HomeMy WebLinkAboutRC 9803101069 r
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Return Address:
City Clerk's Office
City of Renton
200 Mill Avenue South
Renton WA 98055-2189
Please print or type information
Document Title(s):
Declaration of Protective Covenants, Restrictions, Limitations, Conditions ®-
and Agreements with Respect to the Plat of Winsper II
Reference Number(s)of Documents assigned or released:
[on page of document(s)]
Grantor(s) (Last name first,then first name and initials):
1. Hultquist Homes, Inc.
*"'f 2.
� 3.
4. 0 Additional names on page of document
Grantee(s) (Last name first,then first name and initials):
1. City of Renton
2.
3.
4. ❑ Additional names on page of document
Legal Description (abbreviated: i.e. lot,block,plat or section,township, range):
That portion of Section 29, Township 23 N, Range 5 E, W.M.
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Assessor's Property Tax Parcel/Account Number:
292305-9124; 292305-9104
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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 OF PROTECTIVE COVENANTS,
RESTRICTIONS,LIMITATIONS, CONDITIONS AND
AGREEMENTS WITH
RESPECT TO THE PLAT OF
WINSPER II
IT IS HEREBY MADE KNOWN that HULTQUIST HOMES, INC., a Washington Corporation
(hereinafter referred to as the "Builder") does by these presents and as of the date set forth below
make, establish, confirm and impress upon the following-described property which comprises the
Plat of WINSPER II recorded under Recording No. ?go 3/o/v .2_5/ , records of King
County, Washington (which property is hereinafter referred to as WINSPER II), the following
restrictive covenants to run with the land and do hereby bind the Builder and all its grantees,
assignees and successors to said covenants for the term hereinafter stated. The real property
which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration
is located in King County, Washington, and is legally described as:
LOT 1
THAT PORTION OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
THE EASTERLY 660 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER LYING WESTERLY OF
SR515;EXCEPT THE SOUTH 130 FEET OF THE EAST 160 FEET THEREOF;ALSO
EXCEPT THE NORTH 135 FEET OF THE EAST 660 FEET THEREOF;
(ALSO KNOWN AS LOT 1 KING COUNTY SHORT PLAT No. 275022R, RECORDED
UNDER RECORDING No. 800321 0741).
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SITUATE IN THE COUNTY OF KING, STATE OF
WASHINGTON.
LOT 2
THE EAST 317 FEET OF THE SOUTH 123 FEET OF THE NORTH HALF OF THE SOUTH
HALF OF THE EAST 660 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER AND THE EAST 317 FEET OF THE NORTH 32 FEET OF THE SOUTH HALF OF
THE SOUTH HALF OF THE EAST 660 FEET OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,
IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY MARGIN OF S.R. 515
RI GH T OF WAY;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, AND STATE OF
WASHINGTON.
LOT 3
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THE EAST 660 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.,
IN THE COUNTY OF KING;
EXCEPT THE SOUTH 195 FEET THEREOF; ALSO EXCEPT THE EAST 317 FEET OF THE
SOUTH 123 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET
OF SAID NORTHWEST QUARTER; ALSO EXCEPT THE EAST317 FEET OF THE NORTH
32 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE EAST 660 FEET OF SAID
NORTHWEST QUARTER; ALSO EXCEPT ANY PORTION LYING EASTERLY OF THE
WESTERLY MARGIN OF S.R. 515 RIGHT OF WAY;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, AND STATE OF
WASHINGTON.
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`z) LOT 4, KING COUNTY SHORT PLAT No. 577051, RECORDED UNDER KING COUNTY
RECORDING No. 7902080736, BEING A PORTION OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST,
W.M.
SITUATE IN THE COUNTY OF KING,STATE OF
WASHINGTON.
1. GENERAL
PROVISIONS
A. These restrictive covenants shall run with the land and shall be binding upon the
Builder, its grantees, assignees and successors, and all persons owning Lots in WINSPER
II or claiming under them until January 1,2010, at which time said restrictive covenants
shall be automatically extended for successive periods of 10 years unless the owners of a
majority of the Lots, by an instrument or instruments in writing, duly signed and
acknowledged by them,terminate or amend said restrictive covenants insofar as they
pertain to residential lots. Termination of restrictive covenants will not end the Home
Owners Association's responsibility toward maintenance of Common Properties. Said
termination or amendments shall become effective upon the filing of such instrument or
instruments of record in the Office of the Recorder of King County, Washington. Such
instrument or instruments shall contain-proper references to the records of said office by volume
and page number of both the recording of the WINSPER II plat and the recording of this instrument
in which these restrictive covenants are set forth,and to the recording of all amendments hereof
B. If the Builder,the Owners of Lots in WINSPER II or any of them or their heirs or assigns,
shall violate or attempt to violate any of the covenants herein,it shall be lawful for any person or
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persons owning any real property situated in WINSPER II to bring suit against the person or
persons violating or attempting to violate any such covenant either to prevent said person or persons
from so doing or to recover damages or other payments for such violation,or obtain any other relief
or remedy available at law.
2.
DEFINITIONS
A. "The Association" shall mean WINSPER II HOMEOWNERS'ASSOCIATION,a
Washington nonprofit corporation to be established pursuant to the provisions of Paragraph 17
hereof,its successors and assigns.
B. "Builder" shall mean HULTQUIST HOMES, INC., a Washington Corporation and
any assigns of its interests in WINSPER II.
C. "Properties" shall mean that certain real property comprising WINSPER II and legally
described in the preamble hereof and additions thereto as are subject to this Declaration or any
supplemental declaration.
D. "Common Properties" shall mean all real property owned by the Association for the
common use and enjoyment of members of the Association and shall not include any streets or
other areas dedicated to public uses.The Common Properties for WINSPER II are particularly
described as follows:
Tot lot area and detention vault; Lot 24 Basketball area(Note: Lot 24 will be retained by
O'Connor & Assoc.,LLC until such time as it becomes available for building and the
temporary turn-around is no longer needed. Until such time, a basketball hoop will be
installed to be maintained by the WINSPER II HOMEOWNERS' ASSOCIATION.);
south side of South 35th Street from Cedar Street to Lot 45 West property line; Entry
Monument area(if any).
E. "Lot" shall mean any plot of land shown upon any recorded plat or subdivision map of the
Properties with the exception of the Common Properties and streets or other areas dedicated to
public use.
F. "Member" shall mean every person or entity who hold membership in the Association as
provided in Paragraph 17 hereof.
G. "Owner" shall mean the record owner,whether one or more persons or
entities and specifically including the Builder, of a fee simple title to any Lot
or Lots which are part of the Properties, including contract sellers,but
excluding those having such interest merely as security for the performance
of any obligation.
H. "The development period" shall mean that period of time from the date
of recording of the Declaration until January 1, 2001.
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3. BUILDING
RESTRICTIONS
A. All lots shall be known and described as "residential lots". A "building
site" shall consist of one residential lot.
B. No building or structure shall be erected, constructed, or maintained or
permitted upon such residential lots, except on a building site as herein above
defined.No building or structure shall be erected, constructed, maintained or
permitted upon a building site except a single detached dwelling house to be
occupied by no more than one family and attendants or domestic servants of that
family.
C. The total finished area of the main structure or building of the single detached
dwelling house, exclusive of one story open porches, decks,patios and garages, shall not be
less than 1,000 square feet for a one story dwelling or less than 1,500 square feet for a
dwelling of more than one story.
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0 D. No utility lines,pipes or wires for the transmission of power,plumbing,
television,telephone, or any other utility shall be constructed,placed or permitted
to be placed upon any residential Lot outside the buildings thereon unless the
same shall be underground or in conduit attached to a building.No television or
radio aerial or antenna shall be erected or placed on any residential lot which is
more than 6 feet in height above the highest point(exclusive of chimneys)on the
building or structure upon which it is erected.No satellite dish antenna
whatsoever shall be constructed on any residential lot unless such dish antenna
has a diameter of 4 feet or less and is installed in the back yard of a residential lot
and screened from view on adjacent lots.
E. All sidewalks, driveways and parking areas constructed on the Lots shall be
constructed of exposed aggregate concrete except where local building authority requires
differently.
F. All fences must be constructed of wood or other natural materials in a
uniform fence style determined by the Builder. Any fences,hedges or other
boundary walls must be approved by the Building Committee prior to their
construction.
G. The exterior color scheme of all structures placed on Lots must be
approved by the Building Committee prior to their construction.
H. All roof coverings are to be constructed of cedar shake or tile, or 25 year
architectural composite.
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I. Each building lot shall have a minimum of 2 ornamental trees at least 6' tall
planted at time of home construction. At least one of these trees to be planted
in the street front of each lot.
4. LOCATION OF STRUCTURES
A. No structure shall be located on any residential lot nearer to any lot line
than the minimum building setback lines shown on the recorded plat or
as otherwise required by applicable law. In any event, no structure shall
be located on any lot nearer than 15 feet to the front lot line, or nearer
than 5 feet to any side or 20' to rear lot line.
B. For the purposes of this covenant, eaves, steps, decks, patios, and open
porches shall not be considered as a part of a structure; provided,
however,that this shall not be construed to permit any portion of a
structure on a Lot to encroach upon another Lot.
5. APPROVAL OF PLANS BY BUILDING COMMITTEE
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A. All buildings or other improvements, including garages, sheds, decks, open
porches,patios, fences and swimming pools, shall be approved by the Building
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Committee,established pursuant to Paragraph 6 herein. Complete plans and
specifications of all proposed building, structures, and exterior alterations,
including exterior color,together with detailed plans showing the proposed
location of the same on the particular building site, shall be submitted to the
Building Committee before construction or alteration is started, and such
construction or alteration shall not be started until written approval thereof is
given by the Building Committee.
B. All plans and specifications for approval by the Building Committee must
be submitted, in duplicate, at least 30 days prior to the proposed
construction starting date.
C. In addition, each submitted plan must have a plot plan attached
showing the following information
(1)Lot Dimensions;
(2)House placement on Lot;
(3)Elevation of basement and main floors with relation to point on curb;
(4)Elevation of highest ridge line; and
(5) Exterior color scheme.
(6) Landscape Plan
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As to all construction or alterations in WINSPER II, the Building Committee shall
have the right to deny approval when such construction or alterations are not
suitable or desirable, in the Building Committee's opinion, for any reason, aesthetic
or otherwise. In so passing upon any such application, the Building Committee
shall have the right to take into consideration the suitability to the building site of
the proposed building or other structure; the material of which it is to be built; the
exterior color scheme; the harmony thereof with the surrounding; how the building
or other structure or alterations as planned will look from the adjacent or
neighboring Lots; the affect or impairment that said structure or building will have
on the view of the surrounding Lots; and any and all other factors which, in the
Building Committee's opinion, shall affect the desirability or suitability of such
proposed construction or alterations.
D. The Building Committee shall have the discretion, as to any Lot, to waive strict 1
compliance with the restrictions set forth in Paragraphs 3 and 4 herein if the
BuildingCommittee determines that the spirit and intention of the Paragraph 3 and 4
01) restrictions are satisfied and if waiver of strict compliance therewith is not detrimental to
any other Lot Owner.
6. BUILDING
COMMITTEE
00 The Building Committee shall initially be composed of two persons selected by Builder and/or any
0) additional person or persons appointed from time to time by Builder, its successors or assigns. In
the event of the death, disability, or resignation, or inactivity in committee work of any initial
committee member, the Association shall be authorized to appoint successor members of the
Building Committee. After January 1, 1999, the Building Committee shall be composed of not less
than 3 and not more than 5 individuals. Building Committee to be selected by the Association or by
the Owners of the majority of Lots in WINSPER II. All lots shall be completed as to appearance,
including finished exterior painting, front lawns or comparable landscaping, within 6 months after
the date of commencement of construction; provided, however, that the seeding and regular
mowing of side yards and back yards shall be completed within 8 months after the date of
commencement of construction.
7. EASEMENTS
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown
on the recorded plat of WINSPER II. Within these easements, no structure, planting or other
material shall be placed or permitted to remain which may damage or interfere with the installation
and maintenance of utilities or which may change the direction of flow of drainage channels in the
easements, or which may obstruct or retard the flow of water through drainage channels in the
easements. That portion of any Lot which contains such easement and all improvements thereof
shall be maintained continuously by the Owner of the Lot except for those improvements for which
a public authority or utility company is responsible. Any and all drainage collected or sufficiently
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concentrated to create erosion problems on any Lot in the opinion of the Building Committee shall
be piped at the Lot Owner's expense to the nearest underground public storm sewer line or street
gutter. Plans and specifications for such underground piping must be approved by the Building
Committee at the time the building plans are approved for construction, as provided in Paragraph 5
herein.
8. NOXIOUS USE OF PROPERTY
A. No noxious, illegal or offensive activity shall be carried on upon any Lot nor shall
anything be done thereon which may be,or become, an annoyance or nuisance to the
Owners of any Lots in WINSPER II.No Lot Owners shall, at any time, conduct, or
permit to be conducted on any residential lot, any trade or business which is illegal,
offensive or a public nuisance.No firearms,whether for hunting or target practice,
shall be discharged in WINSPER II. t
B. No trash, garbage, ashes or other refuse,junk vehicles, underbrush, or other
unsightly growths or objects, shall be thrown, dumped or allowed to accumulate on any
Lot. In the event any such condition shall exist upon any Lot, any person or persons
owning any real property situated in WINSPER II may use any legal powers, including
feav) gra
those set forth in Paragraph I herein,to alleviate such conditions.
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C. No recreational vehicle,trailer,basement,tent shack, garage,barn or other
outbuilding or temporary structure or vehicle of any kind erected or situated in WINSPER
II shall, at any time, be used as a residence. Owners of WINSPER II lots shall not park any
vehicles on the streets.No trailer or recreational vehicles shall be visible from the streets.
Vehicles owned by visitors and guests of WINSPER II Lot Owners shall not be parked on
the streets for more than a 24-hour period.No vehicle shall be dismantled or repaired
outside of any building or approved fence or permitted accessory building on any lot, or on
any street adjacent to a lot.
9.
ANIMALS
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 commercial purposes, and further provided that they do not become a public
nuisance.
10. MAIL BOXES
No private mail boxes will be installed. U.S.P.S provided community boxes will be installed
throughout the plat.
11. GARBAGE CANS AND REFUSE DISPOSAL
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Trash, garbage and other waste shall not be kept except in sanitary containers. All incinerators or
other similar equipment shall be kept in a clean and sanitary condition. All containers for trash,
garbage or other waste must be screened so as not to be visible from any street or adjacent lots or
residences.
12. SIGNS
No sign of any kind shall be displayed to the public view on any Lot except one professional sign
of not more than 3 square feet and except for signs designating the entrance to WINSPER II and
those temporary signs used by the Builder, builders and sales agents during the construction or
sale of any residence on any Lot.
13. CLOTHES LINES
No exterior clothes lines may be constructed or used that can be seen from any street, Lot or
eirs residence in WINSPER II.
0 14. ELECTRIC UTILITY INSTALLATION
All permanent electric utility systems shall be installed exclusively underground.
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0 15. ANNEXATION OF ADDITIONAL PROPERTIES
A.Annexation of additional properties into WINSPER II shall require the assent of 51
percent of the members of the Association at a meeting duly called for this purpose,
written notice of which shall be sent to all members not less than 30 days nor more than 60
days in advance of the meeting setting forth the purpose of the meeting.
B.Notwithstanding the provisions of Paragraph 15.A above, if,within, 15 years of the date
of recording of this Declaration,Builder should develop additional lands adjacent to
WINSPER II, such lands may be annexed to WINSPER II by Builder without the consent
of the members of the Association.
16. INCORPORATION OF THE
ASSOCIATION
The Association shall be incorporated at such time as Builder shall, in its sole discretion,
determine;provided that the Association shall, in any event, be incorporated no later than the date
on which 2/3 of the houses to be constructed on the Lots are occupied. The Association shall be
incorporated as a nonprofit corporation under the laws of the State of Washington by Builder, its
agent or by the Owners.
17.MEMBERSHIP IN THE ASSOCIATION
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Every Owner shall be a member of the Association; provided however, that if any Lot is held
jointly by 2 or more persons, the several Owners of such interest shall designate one of their
number as the "member". Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment by the Builder or the Association.
18. VOTING
RIGHTS
A. Classes of Voting Membership. The Association shall have two classes of voting
membership: (a) Class A members shall be all Owners except the Builder. Class A
members shall be entitled to one vote for each Lot owned; (b) The Class B members shall
be the Builder, which shall be entitled to three (3)votes for each Lot owned. The Class B
membership shall cease and be converted to Class A membership on the happening of the
first of the following events: (a)when the total votes outstanding in the Class A
membership equal the total votes outstanding in the Class B membership, or(b)the date
when the development period ends. In determining whether any given proposition shall
have been approved by the membership,the total number of Class A and Class B votes
shall be combined and the appropriate percentage applied against that combined number.
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B. Number of Votes. Except as provided above,the total voting power of all Owners
shall equal the number of Lots at any given time and the total number of votes
available to Owners of any one Lot shall be one (1)vote.
19. PROPERTY RIGHTS IN THE COMMON PROPERTIES
A. Members' Easement of Enjoyment. Every member of the Association shall have a
right and easement of enjoyment in and to the Common Properties and such
easement shall be appurtenant to and shall pass with the title to every Lot, subject
to the following provisions:
(1) The right of the Association to limit the number of guests of Members;
(2) The right of the Association to charge reasonable admission and other fees for
the use of any recreational facility situated upon the Common Properties;
(3) The right of the Association, in accordance with its Articles and By-laws, to
borrow money for the purpose of improving the Common Properties and
facilities and in aid thereof to mortgage said Common Properties, but the
rights of such mortgagee in said Common Properties shall be subordinate to
the rights of the Members hereunder.
(4) The right of the Association to take such steps as are reasonably necessary to
protect any such mortgaged property against foreclosure, including, but not
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limited to, the right to charge admission and other fees as to condition to
continued enjoyment by the Members and, if necessary, to open the
enjoyment of such Common Properties to the public;
(5) The right of the Association to suspend the voting rights and right to use the
Common Properties and the recreational facilities by any Member for any
period during which any assessment against his Lot remains unpaid and for a
period not to exceed 30 days for any infraction of the Association's published
rules and regulations. During the development period, the Association shall be
required to exercise its right to suspend the voting rights of and the right to the
use of the Common Properties and the recreational facilities by a Member for
nonpayment of an assessment, upon the request of the Builder.
(6) The right of the Association to dedicate or transfer all or any _part of the
Common Properties to any governmental unit or public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by
rul the members. No such dedication or transfer shall be effective unless an
instrument signed by 2/3 of the members entitled to vote has been recorded,
agreeing to such dedication or transfer, and unless written notice of the
proposed action is sent to every member not less than 30 days nor more than
QC 60 days in advance.
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(7) During the development period, the exercise of all of the rights and powers set
forth in Paragraphs 19.A(I) through (6) shall require the prior approval of the
Builder.
B. Delegation of Use. Any member may delegate, in accordance with the Bylaws of
the Association, his rights of enjoyment of the Common Properties and facilities to the
members of his family, his tenants or contract purchasers who reside on the Lot, and,
subject to regulation by the Association to his temporary guests.
C. Title to the Common Properties. Builder hereby covenants that it will convey fee
simple title to the common Properties to the Association, free and clear of all encumbrances
and liens upon recordation of this Declaration and incorporation of the Association.
20 COVENANT FOR MAINTENANCE ASSESSMENT
A. Creation of the Lien and Personal Obligation of Assessments. The Builder, for each
Lot owned within the Properties, hereby covenants, and each Owner of any Lot or Lots by
acceptance of a deed therefor,whether or not it shall be so expressed in any such deed or
other conveyance, is deemed to covenant and agree to pay to the Builder until the
Association is incorporated, and thereafter to the Association, as provided herein: (1)
Annual assessments or charges; and (2) Special assessments for capital improvements,
such assessments to be fixed,established,and collected from time to time as provided
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herein. The annual and special assessments,together with such interest thereon and costs of
collection thereof(including reasonable attorneys' fees) as provided herein, shall be a
charge on the land and shall be a continuing lien upon the Lot against which each such
assessment is made. The Builder shall not pay such annual and special assessments and
such assessments shall not be a lien upon any Lot owned by Builder. Each such
assessment,together with such interest and costs of collection thereof(including
reasonable attorneys' fees) shall also be the personal obligation of the Owner of such Lot at
the time when the assessment first becomes due and payable. The personal obligation shall
not pass to said Owners' successors in title unless expressly assumed by them;provided,
however,that in the case of a sale of any Lot which is charged with the payment of an
assessment or assessments payable in installments,the person or entity who is the Owner
immediately prior to the date of any such sale shall be personally liable only for the
amount of the installments due prior to said date. The new Owner shall be personally liable
for installments which become due on and after the date of the sale
B. Purchase of Assessments. The assessments levied by the Builder or the
Association as provided herein shall be used exclusively for the purpose of promoting the
recreation,health, safety, and welfare of the residents of the Properties including, without
limitation,the construction, establishment, improvement, repair, maintenance and
4:41 preparation of and compliance with a Wetland Enhancement Plan for the Common
Properties and services and facilities related to the use and enjoyment of the Common
Properties, and the payment of taxes and insurance on the common Properties.
C. Amount of the Annual Assessments The amount of the annual assessments shall
be as follows:
(1) During such time as title to the Common Properties is held by the Builder,
and subject to the provisions of this Paragraph 20, each Owner shall pay to
the Builder as an annual assessment the amount of$150.00 per year per Lot
(subject to increase pursuant to the provisions of this Paragraph 20.0 and
Paragraph 20.D) which shall be used for the purposes provided in Paragraph
20.B and for no others. The extent of the expenditures for the purposes
specified shall be determined by the Builder. When the Association has been
incorporated, the annual assessment amount may be increased during the
development period by a vote of 51 percent of the members of the
Association voting in person or by proxy, at a meeting duly called for such
purpose, written notice of which shall be sent to all members not less than 14
days nor more than 60 days in advance of the meeting.
(2) Upon conveyance of the Common Properties by the Builder to the
Association, each Owner shall pay to the Association an annual assessment of
$150.00 per year per Lot (or in the event that amount has been increased as
provided by Paragraph 20 herein, the amount as so increased) subject to the
provisions of this Paragraph 20; provided, that said annual assessment shall
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be increased as provided in Paragraph 20.D and may be increased by the
Association with the consent of 51 percent of the members voting in person
or by proxy, at a meeting duly called for such purposes, written notice of
which shall be sent to all members not less than 14 days nor more than 60
days in advance of the meeting. After consideration of current maintenance
costs and future needs of the Association, the Board of Directors of the
Association may fix the annual assessment at an amount less than the amount
herein set forth.
D. Inflationary Increase. The dollar amount specified in Section 20.0 shall be
increased proportionately each year by the increase in the CPI (as hereinafler
defined)to adjust for any deflation in the value of the dollar. "CPI" means the
Consumer Price Index for All Urban Consumers, All Items (Seattle-Tacoma
area) ( 1982-84= 100)published by the United States Department of Labor,
Bureau of Labor Statistics(the "Bureau"). Such dollar amount shall be
increased commencing on the first day of January, 1998, and on each
dsuccessive first day of January to an amount derived by adding to the dollar
amount in effect for the immediately preceding year an amount calculated by:
(a)multiplying the dollar amount in effect for the immediately preceding year
by (b)the percentage increase, if any, in the CPI published for the date nearest
preceding the first day of the immediately preceding year over the CPI
published for the date nearest preceding the date of adjustment. If the Bureau
discontinues publishing the CPI,the adjustment shall be based upon the
substitute index of comparable statistics on the cost of living for the King
County area, as shall be computed by an agency of the United States or by a
responsible financial periodical of recognized authority selected by the Board.
E. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above,the Association may levy special assessments for capital impr
the Builder.
F. Uniform Rate of Assessment. Both annual and special assessments shall be
fixed at a uniform rate for all lots.
G Ouorum for Authorized Action. At the first meeting called, as provided in
Paragraph 20.0 herein,the presence at the meeting of members of the Association or of Proxi
subject to the notice requirements set forth in Paragraph 20.0 herein, and the required
quorum at any such subsequent meeting shall be 1/2 of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than 60 days
following the preceding meeting.
H. Date of Commencement of Annual Assessments -Due Dates. As to all Lots subject to his
Declaration,the liability for the annual assessments provided for in Paragraph 20.0
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herein shall begin on the first day of the calendar month following the conveyance of the
first Lot to an Owner.
Effect of Nonpayment of Assessment- Remedies If any assessment is not paid within 30
days after it becomes first due and payable,the assessment shall bear interest from the
date on which it was due at the rate of twelve percent(12%)per annum or the maximum
rate allowed by law,whichever is less, and the Builder or the Association may bring an
action at law against the Owner personally obligated to pay the same and/or foreclose the
lien against the Lot. Interest, costs, and reasonable attorneys' fees of any such action shall
be added to the amount of such assessment and all such sums shall be included in any
judgment or decree entered in such suit.No Owner shall be relieved of liability for the
assessments provided for herein by non-use of the Common Properties or abandonment
of his Lot.
J. Subordination of the Lien of Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage (and to the lien of any second
mortgage given to secure payment of the purchase price)now or hereafter placed on any
Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot which is subject to such first mortgage, or purchase money second
mortgage,pursuant to a decree of foreclosure under such mortgage or in lieu of
foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof
which become due prior to such sale or transfer.No sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due or from the lien thereof.
K. Exempt Property. The following property subject to this Declaration shall be exempt
from the assessment created herein
(1) All Properties dedicated to and accepted by a public authority;
(2)All Common Properties, and
(3) All Properties owned by a charitable or nonprofit organization exempt from
taxation by the laws of the State of Washington. However no land or
improvements devoted to dwelling use shall be exempt from said
assessments.
21. EXTERIOR
MAINTENANCE
The Builder, until the Association is incorporated, and thereafter the Association, shall
maintain all Common Properties and facilities and shall provide and maintain the
landscaping of all open spaces and buffer zones within WINSPER II. Each individual
Owner shall be obligated to provide exterior maintenance of his own Lot and all structures
thereon. Each individual Owner, including an Owner who has purchased a Lot or Lots for
the purpose of development and sale, shall, at all times, maintain his Lot or Lots, whether
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improved or unimproved, including the mowing of grass and removal of any debris
thereon.
22. LITIGATION
In the event of litigation arising out of enforcement of these restrictive covenants for
WINSPER II, any person or persons determined to have violated any provisions hereof
shall be liable for the payment of all costs and expenses, including reasonable attorneys'
fees of the prevailing party.
23. PARTIAL INVALIDITY
If any term, covenant or condition of this Declaration or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of
this Declaration, or the application of such term, covenant or condition to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Declaration shall be valid and
be enforced to the fullest extent determined by law.
Chi I'
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y T
IN WITNESS WHEREOF,the undersigned has affixed its signature.
DATED:
"1/
0o(q
BUILDER:
HULTQUIST HOMES,INC.
a Washington corporation
By: Paiiib ',,'
1 `
c; David D. Hultquist
CO Its President
0
p STATE OF WASHINGTON)
epi ) ss
COUNTY OF KING )
011 I certify that I know or have satisfactory evidence that David D. Hultquist is the person who I
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the President
of HULTQUIST HOMES, INC. a Washington corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
D D:F 0 1998.
iA.A
I
Printed
Name O► 2? 21711 - A
NOTARY PUBLIC vH au/1,e
My Appointment expires:O)2-20.2 e iu c"6/Ah, % N
eh.
OFFICIAL SEAL
D.D.HAMILTON
Notary Public—State of Washington
My Commission Expires 1-22-02
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