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HomeMy WebLinkAboutRC 9612030983 . i. I, r „ t �1 ka ru w After Recording Return to: et 04 • -. _ _ .. _ •. ___ - I V • - — p ro WHEN RECORDED RETURN TO: _ ..., Office of the City Clerk r: {-, = Renton Municipal Building -_.Cly- ' n 771 o 200 Mid!Avenue South ti.-:.{-"-+' = (" z Renton,WA 98055 y.f r.....) ...-4 "C r-n -84 DECLARATION 1:::r' X' 0 W CI Go 0OF C� COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS J id FOR { HIGHLAND BOOK ADDITION 8 M w w,-- c=,Ci A 0„ A Subdivision A 1 i.., W ceI-... z ca a 0- em a d cu CZ •. FA Igii IM O ..O 01 230889.2 3/22/96 2:53pm 1 t 01 q a r 2 This Declaration is made as of this $y day of APRIL , 1996, by Alec A. Book and Myrtle Book, husband and wife ("Book") , and Five Star Development, a Washington general partnership ("Five Star") , collectively the "Declarant. " RECITALS A. Book is the owner of Lot 1 and Five Star is the owner of Lots Ol 00 2 through 12 of the Plat (as defined herein) and the improvements C? located thereon, within the City of Renton, County of King, State CD of Washington, commonly known as Highland Book Addition, referred Cl to hereinafter as the "Property" . N B. Declarant desires to create a subdivision at Highland Book vr--i Addition to provide for the maintenance and preservation of the Common Areas (as defined below) within the community and to promote I the health, safety, happiness, and welfare of the residents of the community. C. To further promote the health, safety, happiness, and welfare of the residents of the community, and to enhance the value and `' attractiveness of the Property, Five Star intends to establish subsequently a condominium project on Lots 2 through 11 of the Property to be known as Parkway Townhomes, a condominium. r t SUBMISSION OF THE PROPERTY TO THIS DECLARATION; ADDITIONAL PROPERTY ., CI Declarant, being all of the owners of the Property, hereby makes this Declaration for the purpose of submitting the Property to this Declaration, and declares that the Property described above shall be held, sold, conveyed, encumbered, leased, rented, occupied and improved subject to the following covenants, conditions, restriction, reservations, grants of easement rights, rights of way, liens, charges and equitable servitudes, which are for the purpose of protecting the value and desirability of the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, and shall inure to the benefit of each owner thereof. This'Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent owners of the Property or any part thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first Mortgagee of any Lot. 230889.2 3/22/96 2:53pm -1- . , , l i i ARTICLE 1 DEFINITIONS Section 1. 1 Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. "Articles" shall mean the articles of incorporation of the orAssociation, as defined below. CDCD "Association" shall mean the Highland Book Owners Association, a Washington non-profit corporation, as described more fully in 0 Article 3, and its successors and assigns. N tri "Board" shall mean and refer to the Board of Directors of the Association, as provided for in Article 4. .77 "Bylaws" shall mean the bylaws of the Association as they may from time to time be amended. "City" shall mean the City of Renton, in the County of King, ill) State of Washington. CD "Common Area" shall mean the storm drainage facilities on Lot \,( 12 of the Plat and other drainage facilities on the Plat. "Declarant" shall mean Alec A. Book and Myrtle Book, husband and wife, and Five Star Development, a Washington general C) partnership, and their successors and assigns if such successors or assigns should (i) acquire more than one Lot from the Declarant for the purpose of development, and (ii) be specifically assigned the rights and duties of Declarant by written instrument in recordable form. "Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and Reservations for Highland Book Addition, and any amendments thereto. "Lot" shall mean and refer to (a) Lots 1 and 12 shown on the Plat and (b) Lots 2 through 11 shown on the Plat or each condominium unit created on Lots 2 through 11. "Member" shall mean a person entitled to membership in the Association pursuant to Section 3.5. "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of determining the percentage of first Mortgagees approving a 230889.2 3/22/962:53m -2- L__ 2- proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a Mortgage which constitutes a first lien on said Lot. Mortgagees shall have the same voting rights as the owners of any Lot subject to such Mortgage. an cl "Notice and Opportunity to be Heard" shall mean the procedure ® wherein the Board shall give written notice of the proposed action Cl to all Owners, tenants or occupants of Homes whose interest would C4 be significantly affected by the proposed action. The notice shall ,4 include a general statement of the proposed action and the date, time and place of the hearing, which shall be not less than five CI days from the date notice is delivered by the Board. At the • hearing, the affected person shall have the right, personally or by a representative, to give testimony orally, in writing or both (as specified in the notice) , subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues. Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the meeting was given. "Owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property or, in the case of Lots 2 through 11 after creation of a condominium thereon, a condominium unit on those Lots, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an owner. "Person" shall include natural persons, partnerships, corporations, associations and personal representatives. "Plat" shall mean the plat recorded in conjunction with this Declaration which depicts the layout of the Lots and Common Area on the Property. The Plat for the Property was recorded on May 28, 1996, in Volume 177 of Plats, at pages 1 through 3, under Recording No. 9605280849, records of King County, Washington. "Property" shall mean that real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as Highland Book Addition and more particularly described as Lots 1 through 12 of the Plat. 230889.3 10M9052:171= -3- • ARTICLE 2 COMMON AREAS Section 2. 1 Description of Common Area. The Common Area consists of the storm drainage facilities on Lot 12 and other drainage facilities on the Plat. ao Section 2.2 Dedication of Common Area. The Association c>hall have the right to dedicate or transfer all or any portion of Che Common Area, including easements thereon, to any public agency, t;authority, or utility for such purposes and subject to such Conditions as may be agreed to by the Members. No such dedication ar transfer shall be effective unless 67 percent of the Members onsent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be executed by the president and secretary of the Association who shall certify that the requisite consent has been obtained. Section 2.3 Maintenance. The Association shall have full 0 responsibility for the maintenance, repair, and improvement of the Common Area (including without limitation, the storm drainage easement area on Lot 12) for its intended use, subject to applicable governmental restrictions. The Association shall always . have the responsibility to maintain the plat drainage facilities and emergency access roads unless those improvements are deeded or sold to a government agency that assumes the maintenance responsibility. ARTICLE 3 OWNERS ASSOCIATION t, Section 3 . 1 Establishment. There is hereby created an 00 association called the Highland Book Owners Association (the CI "Association") . Cl Section 3 .2 Form of Association. The Association shall be CDa nonprofit corporation formed and operated under the laws of the ,4 State of Washington. CD 07 Section 3 . 3 Articles and Bylaws. Declarant will adopt Articles of Incorporation and will propose to the initial Board of Directors the adoption of Bylaws to supplement this Declaration and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this Declaration and the Articles for such nonprofit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of the Association and the Property, and to further the intent of this Declaration, shall be adopted or amended by the Owners at regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of Directors. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. 230889.2 3/22/96 2:53pm -4- • A. • • Section 3 .4 Board of Directors; Consensus Reauired; Arbitration. The Association shall be managed by a Board of two directors, one elected annually by the Class A members and one VIappointed by the Class B member. All decisions of the Board shall 00 be unanimous. Any deadlock on a matter requiring Board action or CI any dispute among Board members which cannot be resolved shall be CD - determined by arbitration in Seattle under the American Arbitration 01 Association (AAA) Commercial Arbitration Rules with Expedited C7 Procedures in effect on the date hereof, as modified by this agreement. There shall be one arbitrator selected by the parties within seven days of the arbitration demand or if not, then pursuant to the AAA Rules, who shall be an attorney with at least CD five years condominium, community association or real estate law experience. Any issue about whether a claim must be arbitrated pursuant to this provision shall be determined by the arbitrator. At the request of either party made not later than 75 days after the arbitration demand, the parties agree to submit the dispute to CD nonbinding mediation which shall not delay the arbitration hearing 0 date. There shall be no substantive motions or discovery, except the arbitrator shall authorize such discovery as may be necessary t to ensure a fair hearing, which shall be held within 120 days of the demand and concluded within two days. These time limits are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive relief or any other remedy available from a cz! judge including attorney fees and costs to the prevailing party, Cr} but the arbitrator shall not have the power to award punitive damages. Section 3 .5 Membership and Voting Rights. The Association shall have two classes of voting membership: 3 . 5. 1 The Class A Member shall be the Owner or Owners of Lots 1 through 11, which shall be entitled to one vote for each Lot owned. If a condominium is created on some or all of Lots 2 through 11, the votes for the Lots in the condominium shall be cast as the board of directors of the owners association for that condominium or its designee shall determine. 3.5.2 The Class B Member shall be the Owner of Lot 12, which shall be entitled to one vote. Section 3 . 6 Transfer of Membership. The membership in the Association of each Member (including Declarant) shall not be transferred in any way (except for the Class A membership for the Lots to be included in the condominium to be created on Lots 2 through 11) . Any attempt to make a prohibited transfer shall be void. Section 3.7 Inspection of Association Documents, Books, and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, 230889.2 3/22/96 2:53pm -5- • • I • • r C• . • t and the most recent annual audited financial statement, if one is prepared. "Available" shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies. ARTICLE 4 MANAGEMENT OF THE ASSOCIATION an Section 4. 1 Administration of the Property. The Owners and m Members covenant and agree that the administration of the Property O shall be in accordance with the provisions of this Declaration and ( the Bylaws of the Association which are made a part hereof. C) Administrative power and authority shall be vested in the Board. Section 4. 2 Authority and Duties of the Board. On behalf QD of and acting for the Association, the Board, for the benefit of Cr) the Property, the Members and the Owners, shall have all powers and authority permitted to the Board under this Declaration including, but not limited to, the following: 4.2 .1 Levy, collect, and enforce the collection of, assessments, as more particularly set forth in Article 5d1111=hereof, to defray expenses attributable to carrying out the duties and functions of the Association hereunder. 4.2.2 Re uire an officer or em to ee of the q Y P Y Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association 4.2 . 3 Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area, the collection of assessments, the sending of all required notices to Members, the operation of Association meetings, and other regular activities of the Association. 4 .2 .4 Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration, including legal, accounting, management, security patrol or other services. 4.2.5 All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as is from time to time determined by the Board. Section 4.3 Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area and other matters of mutual concern to the Members, which 230889.2 3/22/96 2:53pm -6- • • rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Members and Owners fairly and in a non-discriminatory manner. Section 4.4 Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be an deemed reasonably necessary to carry out its duties and the purpose Q) of this Declaration. C', CD ARTICLE 5 C4 ASSESSMENTS Section 5.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (through the owners association for the condominium created on some or all of Lots 2 through 11) any assessment duly levied by the Association as provided herein. The assessment shall be divided into 13 equal share with Lots 1 through 11 being allocated one share for each Lot and Lot 12 being allocated two shares. The share or shares of each such assessment, together with interest, costs, late charges and reasonable attorneys fees, shall be a continuing lien upon the Lot against which each such assessment is made and shall also be the personal obligation of the person who was the Owner of such Lot at ' the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor title unless Ciip a lien for such delinquent assessments had been properly recorded C prior to title transfer or unless expressly assumed by that party. When ownership of a Lot changes, assessments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year. Section 5.2 Liability for Assessments. Any assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 5. The Board shall levy the assessment against each Member (but each Owner of a Lot is personally liability for an equal pro rata portion of each assessment) . No Owner may exempt himself or herself from liability for his Assessments by abandoning his or her Lot. Section 5. 3 Association Budget; Allocation and Commencement of Assessments. The Board shall prepare, or cause the preparation of, an operating budget for. the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth sums required by the Association, as estimated by the Board, to meet its annual costs and expenses together with a reasonable sum to establish reserves for future major repairs and replacements; provided that the Board shall 230889.2 3/22/96 2:53pm -7- • • , , t t . . determine when establishment of such reserves shall commence. Assessments shall commence upon notice from Five Star to the Board that the Owners should commence paying assessments. Until assessments have commenced, Five Star shall pay the actual expenses of the Association. Section 5.4 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Board shall determine and levy a general assessment on each Owners, allocated as provided in Section 5.3. Section 5.5 Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least 30 days in advance of beginning of such period. Notice of the general assessment shall thereupon be sent to each Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of an assessment shall not render such assessment void or invalid. Any failure by the Board, before the expiration of any assessment period, to fix the amount of the general assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a 4:: assessment, of any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent In on assessment period. C.1? Section 5. 6 Assessment Period. The general assessment 0+ fixed for the preceding period shall continue until a new 0 assessment is fixed. Upon any revision by the Association of the t operating budget during the assessment period for which each budget QD was prepared, the Board shall, if necessary, revise the general CI assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a general assessment for the assessment period. Section 5.7 Manner and Time of Payment. Assessments shall be payable in monthly installments, or any other periodic installments or manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least 10 days after the due date to thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been delinquent for more than 15 days. Section 5.8 Accounts. Any assessments collected by the Association shall be deposited in one or more Federally insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. Section 5.9 Special Assessments. In addition to the general assessments authorized by this Article, the Association may 230889.2 3/22/96 2:53pm -8- L 8- • a , 1 . levy an assessment or assessments at any time against the Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a described capital improvement located upon or forming a part of the Common Area. The amount of each Owner's special assessment for any year shall be calculated like the general assessment. Section 5.10 Records and Financial Statements.. The Board shall prepare or cause to be prepared for any fiscal year in which VI the Association levies or collects any assessments, a balance sheet 00 and an operating (income/expense) statement for the Association; C) provided, however, such documents need not be prepared by a 0 certified public accountant unless requested by one of the Members. CI CD The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and v4 itemizing the maintenance, operating, and any other expense incurred. Such records, copies of this Declaration, the Articles al and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday hours. ARTICLE 6 COMPLIANCE AND ENFORCEMENT Section 6. 1 Enforcement. 6. 1. 1 Each Owner, Member, Board member and the jAssociation shall comply with the provisions of this Declaration and with the Bylaws andadministrative rules and regulations C) adopted by the Association (as the same may be lawfully amended from time to time) . Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. 6. 1.2 In any action or arbitration to enforce the provisions of this Section 6. 1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs permitted by law. Section 6.2 No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, ,covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in 230889.2 3/22/96 2:53pm -9- full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. Section 6.3 Remedies Cumulative. Except for claims which must be arbitrated pursuant to Section 6. 3 above, the remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law although not expressed herein. ARTICLE 7 Cl LIMITATION OF LIABILITY 00 CD Section 7. 1 No Personal Liability. So long as a Board CD Section Association committee member, Association officer, or C) authorized agent(s) has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may T4 be possessed by such person, no person shall be personally liable '.O to any Member, or other party including the Association, for any CI damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence) , any discretionary decision or failure to make a discretionary decision, )1 by such person in such person's official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance 1 or bond obtained by the Board pursuant to Article 4 or Article 12 4 hereof. n Section 7.2 Indemnification. Each Board member or Association committee member, or Association Officer, and their cn respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he or she may be party, or in which he or she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement, indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 7.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner of a Lot. 230889.2 3/22/96 2:53pm -10- , • A r ` • r r . A ARTICLE 8 MORTGAGEE PROTECTION Section 8. 1 Priority of Mortgages. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing and/or special district and be VI VI subject to the rights of the secured party in the case of any 07 indebtedness secured by a mortgage or deed of trust which were made C in good faith and for value upon the Lot. A mortgagee of a Lot, or VI other purchaser of a Lot, who obtains possession of a Lot as a 0 result of foreclosure or deed in lieu thereof will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Owners including such CI possessor, his successor and assigns. For the purpose of this Article, the terms "mortgage" and "mortgagee" shall not mean a real estate contract (or the vendor thereunder) , or a mortgage or deed of trust (or mortgagee or beneficiary thereunder) securing a deferred purchase price balance owed with respect to a sale by an individual Owner other than Declarant. IP Section 8.2 Effect of Declaration Amendments. No amendment L of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded P ' unless the amendment shall be consented to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent col provisions. Section 8. 3 Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage made in good faith for value on any Lots; provided, however, that any subsequent owner of the Lot shall be bound by these provisions whether such owner's title was acquired by foreclosure or trustee's sale or otherwise. Section 8.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend such meetings. Section 8.5 Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Property, and the most recent 230889.2 3/22/96 2:53pm -11- balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 9 EASEMENTS AND SPECIAL TRACTS Section 9. 1 Association Functions. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association as are set t�M^ forth in the Declaration, or in the Bylaws, and rules and Oa) regulations adopted by the Association. 2 Section 9.2 Utility and Sidewalk Easements. On the Lots, 04 easements are reserved as provided by the Plat and applicable laws, ,4 ordinances and other governmental rule and regulations for utility installation and maintenance, including but not limited to, ,...0 underground electric power, telephone, water, sewer, drainage, gas and accessory equipment, together with the right to enter upon the Lots at all times for said purposes, and for sidewalks. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage, interfere with the installation and maintenance of utilities or the sidewalks, as applicable, or which may change the direction of flow of drainage r channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement I area of each Lot, and all improvements thereon, shall be maintained (' continuously by the Owner of each Lot, or the owners association Q^ for the Lot, except for those improvements for which a public Ci authority or utility company is responsible and except for any sidewalk for the common use and enjoyment of the Owners which the Association is obligated to maintain. Section 9. 3 Drainage Easements. The Association shall have a perpetual easement over, across and through the drainage easement area on Lot 12 shown on the Plat for the purpose of maintenance, repair, replacement, and landscaping of such easement area. ARTICLE 10 ABANDONMENT OF SUBDIVISION STATUS Section 10.1 Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 11. Section 10.2 Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written approval of 100% of all first Mortgagees and Owners (other than the Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the 230889.2 3/22/96 2:53pm -12- • Property as approved by the governmental entity having appropriate jurisdiction over the Property. ARTICLE 11 00 AMENDMENT OF DECLARATION OR PLAT un CI Section 11. 1 Declaration Amendment. Amendments to this CD Declaration shall be made by an instrument in writing entitled £"3 "Amendment to Declaration" which sets forth the entire amendment. gRAmendments must be approved by both Members and the Owners holding 67% of the votes of each class of Member. The Members' and Owners' fm approval may be obtained by a special vote of the Members and Owners at a meeting or meetings or the written consent of the Members and Owners in lieu of a special meeting. The amendment shall be executed by the president and secretary of the Association who shall certify that the requisite vote or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity insurance; responsibility for maintenance and repair; the boundaries of any Lot; convertibility of Lots into Common Areas or of Common Areas 4 into Lots; leasing of Lots other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association to establish self-management s'44 when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. Section 11.2 Plat. Except as otherwise provided herein, the Plat may be amended by revised versions or revised portions thereof referred to and described as to affect an amendment to the Declaration adopted as provided for in Section 11. 1. Copies of any such proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the Declaration amendment. Section 11.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole signature, and as an attorney-in- fact for all Lot owners with irrevocable power coupled with an interest, may at any time, until all Lots have been sold by 230889.2 3/22/96 2:53pm -13- • s Declarant, file an amendment to the Declaration and to the Plat to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate easements. ARTICLE 12 INSURANCE The Board shall cause the Association to purchase and maintain on at all times as a common expense a policy or policies necessary to C '? provide comprehensive liability insurance; fidelity insurance; CD worker's compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the C) Association by fire, theft, or other causes with such deductible rq provisions as the Board deems advisable; insurance, if available, for the protection of the Association's directors, officers, and representatives from personal liability in the management of the Association's affairs; and such other insurance as the Board deems advisable. The Board shall review at least annually the adequacy of the Association's insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington. All such insurance policies and fidelity bonds shall ° provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least 30 days' prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and 4 designated servicers of mortgagees. ARTICLE 13 MISCELLANEOUS Section 13. 1 Notices. 13 . 1. 1 Any written notice or other documents as required by this Declaration, may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: 13.1. 1. 1 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws. 13. 1. 1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other address) : 13 . 1. 1. 3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed to the official mailing address furnished by written 230889.2 3/22/96 2:53pm -14- • notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. • M 010 0) Section 13.2 Conveyance: Notice Required. The right of an O Owner to sell, transfer, or otherwise convey his or her Lot shall Onot be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance Cr) company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Section 13 .3 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees of the Member. Section 13 .4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or imposed by this Declaration, shall be joint Cdn and several. Section 13 .5 Design Criteria. Any duplexes to be constructed on Lots 1 through 11 and the office building to be constructed on Lot 12 shall meet the design characteristics shown in Exhibits A and B attached hereto, namely articulated facades and peaked roofs, with such modifications as may be approved by the Development Services Division of the City of Renton. Section 13. 6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Section 13.7 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose 230889.3 4/25/96 4:38pm -15- • • of creating a uniform plan for the operation and maintenance of the Property. Section 13 .8 Captions. Captions given to the various articles and sections herein are for convenience only and are not C) intended to modify or affect the meaning of any of the substantive provisions hereof. Section 13 .9 Effective Date. The Declaration shall take 0, effect upon recording. IN WITNESS WHEREOF, Declarant has executed this Declaration on the ,i day and yearyfirst herein above written. CI DECLARANT: ec A. Book Myrt , ook 9 ;D FIVE STAR DEVELOPMENT COMPANY U0 a Washington general partnership t By e'! '% Its CI STATE OF WASHINGTON ) • ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that ALEC A. BOOK and MYRTLE BOOK are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated this 9.6.4 day .of 11 1 , 1996. • jg 714A/J,(,. (cMce-ke-fil t�ifiifi� 1� (Signature of Notary) / �� �� � (Legibly Print or Stamp Name of Notary) as Notary public in and for he r state of Washington, residing at rte'. i, iyf� ' My appointment expires 6 -16" --9V •S46- NI iWi S*# 230889.2 3/22/96 2:53pm -16- a f STATE OF WASHINGTON ) ss. COUNTY OF KING ) /�� I certify that I know or have satisfactory evidence that CO l 6 f ,L AL. 6‘,,,;_s is the person who appeared before me, and or said person acknowledged that said person signed this instrument, on oath stated that said person was uthorized to execute the 0 instrument and acknowledged it as the payfpey of FIVE co STAR DEVELOPMENT COMPANY, a Washington general partnership, to be CQ the free and voluntary act of such corporation for the uses and 04 purposes mentioned ff L�in the instrument. 4)[ lDated this U// day of l , 1996. Col i ' /),(4.A A_. ( 4 ' , ',�� 9p gtlgfgg� (Signature of Notary) , ra .%,„_00N F �� 4 *OTA R r Vs. i (Legibly Print or Stamp Name of Notary) • o woof.term Notary public in and for the state of ��s PUMA :72: Washington, residing at 76411)0 'il'A•• 6•164804'41/4°S Cp '� `9b ��:.OW�`�,��.` My appointment expires A V J 230889.2 3/22/96 2:53pm -17- • • • • EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS FOR HIGHLAND BOOK ADDITION 0, (2^ 0, •04 4) Schematic Plans for 1 Office Building on Lot 12 , , • . , 61030983 . . . -.i-4.,.. .1, _ . , . • 1 . 7.-c,ii , , ,,--,....7 ...„,-c.iI , • ..‘„-6.• %- q .,...-_ I • Jr ,. _,,,I . • .0_...-,•• I i14 • . i . . , • . : , , • ; , , -I * i : . . ., . . . . -- ', ,.. Y1,,,,._„..... :4---L., - . , I ,.. . 1 ifT, _ . ., ii • 1--- 1 . 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T4 p. pp\I Schematic Plans for Duplexes on Lots 1-11 n • . I� . \j C 0. L k LIVING RM. On - - r - .- C) 1 I 1 1 I CI I 1—_I _ 114 -• _I I_,I F 0 I-- -- J UF' } N •+� i is 6) DINING P.M. J / HIl-----' 1 KITGNEf�I Et-ITrtY Da;N x lLE , 7 F t pbd:TRY 1 _,__ ' 1 Ci..) -.'..) w t3.Fit.:4,6•K PA., 7 % � 4) N JI . I\ i 10 6 C C CIL c _ (2) CARL GAEZAG>_ — •▪- C -1 N N l-J C. EXHIBIT B-1 it ZO..'O anaxa f . , 1 i . ( _. ;. _ ____I; F - I °_ EN [ Can-Li (91 .I II i/J� 8 'I { III III iI 3''c>=� ) V'->"dM n 1 ‘9 Pak i r , i W^^ Car/ I Ce) I- I I 1 I. I • I II 23-0a. - III P T:o.p--. M A4 y� � - 9IMMO zc _ _ - -- --- - — W I IO�O� (}) j FRONT ELEVATION . U 8 • = 11 - o • - . VSGOCOZT961 • . Y I 23-c p4 ji .I _ • .•.. .k._...-.a. , I • W • :SIDE ELEVATION 8 • _ - o • - . . . . , _ _ s X ve-P--1" rYG'Da 2 1 1 1 1-c,II — •---060.- 1-1:--- -1-142-0-1- -- jN; IIP O b: I M11 [: 1 ► i 1 1 �I ...,-- �..�__te ��1 jar -..... .r ...._r . �I (1) Issummotasi • L''It - REAR ELEVATION , / a • , ' - 0 • ' v - •