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HomeMy WebLinkAboutRC 9509280485 , 1 ' TWHEN iECORDEDRETURN TO: FP-95-155 Office of the City Clerk . Renton Municipal Building 200 Mill Avenue South e Renton,WA 98055 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR WESTVIEW THIS DECLARATION is made on this k. day of P.�(�!_ 19bythe undersigned ("Declarant") who is the owner of ureal property Cl. ) , g P p tY situated in the State of Washington, located in Section 8,Township 23 North, Range 5 East,W.M. City of Renton,in King County, and known as the Plat of Westview. DESCRIPTION OF DECLARATION Declarant desires to develop Westview as a residential community. Declarant also desires to provide for the maintenance of landscaping,fencing, and related items, and also for maintenance of the Storm Water Retention Facility and Bio Filtration swale Citi until such time as the City of Renton adopts an ordinance providing for public 'r maintenance of said facilities. 2 This Declaration establishes a plan for the private ownership of lots and the buildings C\2 constructed thereon,for the dedication of certain areas to municipal corporations, and for the beneficial maintenance through a nonprofit corporation of all the remaining land and related easements,hereafter defined and referred to as the "Common Areas". 0) The nonprofit corporation is the WESTVIEW HOMEOWNERS ASSOCIATION ("ASSOCIATION"), to which shall be delegated and assigned the duties and powers of maintaining and administering the Common Areas, administrating and enforcing these covenants,conditions, and restrictions, and collecting and disbursing the assessments and charges hereinafter created. r, NOW,THEREFORE, Declarant hereby covenants, agrees, and declares that all of Westview, as defined herein and described in Exhibit A hereto, and the buildings and _ structures hereafter constructed thereon are, and will be,held, sold, and conveyed • subject to and burdened by the following covenants,restrictions, and easements, all of g2 which are for the purpose of enhancing and protecting the value, desirability, and Uattractiveness of Westview for the benefit of the Owners thereof, their heirs, successors, grantees, and assigns. All provisions of this Declaration shall be binding upon all n parties having or acquiring any right, title or interest in Westview or any part thereof, • and shall inure to the benefit of the Owners thereof and to the benefit of the • Association and are intended to be and shall in all respects be regarded as covenants S' • running with the land. ARTICLE 1- DEFINITIONS CI 1 n Section 1.1-Architectural Control Committee page 1 L67:o m "Architectural Control Committee" shall mean and refer to the duly appointed Committee of the Association as further described in Section 2.7 and as sometimes referred to herein as the "Committee". Section 1.2-Association "Association" shall mean and refer to the Westview Homeowners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.3-Association Action "Association Action" (ACE) shall mean and refer to a written corporate action of the Association in the form of either a by-law or resolution duly passed by either the Board or the Owners. Section 1.4-Board "Board" shall mean and refer to the board of directors of the Association. Section 1.5-Building Setback Line "Building Setback Line" shall mean and refer to the various lines designated as "'BSBL" on the face of the final plat, short plat, or other analogous plan or map, beyond which no structures,filling,grading or other obstructions are permitted as set forth in Ida Section 5.2 hereof. Section 1.6-Common Areas 14 "Common Areas" shall mean and refer to all easements and Tracts and any improvements thereto that are owned or maintained by the Association,for the benefit of the Lot Owners, and subjected to this Declaration by an appropriate recording. gTracts reserved for access to a particular Lot or Lots and not owned by the Association shall not be considered part of the Common Areas. The Common Areas in Westview are listed in Exhibit B which is attached hereto and incorporated herein by this reference. The Declarant may add to the Common Areas during the Development Period by recording an amendment to this Declaration or by recording a Supplementary Declaration. Section 1.7-Declarant "Declarant" shall mean and refer to Archer Development, Inc., a Washington corporation, and CSL Development,- tenants in common,its successors and assigns if such successors or assigns should acquire all or substantially all of the then undeveloped portions of Westview from Declarant for the purpose of development (excluding Participating Builders). Section 1.8-Declaration "Declaration" shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. page 2 I I Section 1.9-Development Period "Development Period shall mean and refer to that period of time beginning on the date of this Declaration and ending whenever any of the following first occurs: (i) 4 years from the date hereof; or (ii) upon receipt of written notice from Declarant to the Association in which Declarant elects to terminate the Development Period. Section 1.10-Governing Documents "Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and the Articles of Incorporation, Bylaws of the Association,rules and regulations, and rules and procedures of the Architectural Control Committee as any of the foregoing may be amended from time to time. Section 1.11-Westview shall mean and refer to that certain real property known as "Westview" which is indicated herein on Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and conditions hereof by an appropriate recording. Section 1.12-Lot te? "Lot" shall mean and refer to any legal segmented and alienable portion of Westview Cit) created through subdivision or any other legal process for dividing land and subjected riIto this Declaration by an appropriate recording,with the exception of dedicated rights coof way and Tracts designated as Common Areas or reserved for access to a particular Cl Lot or Lots. Section 1.13-Mortgage 0, "Mortgage shall mean and refer to any recorded mortgage or deed of trust encumbering one or more of the Lots. "First Mortgage" shall mean and refer to a Mortgage with priority over other Mortgages. "Mortgagee" shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgages. As used herein, the term "Institutional Mortgagee" or "Institutional Holder" shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency or department of the United States Government or of any state municipal government. Section 1.14-Owner "Owner" shall mean and refer to the recorded owner (whether one or more persons or entities) of a fee interest in any Lot, including the Declarant and Participating Builders but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. page 3 t '^ Section 1.15-Participating Builder "Participating Builder" shall mean and refer to a person or entity that acquires a portion of Westview for the purpose of improving such portion for resale to individual Owners. Section 1.16-Single Family "Single Family shall mean and refer to a single housekeeping unit that includes not more than 4 adults who are legally unrelated. Section 1.17-Supplementary Declaration "Supplementary Declaration" shall mean and refer to any recorded declaration of covenants, conditions,restrictions and easements which extends the provisions of this Declaration to a Phase. Section 1.18-Tract "Tract" shall mean and refer to any legally and alienable portion of Westview created through subdivision or any other legal process for dividing land and subjected V) to this Declaration by an appropriate recording,with the exception of Lots and dedicated rights of way. C:4 CIO ARTICLE 2-WESTVIEW HOMEOWNERS ASSOCIATION CNI Section 2.1-Description of Association ` The Association is a nonprofit corporation organized and existing under the Laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents, as they may be amended from time to time;provided,however, that no Governing Documents other than this Declaration shall for any reason by amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2.2-Association Board During the Development Period the Declarant shall manage the Association and shall have all the powers of the Board set forth herein. The Declarant may,from time to time, select a temporary board of not fewer than 3 persons who need not be Owners to manage the Association during the Development Period. The temporary board shall have the full authority to manage the Association under the Governing Documents and shall be subject to all provisions of the Governing Documents;provided that, after selecting a temporary board, Declarant may at any time terminate the temporary board and reassume its management authority under this Section 2.2 or select a new temporary board. Upon termination of the Development Period, the terms of the temporary Board selected by the Declarant, if any, shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners, as provided in the Bylaws of the Association. The Board shall elect page 4 L- — - - - - Section 2.7.5-Exemptions and Variances from Committee Requirements The Committee may, upon application, grant exemptions from the rules and procedures of the Committee and the requirements of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of the Committee that the improvement or other matters which are desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of this Declaration. Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such information as the Committee shall from time to time require. The Committee shall consider application for exemption or variance and shall render its decisions within thirty (30) days after notice to the Owner of proper submission. The failure of the Committee to approve an application for an exemption or variance shall constitute disapproval of such application. ltd Section 2.7.6-Failure of an Owner to Comply 0 Failure of an Owner to comply with the rules and procedures of the Committee or the Cg final application as approved by the Committee shall, at the election of the Association's Board exercised after thirty (30) days written notice to such Owner, 0 constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation which shall constitute a lien against such Lot, enforceable as provided herein and/or pursue any other remedy at law including, but not limited to an action for specific performance. ARTICLE 3-ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS Section 3.1-Owners Covenants to Pay Assessments By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to pay the Association,in advance, all general and specific assessments levied as provided herein. Section 3.2-Association Budget The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually,in accordance with the generally accepted accounting principals. The operating budget shall set forth all sums required by the Association, as estimated by the Association to meet its annual costs and expenses, including but not limited to all management and administration costs, operating and maintenance expenses of the Common Areas, and services furnished to or in connection with the Common Areas, including the amount of all taxes and assessments levied against, and the cost of liability and other insurance on, the Common Areas, and including charges for any services furnished by or to the Association; the cost of utilities and other services; and the cost of funding all reserves established by the Association. The funds page 7 J ! required to meet the Association's annual expenses shall be raised from a general assessment against each Owner as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. Section 3.3-Levy of General Assessment In order to meet the costs and expenses projected in its operating budget, the Association shall by Association Action determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of Lots. The Association 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 the beginning of such period and shall at that time prepare a roster of the owners and general assessments allocated to each,which shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided,however, that the notification to an Owner of the amount of assessment shall not be necessary to the tr validity thereof. The omission by the Association, before the expiration of any © assessment period, to fix the amount of the general assessment hereunder for that or Kithenext period shall not be deemed a waiver or modification in any respect of the n provisions of this Article or a release by any Owner from the obligation to pay the general assessment, or any installment thereof,for that or any subsequent assessment period,but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared,the Association shall,if necessary,revise the general assessment levied against the Owners and give notice to each Owner. Section 3.4-Payment of General Assessment Upon Association Action, installments of general assessments may be collected on a monthly, quarterly, semiannual, or annual basis. Any Owner may prepay one or more installments on any assessment levied by the Association without penalty. Section 3.5-Nondiscriminatory Assessment Except as provided in Section 5.15 hereof, no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment may be made against an Owner by a two-thirds majority vote of the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner's Lot up to such comparable standard. Section 3.6-Commencement of Assessments page 8 • Liability of an Owner for Assessments shall commence on the first day of the month following the date upon which any instrument of transfer to such an Owner becomes operative (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot or,if earlier, the first day of a calendar month following Owner's occupancy of such Lot);provided, however, that a Participating Builder shall not be liable for any assessments with respect to a Lot acquired from Declarant for a period of one year from the date of acquisition. The Declarant, its successors and assigns, shall not be liable for any assessments with respect to any Lot unless such Lot is occupied. The Association may in its rules and regulations provide for an administratively convenient date for the commencement of assessments that is not more than 90 days after the effective date established above. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessments. Section 3.7-Certificates of Assessment Payment Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specific Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such a certificate. OSection 3.8-Special Assessments In addition to the general assessments authorized by this Article, the Association may, by Association Action, levy a special assessment or assessments at any time, applicable 7) 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 capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate;provided, however, that any such special assessments in excess of$250 per Lot must have the prior favorable vote of two-thirds of the Owners. Section 3.9-Effect of Nonpayment of Assessment If any assessment payment is not made in full within 30 days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot assessed and shall bear interest from such due date at a rate set by the Board in its rules and regulations which shall not exceed the highest rate then permitted by law. By acceptance of a deed to a Lot,recording of real estate contract therefor, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association,its agents and employees, and to the Declarant during the Development Period,the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is page 9 L then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association, and the Association shall have the power to bid at any lien foreclosure sale and to acquire,hold, lease, mortgage, and convey the Lot foreclosed against. Section 3.10-Lien to Secure Payment of Assessment Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot, to secure to the Association the payment to it of all assessments,interest, costs, and attorney's fees; and Declarant hereby subjects all Lots perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity of any further action by the Association, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment,but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest !' unless expressly assumed by them; provided,however, that in the case of a sale or contract for the sale of any Lot which is charged with a payment of assessment, the qD person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not,however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot. Section 3.11-Suspension for Nonpayment of Assessment If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the Governing Documents of the Association for a period of 30 days, said Owner's voting rights shall without necessity of any further action by the Association, be suspended (except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessment by nonuse of the Common Areas or by abandonment of a Lot. Section 3.12-Reserves for Replacement As a common areas expense, the Association shall establish and maintain a reserve fund for replacement of the Common Areas and any improvements thereon. Such fund shall be deposited with a banking institution. The reserve fund shall be expended only for the purpose of effecting the replacement of the Common Areas and any improvements and community facilities thereon. The Association may establish such other reserves for such other purposes as it may from time to time consider to be page 10 necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. Section 3.13-Certain Areas Exempt The Tracts and all portions of Westview dedicated to and accepted by the City of Renton or other public authority shall be exempt from assessment by the Association. ARTICLE 4-SUBORDINATION OF LIENS Section 4.1-Intent of Provisions The provisions of this Article 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. Section 4.2-Mortgagee's Non liability The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge,nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. Section 4.3-Mortgagee's Rights During Foreclosure Duringforeclosure of a Mortgage,includinganyperiod of redemption, the holder of �0P � , the Mortgage may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the In exclusion of the Owner's exercise of such rights and privileges. Section 4.4-Mortgagee as Owner At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration,including the obligation to pay for all assessments and charges in the same manner as any Owner. Section 4.5-Mortgagee's Title Free and Clear of Liens A Mortgagee or other secured party acquiring title to a secured Lot through foreclosure, deed in lieu of foreclosure, or equivalent method, shall acquire title to the encumbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration insofar as such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the expiration date of any period of redemption. The Association may treat any unpaid assessments against a Lot foreclosed against as an expense of the Association pursuant to Section 3.2. Section 4.6-Survival of Assessment Obligation page 11 l � • e • After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable effort to collect the same from such Owner. Section 4.7-Subordination of Assessment Liens The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payment coming due after the date of completion of foreclosure. ARTICLE 5-USE COVENANTS, CONDITIONS, AND RESTRICTIONS COSection 5.1-Authorized uses � Lots in Westview shall be used solely for residential purposes and related facilities ta normally incidental to a residential community. During the Development Period,no t4 Lot shall be further subdivided without Declarant's prior written approval. Thereafter, no Lot shall be further subdivided, except as permitted in this Declaration and any Supplemental Declaration,without prior approval conferred by Association Action. Section 5.2-Approval of Building or Clearing Plans Required No building,fence, deck,patio,wall,kennel, or other structure shall be commenced, erected, or maintained upon a Lot or any other portion of Westview, nor shall any exterior additional to or change or alteration therein be made,nor shall a Lot be cleared or excavated for use,until after the details and written plans and specification showing the nature,kind, shape, height,materials,colors, and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee. Any structure so approved must be completed as to external appearance, including exterior staining or painting,within nine (9) months after the date construction is commenced unless the Committee elects to grant an extension. Although the Committee shall have full authority to approve or disapprove of any specific proposal. the following restrictions shall apply to Westview in general: Section 5.2.1-Building Setbacks No structures,filling,grading or obstruction, shall be permitted beyond the Building Setback Line, as per the City of Renton requirements, or within any drainage easement area as shown on the face of the final plat unless otherwise approved by the Committee and by the City of Renton. page 12 • • Section 5.2.2-Building Materials Each home constructed on a Lot shall be built of new materials except,with approval of the Architectural Control Committee, decorative items such as used brick,weathered planking, and similar items. All visible masonry shall be native stone,brick or stucco. The street side elevation of each home shall be finished with LP lap siding or an equivalent to be approved by the Architectural Control Committee. Aluminum,vinyl or"T-111" siding are not permitted. LP panel siding may be used on sides and backs of homes, except on corner Lots where the side of the house faces the street. All windows facing the street must be finished on the exterior with cedar or other decorative trim to be approved by the Architectural Control Committee. Roofs on all buildings must be finished with 25 year dimensional composition roofing, charcoal grey in color, unless written approval is granted by the Architectural Control Committee;no flat roof shall be allowed. Exterior colors must be approved by the Architectural Control Committee. Exterior trim,fences, doors,railings, decks, eaves,gutters, and exterior finish of garages and other accessory buildings shall be designed,built and maintained to be compatible with the exterior of the structure they adjoin. (Generally, colors shall be muted earth tones;gray, beige, and similar shades.) ll? Section 5.2.3-Landscaping and Fencing Front yards shall be fully landscaped within nine (9) months after the date construction of the home commences unless extended by the Committee. Side yards and rear yards C4 shall be landscaped within 12 months of the home completion. No fence erected within Westview shall be over six (6) feet in height. No barbed wire,chain link, or corrugated fiberglass fences shall be erected on any Lot. All fences, open and solid, are to meet the standards set by the Committee and must be approved by the Committee prior to construction. Section 5.2.4-Floor Area Only one Single Family home not to exceed two (2) stories in height plus basement and a private garage shall be permitted on each Lot. If a home is built on a Lot,it must include a garage for not less than two (2) cars which is fully enclosed. All garages must be attached ( no carports). The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, or for the storage of a boat and/or camping trailer kept for personal use,provided the location of such structures is in conformity with the applicable municipal regulations, is compatible in design and decoration with the residence constructed on such Lot and has been approved by the Architectural Control Committee. The minimum allowable square footage of any residence within Westview shall be as follows: Rambler homes shall include no less than 1500 square feet of living space. Two story homes shall include no less than 1500 square feet of living space. "Living space" shall not include porches, decks, balconies, garages, or outbuildings. The Architectural Control Committee may accept variances from the floor area requirements of this Subsection. Section 5.2.5-Contractor page 13 No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of Washington without prior written approval of the Architectural Control Committee, Section 5.2.6-Driveways All driveways and parking areas shall be paved with exposed aggregate concrete, or other material approved by the Architectural Control Committee. Section 5.3-Leasing Restrictions No Lot may be leased or rented by any party for a period of fewer than 30 days,nor shall less than the whole of any Lot be leased or rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions of the Governing Documents. Any failure by a lessee to comply with the terms of the Governing Documents shall be a default under the lease,whether or not it is so expressed therein. Other than the foregoing, there is no restriction on the right of any Owner to lease his Lot. Section 5.4-Animals No animals,livestock, or poultry of any kind shall be raised, bred, or kept on Lots less than one acre in size: provided however, that dogs, cats, or other conventional small household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or a nuisance. The Association shall have the authority to determine whether a particular pet is a nuisance or a source of annoyance, and such determination shall be final and conclusive. Pets shall be attended at all times and shall be registered,licensed, and inoculated from time to time as required by law. When not confined to the Owner's Lot,pets within Westview must be leashed and accompanied by a person responsible for cleaning up any animal waste. Section 5.5-Commercial Uses No commercial enterprise,including itinerant vendors, shall be permitted on any Lot: provided, however, that the Association may permit specific home occupations to be conducted if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Westview community; and provided further that no signs or advertising devises of any character shall be permitted. Section 5.6-Vehicle Storage No storage of goods, vehicles, boats, trailers, campers,recreational vehicles or other equipment or devise shall be permitted in open view of any Lot, except this shall not exclude temporary (less than 24 hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lot. Upon 48 hours notice to the owner of an improperly parked or stored vehicle,boat, or other equipment, the Association has page 14 authority to have removed at the Owner's expense any such items visible from the street that are parked on any Lot or within the public right-of-way for more than 24 hours. Section 5.7-Garbage No garbage,refuse, or rubbish shall be deposited or left in Westview, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash,refuse, or scrap of any kind shall be permitted. Section 5.8-Utilities Underground Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance,no water pipes, sewer pipe,gas pipe, drainage pipe, telephone, power, or television cable or similar transmission line shall be installed or maintained above the surface of the ground. Section 5.9-Mining Prohibited No portion of Westview shall be used for the purpose of boring, quarrying, or exploring or for removing oil or other hydrocarbons, minerals, gravel or earth. Section 5.9-Signs Except for entrance, street, directional, traffic control, and safety signs, and such promotional signs as may be maintained by Declarant and participating Builders, or agents or contractors thereof, or the Association, no signs or advertising devises of any character shall be posted or displayed in Westview: provided, that one temporary real estate sign not exceeding 6 square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental of such Lot or residence. Political signs shall be allowed provided they are removed immediately after the election for which they were intended. Section 5.11-No Obstruction Easements No structure, planting, or other material shall be placed or permitted to remain upon Westview which may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. No decorative planting, structure, or fence may be maintained within an easement area unless specifically approved by the Architectural Control Committee. Section 5.12-Antennae No external short-wave or citizens' band antennae,freestanding antennae towers, or satellite reception dishes of any kind shall be permitted in Westview. All television page 15 • and/or FM radio antennae must be physically attached to a structure and must comply with applicable governmental standards and guidelines and any Association rules and regulations. Section 5.13-Owners' Maintenance Responsibilities The maintenance,upkeep, and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof, and in no way shall be the responsibility of the Association, its agents, officers or directors. Owners shall maintain their Lots and homes in good repair and in a clean, sightly, and sanitary condition at all times. Without limitation to the foregoing, each Owner shall be obligated to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and attractive state and in a manner comparable to that of the other Lots in Westview. No storage of firewood shall be permitted in front yards. After thirty (30) days'written notice to an Owner from the Association of such Owner's failure to so maintain his home or Lot, and after approval of a two-thirds majority vote by the Board or other Association committee to which such oversight responsibility shall have been delegated, the Association shall have the Q0right,through its agents and employees, to enter upon any Lot which has been found 614 to violate the foregoing standards in order to restore the home or Lot to such standards. co The cost of such work shall be a special assessment on such Owner and his Lot only. tiUnless accepted by the City of Renton and during the two-year maintenance period, the Owner of each Lot must inspect the curb,gutter, sidewalk and driveway in front of 'f their Lot on a regular basis. If damage has occurred prior to purchase, the Declarant or `) previous Owner is responsible. After purchase, the Owner is responsible for any damage to the curb,gutter, sidewalk and driveway in front of that Lot and shall be responsible for the repair of that damage to the satisfaction of the City of Renton. Section 5.14-Nuisances Prohibited No noxious or offensive activity shall be conducted in any portion of Westview, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington, King County,or any other applicable governmental entity. Nothing shall be done or maintained on any portion of Westview which may be or become an annoyance or nuisance to the neighborhood or detract from the value of Westview community. The Association shall determine by Association Action whether any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots and Living Units, or of the Common Areas, and such determination shall be final and conclusive. Section 5015-Relief from Certain Provisions In cases where an Owner has made a factual showing that strict application of the page 16 L provisions of Sections 5.4, 5.5, 5.6, 5.10, and 5.12 only of this Article (regulatinganimals, commercial uses,vehicle storage, signs and antennae,respectively) would work a severe hardship upon him, the Board by Association Action may grant the Owner relief from any such provisions: provided, however, that such relief shall be limited by its scope or by conditions to only that necessary to relieve the hardship: and provided further,that no such relief shall be granted if the condition thereby created would in the reasonable judgment of the Board violate the provisions of Section 5.14 of this Article. The decision of the Board in granting or denying such relief shall be final and conclusive. ARTICLE 6-COMMON AREAS The Association shall maintain,repair,replace, improve, and otherwise manage all of the Common Areas so as to keep them in good repair and condition and shall conduct such additional maintenance,repair,replacement,construction, or reconstruction as may be determined pursuant to Association Action to promote the recreation, health, safety, and welfare of the Owners. Any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. ARTICLE 7-INSURANCE: CASUALTY LOSSES; CONDEMNATION Section 7.1-Insurance Coverage The Association shall obtain and maintain at all times as an Association expense a policy or policies and bonds written by companies licensed to do business in Washington required to provide: Section 7.1.1-General Comprehensive Liability Insurance 71 General comprehensive liability insurance insuring the Association, the Owners, and Declarant against any liability to the public or the Owners and their guests, invitees, licensees, or tenants,incident to the ownership or use of the Common Areas. Section 7.1.2-Other Insurance Such other insurance as the Association deems advisable. ARTICLE 8-ENFORCEMENT Section 8.1-Right to Enforce The Association, Declarant, or any Owner, shall have the right to enforce,by any appropriate proceeding at law or in equity, all covenants, conditions,restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this page 17 Declaration. Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no event be deemed a waiver of the right to do so thereafter. Section 8.2-Remedies Cumulative Remedies provided by this Declaration are in addition to,cumulative with, and are not in lieu of, other remedies provided by the law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants,conditions, and restrictions herein cannot be adequately remedies by an action at law or exclusively by recovery of damages. Section 8.3-Covenants Running with the Land The covenants, conditions,restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing,leasing, subleasing, or otherwise occupying any portion of Westview,their heirs, executors, administrators, successors,grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject V) to this Declaration. Gin g ARTICLE 9-AMENDMENT AND REVOCATION CID Section 9.1-Amendment by Declarant or Association Declarant may, on its sole signature, during the Development Period, amend this Declaration and record one or more Supplementary Declarations to extend the provisions of this Declaration to additional Phases which consist of adjacent real property owned by Declarant, its successors or assigns. Upon the recording of a Supplementary Declaration, the Governing Documents shall immediately become applicable to the real property described herein. This Declaration may also be amended at any time by an instrument executed by the Association for and on behalf of the Owners,provided, however, that such amendments shall have received the prior approval of a vote of the Owners having 60 percent of the total outstanding votes in the Association; and provided,further, that no such amendment shall be valid during the Development Period without the prior written consent of the Declarant. Notwithstanding any of the foregoing,the prior written approval of 51 percent of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association's 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 bonds;responsibility for maintenance and repair; reallocation of interest in the Common Areas, or rights to their use;convertibility of Lots into Common Areas; leasing of Lots other than as 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 when professional management had been page 18 M • • Section 10.6-Interpretation The captions of the various articles, sections and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content or intent of this Declaration or any pares of this Declaration. Section 10.7-Severability Invalidation of any one of these covenants, conditions,restrictions, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. Section 10.8-Notices All notices, demands, or other communications ("Notices") permitted or required to be given by this Declaration shall be in writing and,if mailed postage prepaid by certified or registered mail,return receipt requested, shall be deemed given three days after the date after the date of mailing thereof, or on the date of actual receipt,if sooner; otherwise, Notices shall be deemed given on the date of actual receipt. Notice to any Owner may be given at any Lot owned by such an Owner;provided,however, that an Owner may from time to time by Notice to the Association designate such other place a) or places or individuals for the receipt of future notices. If there is more than one © Owner of a Lot, Notice to any one such Owner shall be sufficient. The address of the Declarant and of the Association shall be given to each Owner at or before the time he Cit becomes an Owner. If the address of the Declarant or the Association shall be changed, Notice shall be given to all Owners. an Section 10.9-Applicable Law This Declaration shall be construed in all respects under the laws of the State of Washington. page 20 ' • In witness whereof, the undersigned Declarant has executed this Declaration the day and year first above written. ARCHER DEVELOPMENT, INC. & CSL DEVELOPMENT- Tenants in Common � _ � 005ti Cara Lewis ` ' CSL Development STATE OF WASHINGTON) COUNTY OF KING ) On this iR-e--) day of Se-e,m be,)( , 19 ? 5 ,before me, the undersigned, a In Notary Public in and for the State of Washington, duly commissioned and sworn, Go personally appeared Cara Lewis, to me known to be owner of CSL DEVELOPMENT, Othe owner that executed the foregoing instrument, and acknowledged the said 5) instrument to be the free and voluntary act and deed of said sole propreitor,for the uses and purposes therein mentioned, and on oath stated that she was authorized to 7) execute the said instrument. 0) WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. e 1)t , ,Dpreyy, NOTARY PUBLIC • and for the State of Washington,residing at Remi-o-n) (,( My commission expires 3429/9' page 21 6 In witness whereof,the undersigned Declarant has executed this Declaration the day and year first above written. Archer Development, Inc. & CSL Development- Tenants in Common • Brent o ins Archer Development, Inc. STATE OF WASHINGTON) COUNTY OF KING ) On this / r ' day of 5 'efnbe,,Y ,19 95 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared Brent Rollins, to me known to be President of ARCHER DEVELOPMENT, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. ,04) WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. Ila NOTARY PUBLI in and for the State of Washington,residing at lr�/y1 > .79 My commission expires 3,429/97 page 22 EXHIBIT "A" WESTVIEW Lots 1/-12 of Westview,Westview Plat as they are recorded. CD Cit iI page 23 ♦. • a s Exhibit B - Common Areas WESTVIEW At the time of the recording of this document, the common areas are as follows; 1. Tract "A" storm water detention/retention pond and associated landscaping CID Cti2 page 24