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STONEGATE
TABLE OF CONTENTS
Page
ARTICLE I
Interpretation 2
Section 1 : Liberal Construction 2
Section 2 : Definitions 2
Section 2 . 1 Association 2
Section 2 . 2 Common Area 2
Section 2 . 3 Declarant 2
Section 2 .4 Development Period 2
Section 2 . 5 Development Plan 3
Section 2 . 6 Lot 3
Section 2 . 7 Owner 3
Section 2 . 8 Subdivision 3
Section 2 . 9 Native Growth Protective Easement 3
CARTICLE II
Property Rights 4
CI.� Section 1 : Owner' s Easement of Enjoyment 4
Section 2 : Delegation of Use 4
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() ARTICLE III
Membership and Voting Rights 5
Section 1 : Membership 5
Section 2 : Voting Rights 5
ARTICLE IV
Association Regulations and Assessments 5
Section 1 : Creation of the Lien and Personal
Obligation os Assessments 5
Section 2 : Purpose of assessment 6
Section 3 : Maximum Assessment 6
Section 4 : Special Assessments 6
Section 5 : Reserves for Repair of Replacement 7
Section 6 : Common Areas Exempt 7
Section 7 : Exception to Maximum
Assessment Limitation 7
Section 8 : Notice of Quorum for
Establishing a Budget 7
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Section 9 : Uniform Rate of Assessment;
Lots Owned by Declarant Exempt 7
Section 10 : Date of Commencement of Assessments;
Due Dates 7
Section 11 : Effect of Nonpayment of Assessments;
Remedies of the Association 8
Section 12 : Subordination of the Lien
to Mortgages 8
Section 13 : Real Property Taxes 9
Section 14 : Common Area Maintenance Responsibility;
Private Street Lighting System 9
Section 15 : Rules and Regulations 9
Section 16 : Indemnification of
Board Members and Officers 10
ARTICLE V
Acceptance of Covenants 11
Section 1 : Occupancy and Use 11
Section 2 : Residential Site 11
Section 3 : Construction of Improvements 12
Section 4 : Architectural Control 12
:JD Section 5 : Minimum Size Requirements 14
c0 Section 6 : Landscaping 14
'4 Section 7 : Construction 15
Section 8 : Plantings and Fences 15
Section 9 : Antennas 15
dSection 10 : Changing Lot Contours 16
Section 11 : Maintenance by Owners 16
CD Section 12 : Garbage Disposal 16
Section 13 : Clothesline 17
Section 14 : Roofing Materials. and Siding 17
Section 15 : Underground Utilities 17
Section 16 : Nuisance 17
Section 17 : Trash and Accumulations 17
Section 18 : Non-permitted Parking 18
Section 19 : Signs 18
Section 20 : Woodpiles 18
Section 21 : Restriction Against Wells 18
Section 22 : Assessments for Lighting,
Water and Utilities 18
Section 23 : Deviation 19
Section 24 : Additional Restrictions 19
Section 25 : Easements and Restrictions
on Final Plat 19
Section 26 : Sales and Construction Facilities 19
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ARTICLE VI
General 'Provisions 19
Section 1 : Covenants to Run with Land 19
Section 2 : Breach of Covenants 20
Section 3 : Failure to Enforce 21
Section 4 : Right to Assign by Declarant 21
Section 5 : Annexation 21
Section 6 : Amendment of this Declaration 22
Section 7 : Severability 22
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DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
STONEGATE
THIS DECLARATION is made on the date hereinafter set forth by
Cl Chaffey Corporation, a Washington Corporation, hereinafter referred
to as "Declarant, "
v4
ttO WITNESSETH
0
M WHEREAS, Declarant is the Owner of certain property in the
City of Renton, County of King, State of Washington, which is more
particularly described as follows and hereinafter referred to as
the "Subdivision" :
Lots 1 through 53 and Tracts A, C, E, F, H and J of the
Plat of "Stonegate" as recorded in Volume \ \\, Pages ;•i.
‘0,1 , records of King County, Washington, under
Auditor' s File No.
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability
of, and which shall run with the real property and be binding on
all parties having any right, title or interest in the described
properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof .
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ARTICLE I.
Intrpretation._
Section 1. Liber&l_onstruction. The provisions of this
C�? Declaration shall be liberally construed to effectuate its purpose
of creating a uniform plan for the operation, maintenance,
rqconstruction, appearance and harmony of the Project .
Section 2 . Definitions:
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t„eD Section 2 . 1 "Association" shall mean and refer to
CI STONEGATE HOMEOWNERS ASSOCIATION, a Washington nonprofit
corporation, its successors and assigns .
Section 2 . 2 "Common Area" or "Open Space" (hereinafter
referred to as "Common Area" ) shall mean all real property owned,
used and/or maintained by the Association or designated as such on
the final plat . The Common Area includes ownership and/or
maintenance obligations on or related to Tracts A, B (landscaping,
signage and lighting maintenance) , C, D (landscaping, signage and
lighting maintenance) , F, H and J.
Included in the definition of Common Area for purposes of
maintenance obligations is the maintenance and payment for repair
and/or operation expenses for the private lighting system
throughout the plat and maintaining landscaping, signage and/or
lighting in Tracts B, D and H.
Section 2_.3 "Declarant" shall mean and refer to Chaffey
Corporation, a Washington corporation, their successors, heirs
and/or assigns if such successors, heirs and/or assigns should
acquire all of the undeveloped lots from the Declarant for the
purpose of development .
Section 2 .4. "Development Period" shall mean and refer to
that period of time beginning on the date of this Declaration and
ending at the earlier of : (i) 10 years from the date hereof; (ii)
sale to individual residential owners of eighty-five percent (85%)
of the Lots; or (iii) written notice from the Declarant to the
Association in which the Declarant elects to terminate the
Development Period.
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Section 2 . 'i "Development Plan" shall mean the
Declarant ' s intended use and development of the property, including
and subject to any and all regulations imposed by state, federal
and local law or as otherwise set forth in the final plat map, this
Declaration, or conditions imposed as a part of the approval of the
Subdivision.
Section 2 . 6 "Lot" shall mean and refer to all parcels of
land shown upon the recorded final plat map of the Subdivision,
with the exception of the Common Area, easements and any land
conveyed or dedicated to King County, the City of Renton or local
municipal corporations .
Section 2 . 7 "Owner" shall mean and refer to the record
owner, whether one or more persons or entities of a fee simple
title to any Lot which is a part of the Subdivision, including
N contract purchasers, but excluding those having such interest
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V1 merely as security for the performance of an obligation.
Q Section 2 . 8 "Subdivision" shall mean and refer to that
certain real property hereinabove described.
CD
Section 2 . 9 "Native Growth Protective Easement" or
+C"1 "NGPE" shall mean the real property designated a "Native Growth
Protective Easement" , "NGPE" or "Sensitive Area Tract" on the face
of the Plat . Dedication of an NGPE conveys to the public a
beneficial interest in the land within the NGPE. This interest
includes the preservation of the native vegetation for all purposes
that benefit the public health, safety, and welfare, including
control of surface water and erosion, maintenance of slope
stability, visual and aural buffering, and protection of plant and
animal habitat . The NGPE imposes upon all present and future
owners and occupiers of the land subject to the easement the
obligation, enforceable on behalf of the public by the City of
Renton, to leave undisturbed all trees and other vegetation within
the easement . The vegetation within the easement may not be cut,
pruned, covered by fill, removed or damaged without the express
written approval from the City of Renton Development Services
Division or its successor agency, unless otherwise provided by law.
No building foundations are allowed beyond the required
building setback line, unless otherwise provided by law.
The common boundary between the NGPE and the area of
development activity must be marked or otherwise flagged to the
satisfaction of Renton prior to any clearing, grading, building
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construction or other activity on a lot subject to the NGPE setback
area. The required marking or flagging shall remain in place until
all development proposal activities in the vicinity of the
sensitive area/NGPE are completed.
ARTICLE II.
Property Rights
Section 1. Owners' Easement of Enjoyment. Every Owner shall
have a right and easement of enjoyment, subject to restrictions set
forth herein or in the final Plat, in and to the Common Area which
shall be appurtenant to and shall pass with the title to every lot,
04 subject to the following provisions :
(i) the right of the Association to charge reasonable
O assessments of fees for use, maintenance, preservation,
1.4 insurance and other costs related to the Common Area.
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CO (ii) the right of the Association to dedicate or transfer
CI 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 . No such
dedication or transfer shall be effective unless an instrument
signed by two-thirds (2/3) of the total membership agreeing to
such dedication or transfer has been recorded.
(iii) the right of the Declarant to make use of or
occupation of, or utilize for purposes of ingress, egress,
utilities and other similar purposes, in the Common Area for
the duration of the Development Period.
Section 2 . Delegation of Ilse. Any Owner may delegate, in
accordance with the Bylaws, his right of enjoyment to the Common
Area and facilities to the members of his family, his tenants, or
contract purchasers who reside on the property. The easement in
favor of the owners for the Common Area shall be appurtenant to and
shall not be separated from the ownership of any Lot and shall not
be assigned or conveyed in any way except upon the transfer of
title to such Lot and then only to the transferee of such title .
The easement shall be deemed so transferred and conveyed whether or
not it shall be so expressed in the deed or other instrument
conveying title .
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ARTICLE III.
Membership and Voting_Righte
Section 1. Membership. Every Owner of a Lot which is subject
to assessment and all Lots within the Subdivision held for sale by
Declarant shall be a member of the Association. Membership shall
be appurtenant to and may not be separate from Ownership of any Lot
which is subject to assessment .
Section 2 . Voting Rights. The Association shall have two (2)
classes of voting membership:
Class A: Class A members shall be all Owners with
the exception of the Declarant and shall be entitled to
one (1) vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons
shall be members . The vote for such Lot shall be
02
tD exercised as they among themselves determine, but in no
Cl event shall more than one (1) vote be cast with respect
Oto any Lot .
CI Class B: Class B members shall be the Declarant and
CD shall be entitled to three (3) votes for each lot owned.
QD
Ch The Class B membership shall cease and be converted to
Class A membership upon the expiration of the Development
Period.
ARTICLE IV.
Assoction Regulations and Assessments
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0 - • - _ * • • - _ • , - • . ' . _ ' • •1 •I.
Assessments. The Declarant, for each improved Lot owned within the
Subdivision, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agrees to pay to
the Association:
(a) annually, semi-annually, quarterly or
monthly assessments or charges; and
(b) special assessments to be established and
collected as hereinafter provided.
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The assessments, together with interest, costs and reasonable
attorney fees, shall be a charge on the land and shall be a
continuing lien upon and shall attach to the property against which
each such assessment is made. Each such assessment, together with
interest, costs and reasonable attorney fees incurred in collecting
the same, shall also be the personal obligation of the person who
was the Owner of such property at the time when the assessment fell
due, irrespective of the ownership of the Lot at the date of
collection.
Section 2 . Purpose of Assessment. The assessment levied by
the Association shall be used to promote the recreation, health,
safety and welfare of the residents in the Subdivision and for the
improvement, construction, repair, maintenance, insurance and other
expenses (e .g. , taxes, utility and street lighting charges,
gardening, landscaping and fencing) , related to or arising from
Common Area or land for which the Association has such
responsibilities or obligations (e.g. , street lighting, landscaping
maintenance in Tracts B and H excluding the drainage course, entry
landscaping, fencing and monuments) or other items deemed necessary
and proper by the Association to keep the Subdivision in a good,
clean, attractive and safe condition in compliance with all
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01 applicable codes, laws, rules and regulations .
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® Assessments may also be levied to pay for any professional
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0'1 services or consultation incurred by the Association in carrying
Q out its duties, including but not limited to biologists, certified
Cr public accountants and legal counsel .
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Section 3 . Maximum Assessment. Until January 1st of the year
immediately following the conveyance of the first Lot to an Owner,
the maximum assessment shall not exceed two hundred dollars and
no/100 ($200) per year. The assessments shall be established,
reviewed, and/or adjusted by the Board of Directors, subject to
member ratification, as provided in the bylaws of the Association.
Section 4 . Special Assessments . In addition to the
assessments authorized above, the Association may, in accordance
with and to the provisions of the bylaws and any applicable laws,
levy special assessments through the use of a special budget as
authorized in the bylaws of the Association. The special
assessments may be used to cover unanticipated financial
shortfalls, and/or for the purpose of defraying, in whole or in
part, extraordinary expenses such as the cost of any construction,
reconstruction, repair or replacement of a capital improvement of
the Common Area, property, street lighting maintenance and
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liability expenses, fixtures or improvements of the Association,
including repairs or renovation.
Section 5 . Reserves for Repair or Replacement. As a common
expense and as a part of the Association budget, the Association
may establish and maintain a reserve fund for repair or
replacement of improvements and community facilities thereon by the
allocation and payment monthly to such reserve fund of an amount to
be designated from time to time by the Association. The reserve
fund shall be expended only for the purpose of repair, replacement
or improvement to the Common Areas and any improvements and
community facilities for which the Association is responsible, and
for start-up expenses and operating contingencies of a nonrecurring
nature . The proportional interest of any Owner in any such reserve
shall be considered an appurtenance of such Owner' s Lot or Living
Unit and shall not be separately withdrawn, assigned, or
transferred, or otherwise separated from the Lot or Living Unit to
which it appertains and shall be deemed to be transferred with such
LO Lot in the event of a transfer or sale .
C) Section 6 . Common Areas Exempt. The Common Areas and all
4 portions of the Property dedicated to and accepted by a government
or public authority shall be exempt from assessments by the
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QD Association.
Section 7 . Exception_to Maximum As meat Limitation. The
limitations of maximum assessments shall not apply with respect to
fines for other charges against a member by the Board pursuant to
this Declaration or bylaws of the Association.
Section 8 . Notice - * • • • ,q • _ - 00 -_ . . - _.
Written notice of any meeting called for the purpose establishing
a budget from which the assessments are based shall be personally
delivered or mailed to all members in a manner consistent with the
provisions of the bylaws of the Association.
Section 9 . Uniform Rate of Assessment; Lots Owned by
Declar n Exempt. Except as otherwise authorized herein, all
assessments must be fixed at a uniform rate for all Lots, provided,
however, that any vacant or unimproved Lot or any unoccupied
residence owned by Declarant shall not be subject to any assessment
or charge herein.
Section 10 . Date of Commencement_of Assessments; Due Dates.
The assessments provided for herein shall not commence prior to the
first day of the month following the conveyance of the first Lot
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from the Declarant . As to each particular Lot involved, the
assessments shall begin on the first day of the calendar month
following the date of any deed or contract of sale for the Lot, or
on the first day of the calendar month following occupancy of the
premises, whichever is earlier.
The assessments may be budgeted on an annual basis (referred
to herein as "annual assessment" ) subject to adjustments according
to the number of months remaining in the calendar year. The due
dates shall be established by the Board and shall be payable on a
monthly, quarterly, semiannual or annual basis as determined by the
Association. The Owner may prepay one (1) or more installments on
any assessment without a prepayment penalty.
Section 11. Effect of Nonpayment of_Aseessments; Remedies of
the Association. Any assessment not paid within thirty (30) days
CA after the due date shall bear interest from the due date at the
V, rate of twelve percent (120) per annum. Unpaid assessments, plus
CD interest, costs and attorney fees incurred by the Association in
collecting assessments, enforcing the provisions of this
Declaration or the bylaws, or defending itself in any litigation
shall constitute and create a lien on the property, provided
however, before the arrearage actually assessed, the Owner shall be
provided an opportunity to be heard by the Board of Directors or
such representative as is appointed by the Board of Directors . The
failure to provide an opportunity to be heard as provided herein
does not eliminate the accumulation of extra fees and charges,
provided such opportunity is afforded before the extra fees and
charges are actually assessed and collected. The Association may
bring an action at law against the Owner personally obligated to
pay the same for collection of the assessments or other charges
pursuant to this Declaration, and/or foreclose the lien against the
property. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use or abandonment of his
Lot .
Section 12 . Subordination—of the—Lien to Mortgages . The lien
of the assessment 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 the Lot, only in the event that the lien for delinquent
assessments has not been recorded with the King County Auditor at
the time of the recording of the mortgage lien. Sale or transfer
of any Lot shall not affect the assessment lien. No sale or
transfer shall relieve such Lot from liability for any assessments
thereafter becoming due or from the lien thereof .
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h
Section 13 . Real Property Taxes. In the event that there are
real property taxes on the Common Area, the Association shall pay
the same as an expense of the Common Area. If the tax becomes
delinquent, the total amount of the delinquent taxes shall be
divided equally among all the Owners, and said portion of each
Owner' s share of delinquent taxes shall be a lien on said Owner' s
Lot to the same extent as if the delinquent tax was on the Owner' s
Lot .
Section 14 . Common Area Maintenance Responsibility; Private
Street Lighting System. Maintenance, repair, replacement,
improvements, taxes, insurance and other obligations and expenses
or assessments arising from or through this Declaration or the
final plat shall be the responsibility of the Association unless
otherwise specified. In addition to the maintenance of the Common
Area, the Association shall maintain the landscaping and signage
04
installed by the Declarant or Association in Tracts B and H, and
the obligations relating to the private street lighting.
44.4 The Association and the individual Owners shall be
CI responsible for all maintenance and liabilities associated with the
O private street lighting system. The system shall function during
LDCI the same hours and duration as the public system, and shall meet
the lighting levels and uniformity ratios as required by the Codes
of'- the City of Renton. Any required repairs shall be per
applicable codes and regulations, and shall be accomplished within
one week of observable failure .
The Association shall be required to provide (and keep
current) to the Renton Transportation Division the name and
telephone number of a contact person responsible for maintenance of
the lighting system. A bond or other mechanism acceptable to the
City shall be in place to refund the city any expenses (including
but not limited to attorney fees, billing and administrative costs,
telephone charges, copying charges, facsimile charges, labor and
overtime, parts, materials and equipment) incurred by the City due
to default or failure of the Association to prepare the light
system in a timely manner. In the event roadways within the plat
are classified as principal, minor or collector arterial, the
street lighting on those roads shall be required to follow all City
details and standards as a separate system to be turned over to the
City upon acceptance.
Section 15. Rules and Regulations . The Association shall
have the power through corporate resolution to adopt and enforce
rules and regulations governing the use of the Common Area, so long
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as such rules and regulations are consistent with law or this
Declaration. The Association may prescribe penalties for the
violation of such rules and regulations, including but not limited
to suspension of the right to use the Common Areas or portions
thereof . Any such rules and regulations shall become effective
thirty (30) days after promulgation or amendment and shall be
mailed to all Owners within thirty (30) days after promulgation or
amendment . A copy of the rules and regulations then in force shall
be retained by the secretary of the Association and shall be
available for inspection by any Owner during reasonable business
hours . Such rules shall have the same force and effect as if set
forth herein.
Section 16. Indemnification of Board Members and Officers .
Directors, Officers and Committee members of this Association shall
not be liable to the Association or its members for damages caused
by an action taken on behalf of the Association in good faith.
This provision may not limit liability for acts involving
V, intentional misconduct such as a knowing violation of the law or a
knowing breach of the duty to the Association, or for failure to
exercise the degree of care and loyalty required under RCW 24 . 03 .
eq
CDDirectors, Officers and Committee members of this Association
shall be indemnified and held harmless from and against any
damages, liabilities, judgments, penalties, fines, settlements and
reasonable expenses (including attorney fees) actually incurred as
a result of all actions undertaken by said person in good faith,
and (i) in the case of conduct in his or official capacity with the
Association, he reasonably believed his conduct to be in the
Association' s best interests, or (ii) in all other cases, he
reasonably believed his conduct to be at least not opposed to the
Association' s best interests, and (iii) in the case of any criminal
proceedings, he had no reasonable cause to believe his conduct was
unlawful . Said persons shall be indemnified and held harmless to
the full extent permissible under Washington law.
The foregoing right of indemnification shall not be exclusive
of other rights to which such Director, Officer or Committee member
may be entitled to as a matter of law. The Board of Directors may
obtain insurance on behalf of any person who is or was a Director,
Officer, employee, or agent against any liability arising out of
his status as such, whether or not the Association would have power
to indemnify him against such liability.
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ARTICLE V.
Acceptance of Covenant$
In consideration of the acceptance hereof by the purchasers
and grantees of deeds or contracts to the Lots in said Subdivision,
their heirs, devisees, personal representatives, successors, and
assigns, and all persons or concerns claiming by, through or under
such grantees, declare and agree with each and every person who
shall be or who shall become an Owner of any of said Lots, that
said Lots shall be and hereby are bound by the covenants set forth
herein shall be held and enjoyed subject to and with the benefit
and advantage of the protective covenants, restrictions,
limitations, conditions and agreements set forth herein.
CNI Section 1. Occpancy and Use. No Lot, building or structure
.0 thereon, or any part thereof shall be used or occupied for any
V, purpose other than as a single family residence unless specifically
CD authorized by zoning laws and regulations, the Association, and the
r4 Declarant during the Development Period. The conduct or carrying
Oon of any manufacturing, trade, business, commerce, industry,
CD profession, or other occupation whatsoever, upon any such Lot or
' C) any part thereof, or in any building or structure thereon erected,
shall constitute a breach of this restriction. Notwithstanding
the forgoing, and subject to this Declaration and all rules
promulgated hereunder, the Owners are permitted to (i) lease or
rent their Lot and improvements for residential use, or (ii) to
operate a home business, provided the home business is legal,
complies with zoning and other governmental regulations, creates no
additional traffic, involves no advertising or signs, and does not
create or result in activities which are a nuisance or annoyance to
other members or residents of the Subdivision.
Section 2 . Residential Site. No portion of any Lot shall be
owned, used or occupied except as a single residential site . A
residential site shall consist of :
(i) one or more full Lots;
(ii) one or more full Lots and portions of a
contiguous Lot or Lots; or
(iii) contiguous parts of Lots which shall form one
plot of land suitable for use as a site for a residence,
provided that each residential site shall extend from the
fronting street to the existing rear property line of the
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component Lots and shall have front and rear dimensions,
neither of which are less than those of the smallest component
Lot shown on the plat of the Subdivision as of the date of
this Declaration. A component Lot shall be deemed to be a Lot
and any portion of which is included in such residential site.
Section a. Construction of Improvements. For the purpose of
further insuring the development of the lands in this Subdivision
as a residential area of high standards, Declarant reserves the
right to control the buildings, structures and improvements,
including the location, placed on each Lot and the Common Area.
The Owner or occupant of each Lot, by acceptance of title thereto
or by taking possession thereof, covenants and agrees that the same
and any improvements placed or constructed thereon shall conform to
this Declaration and the Development Plan.
Section 4. Architectural Control. For the purpose of further
insuring the development of the lands in this Subdivision as a
'4 residential area of high standards, Declarant reserves the right to
control the buildings, structures and improvements placed on each
residential site. The Owner or occupant of each Lot by acceptance
of title thereto or by taking possession thereof, covenants and
agrees that no building, wall, fence, out building, pet house,
masonry, signs, lamp post, swimming pool, or other structure or
improvement (hereinafter "structure" or "building") shall be placed
upon said premises unless and until the plans, specifications and
plot (site) plans have been approved in writing by the Declarant or
its nominee as provided, in which case only those plans receiving
such approval may be placed, constructed or maintained on the Lot .
The Declarant may nominate the Association or an Architectural
Control Committee to perform the duties specified in this Section.
The Architectural Control Committee shall have three (3) members
who each serve three (3) year terms. The Declarant may appoint the
numbers until such time as all Lots in the subdivision have been
sold and all plans approved, at which time the Declarant may
transfer said appointment power to the Board of Directors .
Application for approval of plans to the Declarant or
Architectural Control Committee shall be accompanied by a fee
established by the Architectural Control Committee . The
application fee shall not exceed Two Hundred and Fifty dollars and
no/100 Dollars ($250) . Refusal or approval of plans and
specifications may be based on any ground, including purely
aesthetic grounds, which in the sole and uncontrolled discretion of
the Architectural Control Committee shall deem sufficient . No
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alteration of the exterior appearance (including without
limitation, the color of any buildings or structures) shall be made
without like written approval . All buildings and other structures
must be designed by an architect, who is either registered to
practice in the state of Washington, or is a designer approved in
writing by Declarant or its nominee .
As to all construction and alterations within or upon the
property, the Declarant or its nominee shall have the right to
refuse to approve any design, plan or color for such improvements,
construction or alterations, which is not suitable or desirable in
the opinion of the Declarant or its nominee for any reason,
aesthetic or otherwise, and in so passing upon such design, the
Declarant or its nominee shall have the right to take into
consideration the suitability of the proposed building or other
structure, and the material of which it is to be built and the
QD exterior color scheme to the site upon which it is proposed to
C' erect the same, the harmony thereof with the surrounding Lots and
s4 improvements, and the effect or impairment that said structures
CD
eel will have on the view of surrounding building sites, and any and
On all facts, which, in the opinion of the Declarant or its nominee
CD shall affect the desirability or suitability of such proposed
0) structure, improvements or alterations. Any action or inaction by
the Declarant or its nominee shall be solely discretionary and all
parties, members and/or potential members shall hold and save
Declarant or its nominee provided any such actions or inactions are
in good faith.
In connection with said approval, complete plans and
specifications of all proposed buildings or structures and exterior
alterations, together with detailed plans showing the proposed
location of the same on the particular building site, shall be
submitted to the Declarant, before construction or alteration is
started, and such construction or alteration shall not be started
until written approval thereof is given by the Architectural
Control Committee .
All plans and specifications for such approval must be
submitted at least sixty (60) days prior to the proposed
construction starting date .
Should the Declarant or its nominee fail to approve or
disapprove the plans and specifications submitted by an Owner of a
residential site within the Subdivision within thirty (30) days
after written request therefor, then the applicant may request in
writing a response within an additional fourteen (14) days . In the
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event there remains no response, the plans shall be deemed
approved, provided, however, the plans must still comply with the
Declaration in all other respects . No building, wall, fence, sign,
swimming pool or other structure shall be erected or be allowed to
remain on any residential site which violates any of the covenants
or restrictions contained in the Declaration.
Any actions or inactions of the Declarant, its agents or
nominees, or the Architectural Control Committee shall be solely
discretionary and all parties, members, potential members and Lot
Owners shall hold and save harmless the Declarant, its agents or
nominees, and the Architectural Control Committee and its members,
provided such actions or inactions are in good faith.
Section 5 . Minimum Size Requirements . No building shall be
04 allowed on any residential site in the Subdivision except one
single-family dwelling house, all for the use and occupancy of one
V, immediate family and attendant bona fide domestic servants only.
w4 Any auxiliary building must be so designed and constructed as to be
w4 compatible in appearance with the main building and must have
Architectural Control Committee approval . Said dwelling house
shall have a fully enclosed living area, excluding attached garage
QD
c7 or carport, which has a floor area of not less than 2 , 000 square
feet in the case of one story houses, and 2, 500 square feet in the
case of multi-floored houses . No such auxiliary building, with
the exception of garages and carports, shall have a ground coverage
in excess of three hundred (300) square feet . No such dwelling
house shall exceed two (2) stories (excluding the basement) or be
more than thirty (30) feet in height, without prior written
approval of the Declarant, nor shall any such auxiliary building or
authorized structure be more than fourteen (14) feet in height
without said approval . Height of buildings shall be measured from
the highest point at which the natural contour of the ground comes
in contact with such building or structure. The above requirements
do not supersede any governmental requirements that are more
restrictive .
Section 6 . Landscaping. Each lot shall be landscaped in
accordance with plans and specifications as now or hereafter
adopted by the Declarant .
All front yards and landscaping must be completed within six
(6) months from the date of completion of the building or structure
constructed thereon; in the event of undue hardship due to weather
conditions, this provision may be extended for a reasonable length
of time upon written approval by the Declarant, or its nominee .
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Section 7 . Construction. All construction of properly
authorized improvements on any residential site which have been
commenced, shall be diligently pursued to completion thereof in a
manner and at a rate reasonably consistent with building standards
prevailing in the immediate area relating to high quality
construction of a similar type, and in no event shall the period of
construction of any improvement exceed nine (9) months from the
date of commencement of construction to completion as to external
appearance, including finished painting. No structure or vehicle,
other than a completed permanent dwelling house as contemplated by
these restrictions and limitations, shall be used on any Lot at any
time as a residence, either permanently or temporarily. No
auxiliary building shall be deemed completed as long as the
dwelling house itself is incomplete . Unless written approval is
Egobtained from Declarant or its nominee, no building shall be
M erected upon any Lot so that any part thereof, including eaves or
' overhangs, shall be :
rd
AI (i) closer than twenty (20) feet to the boundary
CD line of said Lot which extends along a platted street in the
CI Subdivision;
(ii) closer than five (5) feet to the rear boundary
line of said Lot; or
(iii) closer than five (5) feet to any other boundary
line of said Lot .
The construction of residences shall also comply with the
minimum floor elevations, if any, specified for each Lot on the
Final Plat .
Section 8. Plantings and Fences . No hedge more than six (6)
feet in height, nor any fence, wall or other similar structure more
than six (6) feet in height, shall be constructed, erected, placed,
planted, set out, maintained or permitted on any residential site .
Section 9 . Antennas. No television antennas, including
satellite communication dishes, or such similar devices, (other
than "mini dishes" with a diameter of less than 24 inches placed in
the location approved by the Architectural Control Committee or the
Declarant) , radio aerials, ham radio broadcast or receiving
apparatus, shall be erected, maintained or placed on any
residential site without specific written approval by the
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Association. Rotary beams or other similar devices shall not be
constructed on any residential site .
Section 10 . Changing Lot Contours . The surface grade or
elevation of the various Lots and other residential sites in the
Subdivision shall not be substantially altered or changed in any
manner which would affect the relationship of such Lot or other
residential sites adjoining, or which would result in materially
obstructing the view from any other Lot or residential site in the
Subdivision, or which would otherwise produce an effect out of
harmony with the general development of the immediate area in which
said Lot or other residential site is located. Whether or not such
alteration or change in the elevation or grade of any Lot or any
residential site would be prohibited, shall be determined by the
Declarant or the Association in its sole and uncontrolled
discretion.
Section 11. Maintenance by Owners. Unless otherwise
Cl
w4 specifically provided herein, the Owner of each Lot shall be
0 responsible for the maintenance and upkeep of the improvements and
landscaping located thereon. All such Owners shall likewise
O maintain their hedges, plants, shrubbery, trees, and lawns in a
44 neat and trim condition at all times . Each Lot Owner agrees to
promptly landscape all portions of the Lot facing any street .
After notice to an Owner from the Association of such Owner' s
failure to maintain said lot, landscaping and/or improvements in
accordance herewith, and after approval by a majority vote of the
Board of Directors or other Association committee to which such
oversight responsibility shall have been delegated, the Association
shall have the right, through its agents and employees, to enter
upon any Lot or improvement which has been found to violate the
foregoing standards in order to repair, maintain, and/or rectify
the same to such standards . Provided that the Board of Directors
or its representative has given the Lot Owner notice and an
opportunity to be heard, the cost of such work shall be a special
assessment on such Owner and such Owner' s lot and improvements, and
the provisions of this Declaration regarding the collection of
assessments shall apply thereto.
Section 12 . Garbage Disposal . The Owners of the residential
sites in said Subdivision shall be responsible to assure that no
garbage can or other receptacle will be visible from any place
outside the premises except on collection day.
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Section 13 . Clothesline. No Owner or occupant of any
residential site shall place or permit clotheslines thereon which
are visible from any Lot or street in the Subdivision.
Section 14. Roofing Materials and Siding. All roofs shall be
in accordance with specifications as to type, style, color and
other criteria as adopted by the Declarant .
Section 15. Underground Utilities. All utilities, on and in
public dedicated areas, private property, or on and in the Common
Areas, including water, cable television, natural gas, storm sewer,
and power shall be installed underground in compliance with all
04 Governmental regulations for the installation and maintenance of
io; the same . No lines or wires for the transmission of current or for
,4 telephone use shall be constructed, placed, or permitted to be
0 placed upon any residential site outside the buildings thereof
011 unless (I) the same shall be underground or in the conduit attached
Q to a building or (ii) is approved by the Declarant or its nominee .
CD
4, Section 16. Nuisance. Nothing shall be done or maintained on
any Lot or other residential site which may be or become an
annoyance or nuisance to the neighborhood. No livestock, animals,
poultry or fowl shall be kept on any Lot or other residential site
other than animals or birds of the type and species generally
recognized as common household pets in the immediate area, such as
dogs, cats, canaries and parakeets which are kept on said property
solely as household pets, provided that no such household pet which
is or becomes an annoyance or nuisance to the neighborhood shall
thereafter be kept on any Lot or residential site . No dog houses,
dog runs or dog kennels may be placed on any Lot or residential
site unless they are screened from the view of neighboring
properties and the streets and do not create an annoyance or
nuisance . All dogs shall be kept in the residence or garage at
night so as to eliminate disturbances related to barking dogs while
other residents are trying to sleep.
Section 17 . Trash and Accumulations. No trash, refuse pile,
vehicles, underbrush, compost pile, or other unsightly growth or
objects shall be allowed to group, accumulate or remain on any Lot
so as to be a detriment or unreasonable annoyance to the
Subdivision or become a fire hazard. In the event any such
condition shall exist upon any Lot, Declarant may enter upon said
Lot and remove the same at the expense of the Lot Owner who, on
demand, shall reimburse Declarant for the cost thereof, and such
entry and removal shall not be deemed a trespass .
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Section 18. Non-permitted Parking. No boats, boat trailers,
house trailers, automobiles, trucks, campers, motor homes, or other
vehicles, or any part thereof, not in actual current use shall be
stored or permitted to remain on any residential site or Lot unless
the same is stored or placed in a garage or other fully enclosed
space, or is entirely screened so as not to be visible from any
streets and abutting Lots. All screening is to be approved by the
Architectural Control Committee.
Section 19 . Signs . No signs of any kind shall be placed on
any Lot or residential site in the Subdivision where the same is
visible from any Lot or street in the Subdivision, except in
accordance with such rules and regulations as may from time to time
be adopted by the Declarant or Association. In the absence of such
rules and regulations-, no signs whatsoever other than conventional
house numbers indicating the address of the premises shall be
placed on any Lot or residential site . "For Sale" or "For Rent"
04 signs, the maximum size of which shall be two feet by three feet,
must be approved by Declarant or Association. During the
V, Development Period, Declarant may require all signage on Lots and
homes to be uniform in the dimension and general character
� regardless of the builder or Realtor or other person involved in
marketing the Lot or home. Uniformity standards may be adopted by
the Declarant .
07
Section 20 . Woodpiles . Woodpiles or wood supplies shall not
be stored on any front or side yard, or be visible from the streets
within the Subdivision.
Section 21. Restriction_Against Wells. No Lot or Owner of
any Lot may have placed or constructed on, upon, under or within
the confines of such Lot or any Common Area any water or irrigation
wells for any purpose whatsoever.
Section 22 . Assessments for Lighting_, water and Uti] i ies.
The budget of the Association shall provide necessary funds to pay
the cost for obligations and responsibilities such as the lighting,
water and utilities in the Subdivision, including the Common Area,
and the reasonable maintenance of such facilities. The proceeds of
such assessments shall be used only for the purposes herein
provided. The assessments herein provided for may be prorated,
assessed and collected in the same manner as set forth hereinabove
with respect to any other assessment provided herein, and shall
constitute a lien on the respective Lots and plats and an
obligation of the Owner thereof, as herein provided.
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•
Section 23 . Deviation. Declarant hereby reserves the right
to enter into agreement with the grantee of any Lot or Lots
(without the consent of the Owners of any other Lots) to deviate
from the conditions, restrictions, limitations or agreements
contained in this Declaration. Any deviation shall be manifested
in an agreement in writing and shall not constitute a waiver of any
such condition, restriction, limitation, or agreement as to the
remaining Lots in the .Subdivision and the same shall remain fully
enforceable as to all other Lots located in the Subdivision.
Section 24 . Additional Restrictions. Declarant may from time
to time during the Development Period impose or eliminate
restrictions on all or any part of the Subdivision, including but
not limited to designation of specific height restrictions,
reservation of view corridors, color restrictions and fencing
restrictions . Such restrictions shall be enforceable by the
C�2 Declarant and\or the Association.
QD
Cl Section 25. Easements and Restrictions on Final Plat .
Easements and Restrictions set forth in the recorded Plat Map are
incorporated herein and hereby reserved on each Lot as shown on the
10)
CD final approved Plat .
al Section 26 . Sales and Constru tion Faciliti-s. Notwithstand-
ing any other provision in this Declaration to the contrary, it is
expressly permissible during the Development Period for the
Declarant and its agents, employees or nominees, to maintain on any
portion of the property owned by the Declarant or Association such
facilities as the Declarant may reasonably feel are required,
convenient, or incidental to the construction and/or sales of lots
or improvements thereon. The Declarant may permit, in writing, an
individual owner to maintain temporary equipment and construction
material on the Owner' s Lot when the Declarant feels the same is
reasonably required, convenient or incidental to construction
activities for improvement on said Lot .
ARTICLE VI.
General Provisions
Section 1 . Covenarits to Run with Land. This Declaration
shall constitute a servitude upon all Lots in the Subdivision
conveyed by Declarant, its successors or assigns, to any grantee,
and shall run with the land and be binding upon all such grantees
and all persons claiming by, through or under them. The acceptance
of any such conveyance by any such grantee shall constitute an
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agreement on the part of any such grantee, for himself, his heirs,
devisees, personal representatives, and assigns to all such
covenants, restrictions, limitations, conditions and agreements .
This Declaration, as amended or supplemented, shall remain in
full force and effect for a period of twenty (20) years from the
date recorded, at which time they shall automatically extend for
successive periods of ten (10) years each, unless by written
agreement of the then Owners of a majority of the Lots in the
Subdivision it is agreed to terminate or change this Declaration in
whole or in part . In the event this Declaration is extended to
include adjoining lands through the annexation procedures herein,
this Declaration may only be terminated or changed in conjunction
(o? with the adjoining lands, and in such case, the agreement of the
then Owners of a majority of all Lots subject to this Declaration,
01
as amended and extended, shall be required to effect such
0 termination or change . Termination of this Declaration or
.4 modifications which materially affect Common Areas or obligations
CD of the Association shall first receive approval from any
(p governmental agency potentially impacted by the termination or
CI modifications . Any termination or change shall become effective
upon the recording of such agreement, duly signed and acknowledged
by the necessary parties, as above provided, in the offices of the
Auditor of King County, Washington.
Section 2 . Breach of Covenants . In the event of the
violation or breach or attempted violation or breach of any of
these covenants, restrictions, limitations, conditions, duly
adopted rules and regulations,p egu ations, or agreements by any person or
concern claiming by, through or under the Owner, or by virtue of
any judicial proceedings, Declarant, the Owner of any Lot, or the
Association, or any of them, jointly or severally, shall have the
right to institute, defend or intervene in litigation or
administrative proceedings to compel compliance with the terms
hereof or to prevent such violation or breach.
The Association may be involved in its own name on behalf of
itself or two or more Owners on matters affecting the Association,
but not on behalf of Owners involved in disputes that are not the
responsibility of the Association. In the event of such
enforcement, the prevailing party shall be entitled to, in addition
to other relief, recovery of its attorney fees and costs .
In addition to the foregoing, Declarant, or its nominee, or
the Association shall have the right, whenever there is a violation
of these restrictions, to enter upon the property where such
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L
violation exists and summarily abate or remove the same at the
expense of the Owner, who, on demand and after notice and
opportunity to be heard by the Board of Directors or its
representative, shall reimburse the cost thereof including attorney
fees and costs incurred. Such entry and abatement or removal shall
not be deemed a trespass . Except in the event of an emergency,
three (3) days ' written notice must be given to the noncomplying
party before summary abatement or removal may occur.
Section 3. Failure to Enforce. The failure to enforce any
right, reservation, covenant, restriction, limitation, condition or
agreement herein contained, however long thereafter, either as to
the breach or violation involved or as to any similar breach or
violation occurring prior or subsequent thereto, shall not bar or
affect the enforcement of any such right, reservation, covenant,
restriction, limitation, condition or agreement as to any such
GD breach or violation thereof, nor shall said failure in any way be
V1 construed as or constitute a waiver of said provision.
11.4
CD
Section 4 . R ght to Assign by Declarant. The Declarant may
assign any and all of its rights, powers, obligations, privileges,
CD and interest under this instrument to any other person or concern,
CACI and in any such case any such successor or assignee may exercise
and enjoy such rights, powers, privileges and interest and shall be
responsible for such obligations to the same extent as Declarant
would have been had such assignment not been made .
Section 5. Annexation. Additional real property may become
subject to this Declaration in the following manners :
(a) Additions by Declarant- . The Declarant, its
successors and assigns, shall have the right, but shall not be
obligated, to include additional real property of Declarant ' s
selection, located outside the Property as a part of the
Properties subject to and restricted by this Declaration.
This right may be exercised without obtaining the consent or
approval of the Association or its members. The additions of
other real property authorized by this subsection shall be
made by incorporating the provisions of this Declaration by
reference on the face of any such final plat map of such other
real property. In addition, Declarant may file for record a
supplementary declaration of covenants, conditions and
restrictions containing such complementary additions and
modifications of the covenants contained in this Declaration
as may be necessary to reflect the different character, if
any, of the additional properties .
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c.
•
r .
A ! >
(b) Additions by Others. Upon approval in writing of
the Declarant during the Development Period and thereafter by
the Association, the Owner of such real property who desires
to subject such other real property to the provisions of this
Declaration and to subject it to the jurisdiction of the
Declarant, may file for record a supplementary declaration of
covenants, conditions, and restrictions, which by its terms,
expressly extends the covenants contained in this Declaration
to such other real property.
Section 6 . Amendment of this Declaration. Unless otherwise
specifically addressed elsewhere, an amendment to any term or
provision of this Declaration shall require the affirmative vote of
seventy-five percent (75%) of the voting power of the Association.
This Declaration may be amended during the Development Period by an
affirmative vote of fifty-one percent (51%) of the voting power of
Etthe Association. Amendments to any provision of this Declaration
C', which expressly alter the rights, duties, and obligations of
.4 Declarant shall contain the affirmative written consent of the
CDDeclarant . In the event that the Declarant has the necessary votes
01 and desires to amend the Declaration during the Development Period,
L,,,^ the Declarant may waive any requirements to conduct a membership
CA meeting if and to the extent permissible by law. Any amendment to
this Declaration must be recorded with the King County Auditor.
Section 7 . Severability. Should any one of the provisions of
this Declaration be declared void, invalid, illegal or
unenforceable for any reason, it shall in no way affect the
validity of the other provisions hereof, and such other provisions
are hereby declared to be severable and shall remain in full force
and effect .
IN WITNESS WHEREOF, the undersigned Declarant her in has
hereu to set its hand and seal the i day of ,
19 ery
CHAFFEY CORPORATION:
(a7/
14
By ✓/,_
Aileen Oppelaar;
Vice President of Land Development
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r ,
4 r k
STATE OF WASHINGTON
ss .
COUNTY OF KING
On this �g day of19 /4(fi
before me, a Notary Public in dfob the State of Washington,
personally appeared Aileen Oppelaar, to me known to be the Vice
President of Land Development of Chaffey Corporation, and who
acknowledged that she is authorized for and on behalf of said
corporation and did so execute the above and foregoing Declaration
of Covenants, Conditions and Restrictions of Chaffey Corporation,
as the free and voluntary act and deed of said corporation for the
uses and purposes therein set forth.
GIVEN under my hand and official seal the day and year first
epi above written.
CI
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�.• STH �1�4 Notary Public in and for the State
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