitcruenl; of the stale nl W:e;hi10011
Itulc:_;urtl _L(t'L:ul;tti��t)s_lot .Instal(iirkI_.lc.t.ttic Wiles_and 1.;dtt pittell(, ;nut tJniliottu Codes (building,
omechanical. plumbing). in tutee al the c.onnncnccincnt of the consltuctiun, including the latest revisions
font col.
Sit liutl_(i I I(e_li)t)c.��l_Colnplctiult. 'Ilse cxlcr lot of any stroctrues, including painting lir litho
suitable finish and bout)'Oust landscaping, shall be completer) within eight (8) months of the beginning of
cunshoclion so as to piescnt a finished appeal:ntce when viewed front any angle. 'the construction area
shall he kept ielfuntably clean doting the comb uclion pet too.
Sc_c_1.011_7. Ltilty._Lut__I t51't_ta oil. Any agent, officer or member of the Huard, Connuiltee, or
I es tat inif may, at any Icasonable predeletntined bout upon twenty-four (21) lout notice slating
constitution or extef ior tenmdcling, enter and inspect the sttucttne to detetntine if these has been
c(!ntpli:nrce• with the plovisiuns of this Declination. 'lite above tecitetl individuals shall not be deemed
,inilly of itespass for such chili)' us inspection. "11tete is cleated an easement over, upon and across the
iucidenli:tl bots for fire pulpttsc of making and (An tying out such inspections.
Sectiul)_8. (_:ctolr_aek,t. \Vitinnil the pilot apploval of die Committee, no home may be consttrcied
on any I.oh ()ORA !Ilan by a wilt achy licensed as a genet al coup actor tinder the statutes of the stale of
Washington.
Ingo 21 of 21 5112.(1112
✓ • r r ••
ARtR.,i_I_ XIV
(II IIAI11S
Sec.liott_.L. W111112. 1 he wiling (01he, than interior wiring) for buildings of ally kind shall Ire
tntictguotrnd.
Set tont 7. Aplenl►ae. Ido Indio or television antennae, (I ansmitters shall be permitted unless
aitl'tovcd by tIIe Committee. A maximum Of one (I) patabolic teflector (satellite dish antennae) with a
maximum ttiamelet of one meter will be allowed on any lot within Eaglecrest. Any such installations shall
trot he appluved if. in the tole disctclion of the Committee, the installation(s) will detract front the
appeal awe of the 1_0l or I'ttrl'ctlics
Sectioii_3. Ulililits._-__Req tiiclttelll_(ul_1`lalutal tills (otltleclion. All sbuctutes must utilize natural
gas hit home heating systems unless other wise approved by the Declarant. A penalty of$1,000 will be
assessed against any Lot Owner's Lot where natural gas is not utilized for home heating 5ystehls unless
a specific exemption in wilting was lilst obtained by said Lot Owner from the Declarant. The II.01)0
penally shall be a lien upon the Lot of Lots upon which the residence, not using natural gas, is located,
and shall also be the pcisotal obligation of the Owner of the Lot(s). Declatant shall have the right to
a
foreclose on said lien if payment is not made by said Lot Owner promptly Within 30 days of the request
lin such payment by Dcclalaul. the$1.00010 hue paid pursuant to this Section shall be paid to Declarant.
CTI
Cr)
c3 AR I ICLL X V
err
o AIt('I II 1(C'I I IItAI, C011-11ROL
0
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Sccliott_.I_. Atsltitet_lui.al Cutltto1Cr uni(iltee1"Lo ll_llliiltC@"). So long as the Declarant. is either
a t lass A of Class If voting member of the Association, the Declatant shall act as the Aichitectulat Control
l:onmtiuee("act as the Commiltee")created by this Article XV (even if the development period has ended)
unless the Declarant elects not to act as the Committee. If the Declarant is acting as the Committee. the
DecImant shall have all authority and pet form all functions given to the Committee by these Decimations
and 1pplicable law; all uefetences to "Committee" in this Article XV shall apply to the Declarant while
act ;Is lite Committee.
If the Declarant is still a voting member of the Association but elects not to act as the Committee,
then (i) if the development period has no( ended, Declarant shall appoint. a Committee to ftlnct.ioll as the
'ortnuitfee and (ii) afieh the development pet iod, the IJoatd shall appoint the Committee. At such (tine
as the Declarant is no longer a voting member of the Association, the Board shah have the authority to
at'poittl the Committee inovidcd for by this Article XV. 1lie Committee, when appointed, shall consist
of not less than (Ince (3) and not tunic than five (5) Members. It is not a tettuitenlent that kleutbeus of
the ('onnuittee be (I) Owners or (2) Members of the Association.
Section_2. Jurisdiction and_I'ltupose. '1 he Committee of the Declarant as set forth luerein, shall
review 'imposed plans and specifications tot Residences, accessoty sbuclutes, fences, walls, appurtenant
tecueational facilities (e.g., hot tubs, basketball coats, tennis courts, swinunimg pools, and bath houses).
01 other extetior slittctutes to Ire placed 111)011 the I'topettics. t10 exteuior addition, shuctmal abet;Won,
of exleutot strutttnes of any kind Wray be matte until plans and specifications showing the nature• kimj,
shake, height, materials and location of the proposed sttucItne of alteration have been submitted to and
appurvcd, in turtling, by the Committee. .1 he Committee shall also teview proposals to change the exterior
Page 22 of 27 5712.(1(12
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trim ill Itcrt,tc.s in Ibc jiiai I he ( unnnillee shall delet mine whether the exlet iur design and location of the
Inti! o:;cel stu n:nue. alletatiun. rt cult), change Immunizes with the (I) stittourtdittg slruclnles. (2)
su„utntding nalu,at and built enviiunnten', and (I) aesthetic chat acter of other hurtles in lire Irlat.
Sccliun _) hlclnbciSlli1 I:.xcclrl as Irttrvitiecl it) ;eclinn I cif this Article XV, the ( ontnrit.tee shall
be designated by Ole Ilt)attl. i\n ciccticrt, It) till citlte, a newly created position on the Committee ut a
vacancy on the (.onunillcc reduilcs Ihe vote of Ihe maim ily of lire entire Uuattl. (luwever, the thrall, is
nil obliged It) fill a vacancy crit the ( ununil(ee utiles; the ntembershi1, of the Committee numbers less titan
liuce (.1) persons.
Set001_4. I)esiknalion ccf a Itel!lescnla(jve. bile (.:onnni(tee may unanimously designate tine or
mow of its ntcnrbers to a Ilrird patty io act on hell:ill of the t'unnnittee with respect It, built winkle,1:11
mallets anti dl c.lcliuntly judgments 1 h decisions of such individuals ate subject to review by the cnli,e
1'unnnillec al Ihe iecl,test cul an)) member of the (.unnnil(ce.
:iet:_(icci,l_ . Donation rofI i)mic. No member of rhe Committee shall be entitled (o any cutitlrettsaliuu
lin set rites put tot mc(I un bchall of the ('vnnnillce. ('t)nuritfee menthe's shall have no financial liability
—', ,('soiling, bunt ('onnnillee actions.
Section_(;. '\tld)ess of tile (__9)(r)i(itlee. I lie ;lath ess of the ( ummil(ee shall be at the tegisleretl
e=1 nlli(.e address ri lite Association.
Sccljul)_/. Voting. (_cnnnjllee decisions shall be determined by a majority vote of the members
t)l the 1'cnnntillce.
CN) Sec(iv)►_f;. Svttmjssicmt)LI'Ians. All Liana anti specifications requited lu he submitted II, ibe
'= nnnc,iucc shall be snbn,inccl by nc:cil to the address ill Ilte (..ern,ntittee lit duplicate. the written
•est submission shall contain lire name and adult ess of the ()wirer submitting Lhe Walls am' spcecilicaliuns,
identity Ihe I,t)t involved, and the. Iclllowing inlinnnation :tbuttt the Inop used structures:
(a) I he location ul Ihe strwhit e upon the I_trt;
(b) Ihe elevation c,i the sl,nclure with tele,ence to the existing and fin't,;lted Lot glades;
(c) I be gene,al design:
((I) the inlet int Iayvut:
(c) 1 be este,it), finish matt,lits and colt),, ittclu(ling roof mater ials;
Il)
()ORA hail'illation which may be requjred in utile! Iv cleletmitie tvhelhet the sl.ructine
eonlinms to Zile slantlattls atiicidated in this Declination and the stainJaitis employed by the Committee iii
evaluating develcopnniicirt pnop os;lbs.
(g) A I'Iot l'L•ut at a scale of one inch equals 2() feet (I" — 2(Y) shall be tequiled, which shall
include topog,aptly now minion it Ihe I_ut has a gtcde tliifetence from one side to ttnoi.lter of Wrote lhtut
ltd III)) feel. "1 lie plan shall also include specific details of ttont and side yard landscaping irulnovemet,l s
c;tlemlirrg cup It) the edge cut file ;keel (raving on flit Iol. I,onl;cge.
I'ap.e 2.1 cul 27 5112 11(12
' • . r.
•thl •I he snhmittal to the Committee mast he accompanied by the information sunnnary .sheet
altactued as I,xhihit It or this Der laralinn. All information requested (trust be included im the summary
sheet lin Tire (•r,nnnrillce to tic Ale Inerts:aider the submittal complete. I lie (irate per kid allowed for review
by the I nnnnittec as ;et tortlr in .cairns 12 herein shall continence once the subniittal is considered
ccnnptcte.
Scc:tiul19 Ilan Lheck All individuals submitting plans to the Committee shall be obliged
to pay a reasonable plan chuck fee to cover the adntinis native costs of reviewing such development
proposals. It will he necessity to pay the plan check fee upon submitting plans and specifications to lie
t.'ulnmiflee. A plan check fee of .$50 will he chat ged to review plans and specifications lot Residences.
A fee of .1;75 (H) will he chargee) lot the review of other structures. After the development period. the
review Ices may lie changed by vole of a majority of the I_tuard, to cover reasonable review costs
Sec_tiuii_IU. Iw,llttati)tg_D.eveldplliet(t_1'tolw5als. The Committee shall have the authority to
establish aesthetic standards for evaluating development proposals. In addition to such standard, in
evaluating development proposals, the Committee shall determine whether the external design, color.
building littlerials, appe;u;uue, height, configuration, location on the Lot, and landscaping of the purposed
e s structure (the "design elements") Immunize with (I) the various features of the 'unlit al and built
environment, (2)tate aesthetic chat of the other horses in liaglecrest , and (3) any other factors which
affect the desirability of suitability of a purposed suriclone or alteration C,44 .(collectively the "approval
C=4 I10n1S"). 1he (:on►ttliltee shall decline to approve any design in which (I) the design elements fail to
(=> li iiitumize wilt Ihe approval tactors (lescribed in the previrjus sentence or which fail to meet any aesthetic
sl;nirlards promulgated by the ('unnninee, (2) impacts adversely on nearby Ii,operties and Common Areas,
iii (1) is iii a tentprnary or nun permanent nature. Committee determinations may be amended by a
major ily vote cul (.'utnntillee members.
SeclioiiII. 33:cchlsiijrns. So long as the Ueclat;nrt is either a Class A or Class II voting ►ne►nbet
of the Association. the Declat ant shall have the tight to waive (-lie plans and specifications review for
builders in I;aglectest. Any such waiver shall not exempt said builder front any of the standards or
testiicliuns articulated in this Ocularatiot, and all structtr(es and imptoventents shall meet all standa►ds
and testi idiot's contained in these declarations.
Se_c_liui►_l2. Apl>.tovaII'u,cedures. Within fourteen (14) days after the receipt of plans and
specifications. the Committee shall approve or disapprove the ptoposed structure. ilre Committee may
decline to ;tppruve plans and specifications which, in ifs opinion, do not confoun to test,ictions articulated
in this Declaration and criteria (including those in Section 10 of this Article XV) or to its aesthetic
standards. lite Committee shall indicate its approval of disapproval on uric of the copies of the plans and
aper ilicaliuns provided by die applicant and shall tenon the plans and specifications to the address shown
on the plans and specifications. fit the event that no disapproval of such plans and specifications is given
within 1601 leen (14)days of submission, (hen the plans shall be deemed to be approved. In any event, the
Association shall hold the Committee mentbets (and die Declarant, if acting as the Committee) harmless
Itctiti any actions taken (in actions not taken) relative to the approval. disapproval, or non-action on any
plans submitted for review. "Nun-action" on the part of the Committee shall not exempt the applicant .
from ally of the provisions of this Declaration on the testi ictions articulated hetein. Ify purchasing a Lot.
' r r ! t ' r , the Owners agree that. to the extent permitted by law, the Declarant shall have no liability
to the Otuners to the Association for any actions taken, or actions not taken, while acting as the
('untntillce.
Page 24 of 21 51(2 ul)2
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';cctitttl_I.{ Compliancetyill►__S_ales/. 1It�_itc�lulJelll.al_I_;l1vs.
tai In all cases. ultimate leponsilility fin satisfying all local building codes :Intl ieguifefhenls
testa: with Oce ()w,ii and tontt:Itt,,, employed by the Dyne,. the (:tnntnittee Ir,,s no respoir;ihilily It"
en;tuin)t than plants and spccili, dittos tvhicl► it tevietvs tmittply with local building codes and terinirenients
I he Owner :hall hold the t.trnnnince members (:nut IJecl:Datil)hatn►less in the event that a shructrite which
the t'affiance (or Deciatalit) authcnizes (ails to comply with teievtutt building and zoning teguitcnlclils
of these covenants and testi it lions contained het cin. No pet son on the Committee ut acting on behalf of
Ore (onnnince. Dor the I.rcclalatl acting as the (:.onunittee, or anyone acting on behalf of the Declat ant.
;hall be held responsible 1w ally defect in any plants or specifications which ate approved by the
tcnrnrillec• of 1)(Thi:rnl nor shall any menthe' of file Committee or any stetson acting on behalf of the
1 'otnnriltcc• of I)eclar;url he lit responsible for any detect in :t slim:tine which was built 1111suanl to plans
and spccifiLarions approved by the ( onumince. of Iry the Declarant.
(lr) Neither the Ileclaiant, the Committee, nor any member of the Committee, Dur the
Association,. not anyone acting oil behalf of the Uolinnittee or the Association, shall have any tesponsibility
Int compliance by thyme, On any agent, telnesentative, guest, or invitee of Ownef) with any
,--- envifonn,enlnl laws. tegnlation5. of /tiles, including, hot not limited to, those relating to hazaidutts waste
and placement of underground oil storage tanks.
Crs
•
I'I. Val 410011 the ( oomitlee shall have the aulhotily to apptuve plans and specifications
which ell, not courant to these Ic:illictiolls in nide! to (I) (welcome practical difficulties or (2) ptevenl
t=' undue h;utlship hum being imposed Ott an Owner as a result of applying these testi ictions. flowever, such
acs vat ill ions may only be apptovcd in the event that the vat halal tvill not (I) (lettimenlally impact on the
over all algueatmice of the development, (2) impair the atitaclive development of the subdivision or CI)
c"4 ativc,se,v affect the chitaclef ul meat by boll. (itanling Stich a variation shall not conslitule a waiver of
the restrictions articulated in this Declaration. Variations shall only Ire granted it the ('onunillce
dctetmines that the vat woldd birder the pail poses anti im(etit of these testiictiuns. Vat shall
only lie planted in exltaurdinaty circumstances.
Seclittr►_15 L4-tt1ott_ett►ent. lite Association (including the Declarant on behalf of the Association).
llomtd, tit any ()woe,. shall have the tight to bring suit rot judicial enforcement of a determination of the
t oonrrihlee. III, :timet the development period, to sect: an ride, requiring the Committee to exercise ifs
anfhotity. anti perform its finictions. under this A,ticle XV. hi tiny judicial :,carom to enforce a determina-
tion tit the t'onnnittee. the losing liatty shall pay the prevailing patty altotney fees, expert witness lees.
and tither costs incurred in connection with such a legal action or appeal (see Atticle XVI, Section 5).
,Sec(ioli1G. Cilli►tt►itice/Declal;pit_Liability. 'I Ile Association shall hold the Committee A•lembcts
anal the hicclaraltt, if acting as the Committee, nless boor any actions taken (or actions not taken) tinder
any pievions of this Declaration_ including, but not linijted to, actions taken (or not taken) tinder
Articles XII. XIII and XV of this Dechualiott. Ily purchasing a Lot in Laglectest , the Owners agree that.
to tare extent pet witted by the law, neither the Declarant (nor any officer, ditectur, or teptesenlative of
Declarant). nen the Conmiltce• (nor any member of the Committee) shall have any liability to the Owners
tut to the Association for any actions taken, or actions not taken, while acting as the Declarant or the
a.:oInrlitcc Butler Ibis Decimation.
"Flom action" orf the pall of the (_'onnnitice to the Declarant shall nor exempt, the applicant bunt
any of the provisions of Ibis I'eclaration ur ieslriclivns contained in this I)eclarntiun.
I'nve 25 of 2! ,
51;2.Illi,_
1 " .1 1 •• 1 ,•
• • • 1 1 • •
•Alt Iit.Ii'. X VI
t.il;flt:ItAL_ I'ItOVI;>It)l`IS
Sct.liun_l
(.:o cl)attls_Ituttoing sy_ith lhe__I_:Ind. These covenants ;tie to 11111 with the land and by;
binding la, all panties :incl persons claiming nide! their for :1 pet iod vt 'bitty (It)) years frons the dale these
covenants ale tecutded, anti tvhic.li time the covenants shall he automatically extended fur successive
periods cel Ion (III) yeats unless an instillment signed by a urljcnily of the individuals then owning tots
has been term(led which telly(is Inch intent to amend, tit lenitive the covenants Iii whole in in p;tit.
Section.2. /1plegtlnlclll. the covenants and testi idiot's atlicula(ml in this Declaration shall nun
will, the Iand and bind the land len a Iii iii 01 Ihiily (10) }+eats (tum the dale that this Decimation is
tccotdcd. Afiet .111 yeas have explicit. the covenants shall be automatically extended in accordance wills
the provisions set hall' in.Section I of this Atticie. So lung as the Declarant is either it Class A of Class
It menthol of the Association. this Decimation may be amended only if (a) the (Jeciatant gives the
Uccl:Haul'.s cxpiess cvlittcn :gcpiov;tl of the amendment in WIiting, and (b) the Owttets of at least 5I
percent (Si%) til the Los. including those owned by Uecl:tail, sign an institiment (which may he
executed in ccilnttetllatIs) aplptoving the amendment. AI such time as the Declarant is no lunget a Class
A ua (.I:ass 11 voting member of the Association, this Declaraliun may be amended if the Owners of at least
e=, 75 percent (7.5%) of the Lots vote to amend particular Inuvisiuns of this Instilment as them in effect
(including ;toy pilot amendments). In no event shall any provisions expressly repelling to the I/eclat mit
O
lie ;upended al any lime witilunl hi ie exptcss millet) apptoval of the IJccliiialit tit the Declatatit s sdcceSsot
•-- in interest (unless the Declarant, of I)eclat:tot's snccessot in inletest, no lunger exists). All amendments
Kine ltentun
O must be piled with the ullicc of Nicking Comity and/til City of Auditor.
".1 Iii t o cUvellctultr Piny 11111
O Ili ultn_uhll tl lu nnslentt! Ills I)rchtl,nll tit /\i ui►Ilton of Alm Ip"Itirpteil�illlpc (it•ntaltit;ill lltn
.'N us(,uulolnvo stutrttvc)olet locilily nlltllul ultlett,,t!Ilt;y ilcnom,s; 1Nillurtl. I.IIrt prior vvtlltoll I,otitihvAlt,tl
til Ilan lily of 11+:Illutl". •
et.tiun 3 htsur;ult.c the Association shall have no obligation to obtain any '1115111ance on she
I.nlr; cut the sltuctutes located on the Cols exceplt. ;is expiessiy provided het ein.
Section'l. Lt►(ctccotcttt. t he Association (including the Declarant on behalf of the Association),
the !Jolla, cut any Ownct shall have the ight to enforce, by ally legal proceeding, all iesttictions, condi-
lions. covenants, IcseiValium, liens and charges now or bet eaftet imposed by the provisions of this
Ikxl;uation (including, but not limited to, Ailicle XV, Section I5).
Seclittn_j. Altoimey_Ices. in the event that. it is necessary to seek the set vices of aur attorney in
order Io eitrotcc any (I)provisions of this Decimation. m (2) lien created putsuant Iv the authority of this
I Icrlalation. the individual against whom enforcement is sought shall be personally obligated to pay any
altnlcncy fees incmied. II the Owner fails to pay such Ices within sixty (6O) days, Mich lees shall became
a lien :t)l:linsl the Owner's Lot.
In any legal action commenced ill tatter lo enfutce the ltuvnsnons til tins IJecia►al.ion, the prevailing
pc:uly shall he entitled to recover all reasonable allot ney fees and expelt witness fees incutled to tilde! to
cnturce the provisions of This Decantation. The pievailing patty shall also be entitled to recover all costs.
:.icc(iun 6. Liens_for_.Olhet_Lh,uRes. This Section shall apply to all fees, charges, penalties,
inteIcra. costs, allulncy lees and other amounts assessed against an Owner tit the Owner's I_.ut (tate "other
tbatpc^") incl which ;tic nal described in,Sections _{ :11(1 'I of At title VIII of this Declaration (tale "tegular
assessments"). Unless whet wise provided in this Decimation, the other charges shall be a personal
utlig:llinn cut Ihc ()wile!, and also a lien against the Owner's 1_ol(s) identical to the lien of the regular
assessments. the liens upon Lois Ill other(lunges may be recorded, collected and totecaused in the sante
manner as licos fun iegtdal arsessmenls, with (lie costs (incatnling reasonable attorney tees) of cnlleclhnl
('age 2(i of 21 5112 1102
•
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or Itueclusure. or both. to be additional "other charges" for which the Owner shall be personally liable
and which shall be a lien on the Owner's Lot enforceable as provided in this Section.
acclltn._J. Iitlerest. All assessments, penalties, liens, fines, and other charges (defined in Section
5 of this Article XVI) shall hear interest, if not paid when due. at the rate of 12 percent (12%) per annum
until paid in lull. the interest shall accrue from the due date.
SSS tIUIL$. atISSlss s_at)d-.AS5.tfals• The covenants, restrictions and conditions articulated in this
Declaration shall run with the land and shall accordingly be binding on all successors and assigns.
Se t QJ`Z. l he invalidity of any one or more (►bases, clauses, sentences, paragraphs
or sections herein shall not affect the remaining portions of this Declaration or any part thereof. In the
event that one or more of the phrases, clauses, sentences, paragraphs or sections contained herein should
be invalid, this Declaration shall be construed as if the invalid phrase, clause, sentence paragraph or
section had not been inserted.
5Qctiutl1_0. Rik AK.airist 1'eipeluit_ies. In tlhe event that any provision or provisions of this
Declaration violate the title against perpetuities, such provision or provisions shall be construed as being
void and of no effect as of twenty-one (21) years after the death of the last surviving member of the
`r' Temporary Hard appointed by the Declarant in the Articles of Incorporation for the Association ("First
Temporary Board") of the Association or twenty-one (21) yeats after the death of the last survivor of all
of any of the First Temporary Board member's children and grandchildren who shall be living at the time
this instrument is executed, whichever is later. All such ptovisions shall be given full effect until the
particulat provisions become void under this Section.
IN 1VfiNF.SS W111E:UAW the undersigned, being the Declarant. herein, have hereunto set their
hand and seal this --_7_ day of /1444•4191 .__--
Pacific IIuls & Castles , Inc.
o�®000
1
Greg ,I . Quinnir
— — • If1
•40 t1O 411 ,-.
L,\ istic
t y' 0
i
f
STATE ATI: OI' ) l-y�,�gep�,,��•
ft
Of'
I certify that I know or have satisfactory evidence that tee* iikkAr
signed this instrument, An oath stated that (he/she was authorized to execute the instrument and
acknowledged it as the 01001. of U.. 4 1,g• to be the free
and voluntary act of such part for the uses and purposes mentioned in the instrument.
Date /11i4-7 7 / 2 4 P-Z — --.
Signature of ♦ 7,
Notary Public l/
My appointment expires G'tv'-�
Page 21 of 21 5712.002
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1iXIIIIII I' "A"
I)I:S(:101'11OM
II11'. I,AIJO RII IRRIIt I11 RJ 11115 POLICY IS SIM/VI iI) !NINE SI'AII; OI' WASIIINWON,
('(1(INI-Y OF KINN \NU IS UI'5('I(I1311) AS 101.LOWS:
I111,, NUI(III 5(IU HT!.l (IF 11111 \VFSI HALF OF 1711; WEST NAL!' OF -1111 NOI(IIIWIST OUAII'lIjR
OI' SIiUIION I'1, lU\VNSIIII' 2.1 0011111, I(AI'IOE 5 LAS I', W.M., IN KING COUNTY, WASIIINGION;
�-" I;XCIiI'r 1111; I,ASl 225 1:11'.1 11I1.1(I,0P;
ALSO L,X(:EI'I 11111 WESI 3(1 1114 11Ir,1(LOI;
Al SO EX(:I,i'I' 'IIIA I' POI)I ION 'I II1;1(IiOF CUNNENINI_.0 IN KING' COUNTY SUPERIOR COURT
CAUSE NO. 632253 11)11 SO(IlIII(AS1 1211111 SIRI_IiI',
C]
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I-111102