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HomeMy WebLinkAboutRC 20000612000414 • • Return Address: 20000612000414 CITY OF RENTON COV 32.00 WHEN RECORDED RETURN TO: 06/12//2000F10 56 Office of the City Clerk KING COUNTY, WA Renton City Hall 1055 South Grady Way Renton,WA 98055 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WINDSONG Grantor/Declarant: CENTEX HOMES 0 o Grantee: WINDSONG HOMEOWNERS ASSOCIATION Legal Description: cn int Abbreviated: POR SW 1/4, SE 1/4, S 10, T 23 N,R 5 E o C ' Full: See Exhibit B Property Tax Account Numbers: THIS DECLARATION is made this day of , 2000,by CENTEX HOMES, a Nevada general partnership (hereinafter"Declarant"). RECITALS A. Declarant is developing a residential subdivision known as Windsong ("Windsong") in phases or divisions upon certain real property in the City of Renton, the legal description of which is attached as Exhibit A. B. Declarant has developed the first phase of Windsong, Windsong, Division 1, on a portion of Windsong,the legal description of which is attached as Exhibit B. 06/08/00 9:48 AM —1- 5016229404 C. Declarant has formed a homeowners association to which only the owners of lots in Windsong will be members, to be filed with the Secretary of State, Washington, as Windsong Plat Homeowners Association, a non-profit corporation. D. Declarant desires to establish covenants for the purpose of protecting the value and desirability of the property within Windsong, and the rights and benefits of the lot owners thereof, of insuring the aesthetic quality and uniformity of the structures and improvements in Windsong, and of defining the rules for the use and ongoing maintenance of its common areas. DECLARATION NOW, THEREFORE,Declarant hereby declares that Windsong, Division 1, a subdivision, recorded in Volume i V q of Plats, Pages 86 through A 3 in King County, Washington, under King County Recording Number.2,0efa c 4/2.oaow.,and any additional property as may hereafter be brought under the jurisdiction of this Declaration as provided herein, shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements. Lila C:7 These covenants, conditions, restrictions and easements shall run with the land and shall inure to the benefit of and be binding upon all parties, their heirs, successors and assigns,having any right, title or interest in the described plat or any part thereof. Article I. DEFINITIONS 1. "Additional Property" means the portion of Windsong that is not part of Windsong, Division 1, which Declarant reserves the right to subject to this Declaration, as described in Exhibit C, as it may be amended upon the addition of portions of that property in later divisions. 2. "Association" means Windsong Plat Homeowners Association, a Washington nonprofit corporation, its successors and assigns. 3. "Board" means the Board of Directors of the Association as provided for in the Bylaws of the Association. 4. "Bylaws"means the Bylaws of the Association and all amendments thereto. 5. "City"means the City of Renton, Washington. 6. "Common Area" means all real property and interests in real property (including the improvements thereto) in Windsong owned by the Association for the common use and enjoyment of the Owners, as described in Exhibit D, as it may be amended upon the addition of property in later divisions. 05/17/00 2:57 PM -2- 50162294.05 7. "Declarant" means Centex Homes, a Nevada general partnership, and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 8. "Declaration"means this Declaration and any amendments thereto. 9. "Lot" means each of the numbered lots in Windsong shown on the Plat, and shall not include any Common Area, any areas reserved for future development or areas dedicated to governments or public agencies. 10. "Owner" means the record owner, whether one or more persons or entities, of a fee simple title to any Lot in the Property, including any person or entity holding a vendee's interest under a real estate contract for the sale of any such Lots, but excluding those having such interest merely as security for the performance of an obligation. 11. "Plat" means the plat of Windsong, Division 1, a subdivision, recorded in Volume /Rtj of Plats, Pages%an through •9•4# in King County, Washington, under King County Recording Number 4,13,090��a,pbd y i 3 , and the plat of each subsequent division of Windsong recorded on the Additional Property. LCD 12. "Private Easements" means the private storm drainage and private access easements benefiting certain Lots, as shown on the Plat. Maintenance of these easements shall be performed as set forth in Article VII. 13. "Property" means the real property subjected to this Declaration, consisting of Windsong, Division 1, and the portions of the Additional Property subsequently brought within the jurisdiction of this Declaration. Article II. PROPERTY RIGHTS 1. Owners' Easement of Enjoyment Every Owner shall have a nonexclusive right and easement, in common with all Owners, of enjoyment in and to the Common Area. This easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds of each class of members has been recorded; 05/17/00 2:57 PM -3- 50162294.05 • • (b) the right of the Association to mortgage, pledge or deed in trust all or any part of the Common Area as security for money borrowed or debts incurred. No such mortgage, pledge or deed in trust shall be effective unless an instrument agreeing to such mortgage, pledge or deed or trust signed by two-thirds of each class of members has been recorded; (c) the right of the Association to adopt rules governing the appropriate use and treatment of the Common Area and facilities; and (d) the right of the Association to require from any Owner reimbursement to the Association for damages caused to the Common Area or Lots due to such Owner's negligence or willful acts. 2. Declaration of Shared Access, Storm Drainage, and Utility Easements Declarant hereby grants and conveys the shared access, storm drainage, and utility easements as shown on the Plat. Certain Lots share Private Easements for access, storm drainage, and utilities. The Private Easements shall be maintained as set forth in Article VII. Q O `" 3. Delegation of Use r-- C.S3, Any Owner may delegate his or her right of enjoyment to the Common Area and c facilities to the members of his or her family, his or her tenants, or contract purchasers who • reside on the Property, in accordance with the Bylaws of the Association. Article III. OWNERS ASSOCIATION 1. Establishment There is hereby created an association to be called Windsong Plat Homeowners Association. 2. Form of Association The Association shall be a nonprofit corporation formed and operated pursuant to Title 24, Revised Code of Washington. 3. Membership Every Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. 4. Voting 05/17/00 2:57 PM -4- 50162294.05 • (a) Voting Membership. The Association shall have two classes of voting memberships: Class A. Class A members shall be all Owners of Lots, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members entitled to one aggregate vote for each such Lot owned. Class B. The Class B member shall be the Declarant,which shall be entitled to three votes for each Lot owned by it. The Class B membership shall cease and be converted to Class A membership on the earlier of the following: (1) when the total eligible votes in the Class A membership equal the total eligible votes in the Class B membership, or (2) on January 1, 2005. e-- (b) Number of Votes. Except as provided above, the total voting power of all Owners o shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one vote. When ownership in one Lot is in joint Owners, the vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any one Lot. If more than one vote is cast for a particular Lot, none of those votes shall be CJ counted and those votes shall be deemed void. The vote for any Lot must be cast • C_+ as a single vote. Fractional votes shall not be allowed. (c) Voting Representative. There shall be one voting representative of each Lot. Declarant shall be the voting representative for each Lot owned by Declarant. Each individual Owner shall be the voting representative for each Lot owned by such Owner. Declarant and Owners may designate a voting representative other than themselves who need not be an Owner by written notice to the Board. Such designation shall be revocable at any time by actual notice to the Board. 5. Bylaws of Association (a) Adoption of Bylaws. Bylaws for the administration of the Association and the Property shall be adopted by the Owners at a regular or special meeting or by the Board. Declarant may adopt the initial Bylaws. Amendments to the Bylaws may be adopted by the Owners at a regular or special meeting, provided notice of the time, place and purpose of such meeting shall be delivered to each Owner at least ten days prior to such meeting. (b) Provisions of Bylaws. The Bylaws shall be deemed to contain provisions identical to those provided in this Declaration, and may contain supplementary provisions not inconsistent with the provisions in this Declaration. To the extent any inconsistencies arise between the Bylaws and the Declaration, the Declaration 05/17/00 2:57 PM -5- 50162294.05 • shall control. The Bylaws shall establish such provisions for quorum, ordering of meetings and giving of notices as maybe required for the proper administration of the Association and the Property. Article IV. MANAGEMENT OF ASSOCIATION 1. Administration of the Property The Owners covenant and agree that the administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws. 2. Management by Declarant Declarant or a managing agent selected by Declarant shall have the power and authority to exercise all the rights, duties and functions of the Board, including but not limited to enacting reasonable administrative rules, contracting for required services, property and insurance, and o collecting and expending all assessments and Association funds,until the earlier of: ca (a) one hundred twenty days after the Class B membership terminates; or (b) the date on which Declarant elects to permanently relinquish all of its authority under this section by written notice recorded in the real property records of King County, Washington. CD c� 3. Management by Advisory Board Declarant may select an Advisory Board comprised of Owners. This Advisory Board shall have full authority and all rights, responsibilities, privileges, and duties to manage the Property as may be delegated from time to time by Declarant, and shall be subject to all provisions of this Declaration and the Bylaws. Declarant may at any time terminate this Advisory Board. 4. Management by Elected Board At the expiration of Declarant's management authority as defined above, administrative power and authority shall vest in the Board elected by the Owners. The number, term, duties and powers and all matters relating to the organization of the Board shall be specified in the Bylaws. The Board may delegate all or any portion of its administrative duties to a manager, a managing agent or as may be provided in the Bylaws. Article V. COVENANT FOR MAINTENANCE ASSESSMENTS 1. Creation of the Lien and Personal Obligation of Assessment 05/17/00 2:57 PM -6- 50162294 05 • Declarant, for each Lot, hereby covenants, and each Owner by acceptance of a deed or other conveyance for any Lot, whether or not it shall be so expressed in such deed, is deemed to personally covenant and agree to pay to the Association: (a) annual assessments or charges; (b) special assessments for capital improvements, reconstruction or other purposes; and (c) special assessments for maintenance, repair or reconstruction of facilities used in common within the Private Easements. The annual and special assessment shall be established and collected as hereinafter provided. The annual and special assessments or charges, together with interest, costs, and reasonable attorneys' fees incurred in the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. 2. Purpose of Assessments 0 The assessments levied by the Association, other than assessments for Private Easements, co shall be used exclusively for the maintenance, repair and replacement of the Common Area within the Property which are for the joint benefit of the Owners and to promote the recreation, health, safety, and welfare of the residents in the Property. 3. Initial and Subsequent Annual Assessments; Budgets 41..E The initial annual assessment for calendar year 2000 is $276 per Lot. The initial annual assessment shall commence for each Lot on the first day of the month following the date of closing of the conveyance of the Lot from Declarant to an Owner other than Declarant, with the amount due prorated based upon the number of months remaining in the calendar year. Subsequent annual assessments shall be based upon annual budgets adopted by the Board and ratified by the members of the Association at a meeting of the Association held for that purpose. The budget adopted by the Board shall be deemed approved by the members unless members holding 51% of the votes in the Association vote to reject the budget at that meeting. 4. Special Assessment for Capital Improvements In addition to the annual assessments authorized above, the Association may levy in any assessment year a special assessment for the purpose of defraying in whole or in part the cost of a capital improvement upon the Common Area. The special assessment shall levied pursuant to a budget approved by the Board and ratified by members of the Association at a meeting of the Association held for that purpose. The budget adopted by the Board shall require ratification or approval by members holding two-thirds of the votes of members who are voting in person or by proxy at a meeting held for that purpose. 5. Notice of Meeting for Any Action Authorized Under Sections 3 and 4 05/17/00 2:57 PM -7- 50162294.05 • • Written notice of any meeting called for the purpose of voting on any action under Section 3 or 4 shall be sent to all members of the Association not less than 14 days nor more than 60 days before the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast 40% of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. 6. Uniform Rate of Assessment Subject to the provisions of Section 7 with respect to commencement of assessments and Section 9 with respect to assessments for Private Easements,both annual and special assessments must be fixed at uniform rate for all Lots and may be collected on an annual, quarterly or monthly basis, as established by the Board. 7. Date of Commencement of Annual Assessments The annual assessments provided for herein shall commence as to each Lot on the first day of the month following the conveyance of each individual Lot from Declarant to an Owner 0,4 other than Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year, and shall be paid upon closing of the Lot. The amount of the annual assessment against each Lot shall be established at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. The due date for each full year's annual assessment shall be January 15th or such other date or dates as may be established by the Board. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly 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. 8. Payment of Annual Assessments Each Owner shall pay its annual assessment on or before the date due to the Association or its managing agent. 9. Assessments for Private Easements The Association may levy special assessments against Lots served by a Private Easement for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection with performing requested maintenance, repairs or reconstruction of facilities within the Private Easements. 10. Effect of Nonpayment of Assessment and Remedies of the Association 05/17/00 2:57 PM -8- 50162294.05 • Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 12% per annum. The Association may foreclose the lien against the Lot by judicial or nonjudicial procedures, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of the assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his or her Lot. 11. Subordination of Assessment Liens to Mortgages Any lien upon a Lot for assessments created under this Declaration shall be subject and subordinate to any security interest perfected by a first deed of trust or mortgage granted in good faith and for fair value upon such Lot. The sale or transfer of any Lot pursuant to foreclosure, or to any proceeding in lieu thereof, of any such deed of trust or mortgage shall extinguish any such subordinate lien for accrued assessments. No such sale or transfer, however, shall relieve such Lot from liability for any assessments becoming due after such sale or transfer or from the lien therefor. 12. Subsidy by Declarant C`,+ During the period in which Declarant retains the authority under this Declaration and the Bylaws to elect a majority of the Board, Declarant shall subsidize the Association to the extent that the expenses of the Association exceed the revenues raised by the collection of assessments. Article VI. ARCHITECTURAL CONTROL AND RESTRICTIONS APPLICABLE TO THE PROPERTY 1. Improvements Subject to Architectural Control No clearing, grading, construction or placing of any building, fence, wall, substantial landscaping or other improvement shall be commenced or executed upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee (the "Committee"), in its sole discretion, as to harmony of external design and location in relation to surrounding structures and topography. In the event the Committee fails to approve or disapprove of such design and location within 30 days after such plans and specifications are submitted to it for approval, approval shall not be required and compliance with this Article shall be deemed to have been met. Except that, any and all construction of improvements performed by Declarant shall not be subject to this provision. 2. Qualifications, Number and Term of Members of the Architectural Control Committee 05/17/00 2:57 PM -9- 50162294.05 Until 90% of the Lots are sold, Declarant shall have the right to exercise all the powers and duties of the Committee. Thereafter, the Committee shall be composed of three or more persons appointed by the Board to serve until removed by the Board. The members of the Committee need not be members of the Association. 3. Purpose The purpose of the Committee is to protect and preserve the property value of the Lots and improvements thereon by preventing unsightly conditions and unsuitable improvements from existing on the Property. 4. Powers The Committee shall have the right to: � . (a) establish guidelines, procedures and requirements for the construction or alteration of any and all improvements to be erected or placed on any Lot or building site on the Property, including but not limited to requirements for elevation plans, specifications, plot plan, lot grading plans, workmanship and materials, height restrictions and building setback restrictions (the "Architectural Guidelines"). The original Architectural Guidelines are attached to this Declaration as Exhibit E. The Architectural Guidelines may be amended from time to time by the Committee without the necessity of amending this Declaration so long as such amendments are not inconsistent with the restrictions set forth in Article X; (b) review plans and specifications and other materials submitted in connection with the construction or alteration of any improvements on the Property and approve or disapprove such submittals in accordance with the Architectural Guidelines; and (c) recommend and approve the construction of walls, rockeries, fences, or other structures for the purpose of screening portions of the Property from public view, minimizing noise factors, increasing aesthetic value or for other reasons that would contribute to the enjoyment, convenience and benefit of all Owners, and establish the requirements for the size, height, plans and specifications, color and materials of such structures. 5. Procedure for Architectural Committee Approval The procedure for obtaining approval from the Committee for any construction or alteration subject to the requirements described in this Article is set forth in Section III of the Architectural Guidelines. 6. Nonliability for Approval of Plans 05/17/00 2:57 PM -10- 50162294.05 • Committee approval of plans shall not constitute a representation, warranty or guarantee, whether express or implied, that such plans and specifications comply with good engineering design or with zoning or building ordinances, or other governmental regulations or restrictions. By approving such plans and specifications, neither the Committee, the members thereof, the Association, any member thereof, the Board nor Declarant assumes any liability or responsibility therefor, or for specifications. Neither the Committee, any member thereof, the Association, the Board nor Declarant shall be liable to any member, Owner, occupant, or other person or entity for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective; or (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications. 7. Restrictions Applicable to Improvements on Property Restrictions applicable to the development and/or improvement of the Property are set forth in Article X of this Declaration and in the Architectural Guidelines, as they may be C.3 amended from time to time. LSD a 8. Waiver or Modification of Restrictions The Committee may by written determination waive or modify any restriction contained " in the Architectural Guidelines if the Committee finds that an extreme hardship may be imposed by a restriction and if a waiver or modification of such restriction would not have a significant adverse effect on the Property or the general plan of the development; provided that any waiver or modification shall apply only to the specific Lot and restriction set forth in the written determination. 9. Right of Entry for the Purpose of Verifying Compliance with Restrictions Any agent or officer of the Association may during regular business hours and upon 24 hours' prior notice enter and inspect any Lot and the improvements thereon to determine compliance with the provisions of Article X or the Architectural Guidelines. The Association, and any of its agents and officers, shall not be deemed guilty of trespass or liable for any reason for such entry or inspection. 10. Evidence of Compliance With Restrictions Records of the Association with respect to compliance with the provisions of Article X or the Architectural Guidelines shall be conclusive evidence as to all matters shown by such records. After the expiration of six months following the completion of any construction, addition, alteration or change to any improvement or structure, in the absence of any notice to comply or in the absence of any suit to enjoin such work within said period, then such improvement or structure shall be deemed to be in compliance with the provisions of this Article. 05/17/00 2:57 PM -11- 50162294.05 • 11. Declarant Exemption The Committee shall have no authority, power or jurisdiction whatsoever over any Lots owned by Declarant. This Article shall not be amended without Declarant's written consent set forth on the amendment. Article VII. MAINTENANCE OBLIGATIONS OF OWNER 1. Maintenance of Exteriors Each Owner shall maintain his or her entire Lot and the improvements and structures thereon, including fences, in a neat and safe condition, satisfactory to the Board. Satisfactory yard landscaping must be completed within nine months of an Owner's purchase of a Lot. In the — event an Owner fails to comply with the requirements of this Article, the Association, after approval by two-thirds vote of the Board, shall have the right through its agents and employees, to enter upon such Lot to repair, maintain and restore the Lot and the exterior of the o improvements and structures thereon. The cost of such exterior maintenance shall be added to r., and become a part of the assessment to which such Lot is subject. 2. Maintenance of Private Easements Owners of Lots served by Private Easements shall be jointly responsible for maintenance, CD C-Nt repairs, and reconstruction of the portions and facilities of the Private Easements used in common. The Owners served by a Private Easement may elect to have the Association maintain that Private Easement, as set forth in Article VIII. 3. Owner's Obligation To Maintain Certain Plantings When the Association has permitted an Owner to plant a portion of the Common Area abutting the Owner's Lot, according to the Owner's landscaping design, the Owner shall thenceforth be obligated to maintain that portion of the Common Area encompassed by Owner's landscaping design. The Association shall have the right to elect to maintain such landscaped area and to charge the expense for the maintenance to the Owner as an assessment to be collected in the manner provided in Article V. Such right shall be exercised only after reasonable notice to the Owner. "Reasonable notice," as that term is used in this Article, shall mean mailing by certified mail to the last known address of the Owner shown on the books of the Association not less than 10 days before entry on such Owner's Lot is made or maintenance of Owner's landscaping in the Common Area is undertaken as provided in this Article. Article VIII. MAINTENANCE OBLIGATIONS OF ASSOCIATION; INSURANCE; PRIVATE EASEMENT AREAS 05/17/00 2:57 PM -12- 50162294 05 • 1. Maintenance and Insurance of Common Areas The Association shall maintain all Common Areas in good repair in a safe and clean manner and in conformance with all applicable laws, codes and regulations. The Association shall maintain such insurance on the Common Areas as it deems necessary. 2. Maintenance of Landscaping Areas The Plat designates certain of the Common Areas as "Open Space / Landscape" areas (the "Landscaping Areas"). Should the Association fail to properly maintain the portion of the Landscaping Areas on the perimeter of the Plat, the Owners of the adjacent Lots shall maintain the portion adjacent to their respective Lots, as reasonably necessary. The Landscaping Areas include Tract H adjacent to Lots 1 through 4, Tract C adjacent to Lots 36 through 41, and Tract E adjacent to Lots 28, 29, 30, 32, 33, 34, and 35. 3. Maintenance of Private Easement Areas In addition, the Association, upon the written request of a majority of the Owners of the Lots served by a Private Easement, perform such maintenance, repairs or reconstruction of the portion of the facilities within the easement used in common as may be requested by the Owners. If one or more of the Owners served by a Private Easement, but less than a majority of those served, makes a written request to the Association to have maintenance, repairs or reconstruction of a portion of the facilities within the easement, the Board shall, after notice and an opportunity to be heard given to all of the Owners served by that easement, decide whether it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost of such maintenance, repairs or reconstruction shall be assessed equally against each of the Lots served by the Private Easement unless otherwise agreed by the Owners. Article IX. RESTRICTIONS ON USE OF PROPERTY BY OCCUPANTS 1. Restrictions on Use The following restrictions shall apply to the use of the Property: (a) No Lot shall be used except for single-family residential purposes. The development of all Lots is restricted to the density limitation of the City Zoning Code. Temporary, "model home" real estate sales offices shall be considered a residential use until all houses have been built and sold on all Lots. Home offices shall be considered a residential use so long as (1) no signs indicating a business or commercial use are posted on a Lot or direct people to the office located within a home on a Lot, and (2)the home office is not an office to which customers or clients of the business are invited or which generates any more than negligible traffic within the subdivision. 05/17/00 2:57 PM -13- 50162294.05 • (b) No living unit shall be less than 1,500 square feet in living area, exclusive of garage. (c) No structure of a temporary character, trailer, basement, tent, shack, garage, barn or any other out-building shall be used on any Lot at any time as a residence, either temporarily or permanently. (d) No mobile, manufactured or modular housing shall be permitted except as otherwise provided by this Declaration. (e) In addition to those easements for access, installation and maintenance of utilities, drainageways and drainage facilities reserved as shown on the Plat, each Lot shall be subject to an easement of 10 feet on the front property line for underground utility lines and distribution system, and to easements of 2.5 feet on each side property line of the Lot and of 10 feet on the rear property line of the Lot for drainage purposes. Within these easements, no structures, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainageways in the easement areas. The easement area in "' each Lot and all improvements thereon shall he maintained continuously by the Owner, except for those improvements whose maintenance is the responsibility of �; a public authority or utility company. • (f) No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may become an annoyance or nuisance to any other Owner. (g) No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. (h) No Lot shall be used or maintained for dumping for any material. Trash, garbage or other waste shall not be kept, except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. (i) No individual water supply system shall be permitted on any Lot. (j) No individual sewage disposal system shall be permitted on any Lot. (k) No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind; no oil wells, tanks tunnels, mineral excavations or shafts; no derricks or other structures designed for use in boring for oil or natural gas shall be permitted, erected or maintained in or upon any Lot. 05/17/00 2:57 PM -14- 50162294.05 (1) No outside overhead wire or service drop for the distribution of electric energy or for telecommunication purposes nor any pole, tower or other structure supporting said outdoor overhead wires shall be erected, placed or maintained upon the Property. Only underground service wires shall be used to connect to the underground electric or telephone utility facilities. (m) All boats, boat trailers, travel trailers, motorized and non-motorized campers and other such recreational vehicles shall be stored within a garage or off-site. No car (whether operative or inoperative), boat, boat trailer, travel trailer, motorized or non-motorized camper or other recreational vehicle shall be parked outside of a garage or stored on any Lot or in the street right-of-way for more than 72 consecutive hours. (n) Except for subdivision or neighborhood identification signs at entrances stating only the name of the subdivision or neighborhood, no sign of any kind shall be displayed on any Lot, except one professional sign of not more than five square feet in size advertising the Lot and improvements thereon for sale or rent, or signs C:=3 used by a builder to advertise the Lot and improvements during the construction and sales period. Article X. GENERAL PROVISIONS 1. Enforcement The Association or any Owner shall have the right to enforce by any proceeding at law or in equity all covenants, conditions, restrictions, liens or charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any such provision shall in no way be deemed a waiver of the right to do so thereafter. 2. Severability Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 3. Term The covenants and restrictions of this Declaration shall run with and bind the Property for a term of 20 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years. 4. Amendments by Declarant During the period in which Declarant retains the authority to elect a majority of the directors of the Association, Declarant may amend this Declaration by an instrument in writing filed and recorded in the Land Records of King County, Washington, without the approval of 05/17/00 2:57 PM -15- 50162294.05 • (a) Notice of the subject matter of the proposed amendment shall be included in the notice of the meeting of the Association at which such proposed amendment is to be considered and shall be delivered to each member of the Association. (b) At such meeting, a resolution adopting a proposed amendment may be proposed by either the Board or by members of the Association. Such amendment shall be deemed approved unless members holding at least two-thirds of the total votes in the Association vote to disapprove said amendment, provided that: (i) any amendment which materially and adversely affects the security of any mortgagee must be approved by such mortgagee, and (ii) during any period in which Declarant has the authority to elect a majority of directors of the Association, such amendment must be approved by Declarant. (c) The agreement of the required percentage of the Owners and, where required, the Declarant and any mortgagee to any amendment of this Declaration shall be evidenced by their execution of such amendment or, in the alternative, and provided that Declarant does not then have the right to approve such amendment, the sworn statement of the President and any Vice President or Secretary of the Association attached to or incorporated in the amendment executed by the Association, which sworn statement shall state unequivocally that the agreement of the required parties was lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded or at such later date as may be specified in the amendment itself. 6. Attorney-in-Fact Each Owner, by acceptance of a deed or other conveyance to a Lot, shall irrevocably appoint the Association as his or her attorney-in-fact,with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Property, to deal with the Property upon damage or destruction, and to secure insurance proceeds. Article XI. MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers or guarantors of first deeds of trust or mortgages encumbering Lots. The provisions of this Article apply to both the Declaration and to the Bylaws,notwithstanding any other provisions contained therein. 1. Notices of Action An institutional holder, insurer, or guarantor of a first mortgage, who provides written request to the Association (such request to state the name and address of such holder, insurer, guarantor and the residence number, therefore becoming an"eligible holder"), shall be entitled to timely written notice of: 05/17/00 2:57 PM -17- 50162294.05 • (a) any condemnation loss or any casualty loss which affects a material portion of the Property or which affects any Lot on which there is a first mortgage held, insured, or guaranteed by such eligible holder; (b) any delinquency in the payment of assessments or charges owed by an Owner of a Lot subject to the mortgage of such eligible holder, where such delinquency has continued for a period of 60 days; provided, however, notwithstanding this provision, any holder of a first mortgage, upon request, is entitled to written notice from the Association of any default in the performance by an Owner of any obligation under the Declaration or Bylaws of the Association which is not cured within 60 days; (c) any lapse, cancellation or material modification of any insurance policy maintained by the Association; or (d) any proposed action which would require the consent of a specified percentage of eligible mortgagees. 2. Special Governmental Mortgage Agency Provisions `" So long as required by a Governmental Mortgage Agency, the following provisions apply in addition to and not in lieu of the foregoing. Unless at least two-thirds of the total members of c the Association entitled to vote thereon consent, the Association shall not: (a) change the method of determining the obligations, assessments, dues or other CD charges which may be levied against an Owner of a Lot; (b) by act or omission change, waive or abandon any scheme of regulation or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of residences, Lots and of the Common Area. (The issuance and amendment of architectural standards, procedures, rules and regulations or use restrictions shall not constitute a change, waiver or abandonment within the meaning of this provision.); (c) fail to maintain insurance as required by this Declaration; or (d) use hazard insurance proceeds for any Common Area losses for other than the repair, replacement or reconstruction of such property. 3. Right To Pay Delinquent Charges Failure of an Owner to pay assessments levied by the Association shall not constitute a default under an insured mortgage. First mortgagees may, however,jointly or singly, pay taxes or other charges which are in default and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage upon the lapse of an Association policy, and 05/17/00 2:57 PM -18- 50162294.05 • • first mortgagees making such payments shall be entitled to immediate reimbursement from the Association. Mortgagees shall have no obligation to collect assessments from Owners. 4. Amendment by Board Should any Governmental Mortgage Agency subsequently delete any of their respective requirements which necessitate changes to the provisions of this Article or make any such requirements less stringent, the Board of Directors, without approval of the Owners, may cause an amendment to this Article to be recorded to reflect such changes. 5. HUD or Veterans Administration Approval The following actions shall require the prior approval of HUD or the Veterans Administration so long as HUD or the Veterans Administration is guaranteeing any mortgage on a Lot within the Property: (a) annexation of additional property, except for annexation by Declarant pursuant to a plan of annexation previously approved by HUD or the Veterans • CD Administration; and C (b) material amendment of the Declaration, Bylaws or Articles of Incorporation. 6. Failure of Mortgagee To Respond Any mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the mortgagee within 30 days of the date of the Association's request. 7. Association Books and Records The Association shall make available to first mortgagees of Lots, and insurers or guarantors of any such first mortgage, current copies of this Declaration, and the Articles of Incorporation, Bylaws, rules and regulations, books, records and financial statements of the Association. "Available" shall mean available for inspection, upon request, during normal weekday business hours or under other reasonable circumstances. 8. Mortgagee Provisions Regarding Breach A breach by an Owner of any of the covenants, conditions and restrictions contained herein shall not affect, impair, defeat or render invalid the lien, charge or encumbrance of any first mortgage made for value which may then exist on any Lot; provided, however, that in the event of a foreclosure of any such first mortgage, or if the holder of the note secured by such first mortgage acquires title to a Lot in any manner whatsoever in satisfaction of the indebtedness, then the purchaser at the foreclosure sale or note holder acquiring title in lieu thereof shall, upon acquiring title, become subject to each and all of the covenants, conditions and restrictions contained herein,but free from the effects of any breach occurring prior thereto. 05/17/00 2:57 PM -19- 50162294 05 • 9. Professional Management In the event that Declarant or the Association enters into any contract with any person or entity to provide management or maintenance services to the project, such contract shall not exceed a reasonable term and shall provide that the Association shall have the right to terminate the contract for cause upon 30 days' written notice and without cause upon 90 days' written notice, without payment of a termination fee or penalty. Declarant has selected The CWD Group as the initial managing agent for the Association. The mailing address for The CWD Group is P.O. Box 99323, Seattle, Washington 98199. Article XII. EXPANSION OF THE COMMUNITY Ca 1. Expansion by Declarant Declarant may from time to time subject to the provisions of this Declaration all or any portion of the property described in Exhibit A by recording a supplemental Declaration CD describing the additional property to be subjected to this Declaration. A supplemental Declaration recorded pursuant to this Article shall not require the consent of any person other than Declarant or successor to Declarant. Declarants right to subject additional property to this Declaration shall expire when all property described in Exhibit A has been subjected to this Declaration or 40 years after this Declaration is recorded, whichever is earlier. Until then, Declarant may transfer or assign this right to any person who is the developer of a portion of the real property described in Exhibit A. Any such transfer shall be memorialized in a written,recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require Declarant or any successor to subject any additional property to this Declaration or to develop any of the property described in Exhibit A in any manner whatsoever. 2. Effect of Filing Supplemental Declaration A supplemental Declaration shall be effective upon recording unless otherwise specified in the supplemental Declaration. On the effective date of the supplemental Declaration, any additional property subjected to this Declaration shall have voting rights in the Association and assessment liability in accordance with the provisions of this Declaration. 05/17/00 2:57 PM -20- 50162294.05 • • DECLARANT: CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corp., Washington Division, a Nevada corporation, its general partner C-J-11114' IOBy: J C Phillip I. Jc, inson,`; ssistant Secretary STATE OF WASHINGTON ) c� )ss. cn COUNTY OF KING ) On this day personally appeared before me PHILLIP I. JOHNSON, who I know to be, or have satisfactory evidence that he is, the Division President of Centex Real Estate Corp., Washington Division, the general partner of CENTEX HOMES, a Nevada general partnership; who, under oath, stated that he was authorized to sign on behalf of such corporation and partnership the within and foregoing instrument and acknowledged it to be the free and voluntary act and deed of said corporation and partnership for the uses and purposes therein mentioned. DATE: 9lUlLz / Z6'Vb. (Signature of N.4 'ry) •------- qis, �t (Legibly Print or Stamp Name of Notary) /�� �`'SLON�•':FQ t� Notary public ' and,,,f : the State of Washington, :o NOTAR 9? y/ residing atCF��GG1 rm: •U PuatiC y; � My commission expires 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY IN ALL DIVISIONS OF WINDSONG Parcel A Vacated lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, of Serene Slope, according to the plat thereof, recorded in Volume 75 of plats,Page 97, in King County, Washington; c-- o- Together with that portion of 140 Place Southeast having a width of 60 feet lying north of the o south lines of lots 1 and 13, extended; Except any portion thereof, lying within Southeast 128th Street adjoining. LCI Parcel B The South 220 feet of the East half of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; Except that east 30 feet thereof for road; and Except the south 42 feet thereof conveyed to King County for road by deed recorded under Recording No. 5818149; and Except the north 8 feet of the South 50 feet of said subdivision conveyed to King County for road by deed recorded under Recording No. 6344627. Parcel C The East half of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington, except the East 30 feet thereof and except the North 210 feet thereof and except the South 220 feet thereof. Parcel D The West half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; except the West 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 3081013; and except the South 42 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 5755887 and except that portion thereof conveyed to King County for road purposes by deed recorded under Recording No. 7704220902. 05/17/00 2:57 PM 50162294.05 • • • EXHIBIT B LEGAL DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION LOTS 1 THROUGH 41 AND TRACTS A,B, C, E, F AND H OF WINDSONG, DIVISION1, PER PLAT RECORDED IN VOLUME Iqy OF PLATS, PAGES - sq , UNDER RECORDING NO, ,0000c� iae�yrs,IN KING COUNTY, WASHINGTON. 0 cz, 0 0 cv 05/17/00 2:57 PM 50162294.05 • • EXHIBIT C LEGAL DESCRIPTION OF ADDITIONAL PROPERTY The West half of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; except the West 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording No. 3081013; and except the South 42 feet thereof conveyed by King County for road purposes by deed recorded under Recording No. 5755887 and except that portion thereof conveyed to King County for road purposes by deed recorded under Recording No. 7704220902. 0 0 CD . CD cD cv 05/17/00 2:57 PM 50162294.05 f � • EXHIBIT D DESCRIPTION OF COMMON AREA TRACTS A,B, C,E, F AND H OF WINDSONG,DIVISION 1, PER PLAT RECORDED IN VOLUME pi OF PLATS, PAGES $O--$ / ,UNDER RECORDING NO. oo o 4 i ps o yr 3 ,IN KING COUNTY,WASHINGTON. cp c:, a cv 05/17/00 2:57 PM 50162294.05